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HomeMy WebLinkAboutC18-237 Regional Hazardous Materials Association of Eagle County{00551983.DOCX / } REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY (RHMAEC) AMENDED AND RESTATED REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY ESTABLISHMENT AND RECIPROCAL HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA") This IGA is made and entered into this _____________________, by and between the Town of Vail, Eagle River Fire Protection District, Greater Eagle Fire Protection District, Gypsum Fire Protection District, and Eagle County, hereinafter referred to collectively as "Operational Members" or "Parties" and individually as “Operational Member” or “Party.” RECITALS WHEREAS, Section 29-22-102(3) (a) and (b), C.R.S., requires the governing bodies of every town, city, and county in the state to designate an emergency response authority ("DERA") responsible for hazardous substance incidents occurring within the respective jurisdictions of the governing bodies; and WHEREAS, Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-201, C.R.S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203, C.R.S., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the Parties may be authorized to provide; and WHEREAS, Section 29-22-103(3), C.R.S., encourages mutual aid agreements between emergency response authorities for the purpose of enhancing the response to hazardous substance incidents and establishing procedures for, among other things, utilizing equipment, sharing technical assistance and promoting the safe handling of hazardous substance incidents; and WHEREAS, hazardous materials incidents may arise in one or more of the Parties' jurisdictions, resulting in response demands that exceed the personnel, equipment and/or expertise of that particular Party; and WHEREAS, the Parties entered into a Regional Hazardous Materials Association of Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental Agreement, dated October 9, 2012, (the “Original IGA”) for the purpose of establishing a separate governmental entity known as the Regional Hazardous Materials Association of Eagle County ("RHMAEC") to conduct joint hazardous materials activities including without limitation, planning, information management, initial response, equipment procurement and DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 C18-237 {00551983.DOCX / } sharing, personnel procurement and training, reimbursement and financial management as an operational group; and WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA in its entirety; and WHEREAS, the Parties wish to facilitate participation in such joint hazardous materials activities by other agencies and entities with capabilities or responsibilities related to hazardous materials activities, which other agencies and entities, upon joining the RHMAEC as provided herein shall be known as "Advisory Members," and which along with the Operational Members, shall be referred to collectively as "RHMAEC Members;" and WHEREAS, to receive the RHMAEC Members resource(s), it is cost effective for each of the RHMAEC Members to make available during a hazardous materials incident, its own resources to other affected RHMAEC Members; and WHEREAS, it is in the best interests of the public and each RHMAEC Member to have access to hazardous materials response resources of other RHMAEC Members to supplement their own resources during a hazardous materials incident; and WHEREAS, establishment of the RHMAEC will serve a public purpose and will promote the safety, security, and general welfare of the inhabitants within all the participating Parties' jurisdictions; NOW, THEREFORE, in consideration of the mutual benefits that will inure to the public and the Parties, and the mutual covenants by and between each of the Parties, it is agreed as follows: 1. Establishment of RHMAEC. The Regional Hazardous Materials Association of Eagle County ("RHMAEC") is hereby established as a separate governmental entity, in accordance with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1- 201, et seq., C.R.S. 2. Purpose. This IGA is entered into for the express purpose of creating RHMAEC and the mutual cooperation between the RHMAEC Members for hazardous substance response planning, and in the event of the occurrence of hazardous substance incidents it is intended to provide for the planning and initial emergency action necessary to minimize the effects of the hazardous substance incidents under Article 22 of Title 29, C.R.S. (DERA Functions). The Operational Members have entered into this IGA and agree to participate in RHMAEC in reliance upon the rights, obligations and immunities conferred upon them by these statutes and the provisions of the Colorado Governmental Immunities Act at C.R.S. § 24-10-101, et seq. In pursuing its DERA Functions, RHMAEC shall exist for the purposes of coordinated planning, information management and reporting, training, education, coordination, rapid deployment of qualified personnel and proper equipment for pre- and initial hazardous substance emergency action and the financial management necessary to achieve the purposes of the IGA and minimize the effects of hazardous substance incidents within Eagle County. This IGA is not intended to, nor shall it DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } be construed to, affect or extend the legal responsibilities of any RHMAEC Member except as expressly provided herein; create or extend any legal rights to any person from any RHMAEC Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which may arise as a result of a hazardous materials incident, including claims for reimbursement from persons responsible for hazardous substance incident or from any emergency response funds created under state or federal law. 3. Definitions. As used herein the terms "hazardous material incident" and "hazardous substance incident" shall be synonymous and shall have the same meaning as provided in Section 29-22-101(2), C.R.S., as amended from time to time. 4. RHMAEC Members. There shall be two categories of RHMAEC Members. A. Operational Members. Parties to this IGA shall be Operational Members of RHMAEC. Each Operational Member shall name one primary representative as a full voting member of the Board of Directors of RHMAEC. Each Operational Member may also designate an alternate for the purpose of attending meetings and voting in the absence of the designated primary representative. Operational Member representatives shall comprise the RHMAEC Board of Directors. B. Advisory Members. All other members of RHMAEC shall be designated as Advisory Members; RHMAEC shall include representatives ("Advisory Members") from interested or involved groups as such representatives are available. A representative from the Eagle County Local Emergency Planning Committee is encouraged to be involved as member at this level. 5. Board of Directors. A Board of Directors consisting of the designated primary representatives of the Operational Members shall govern the business and affairs of RHMAEC (the “RHMAEC Board of Directors”). Officers of RHMAEC shall be elected from among the Operational Members' primary representatives or in the case when no Operational Member is available to fill the role of Secretary a representative of the Advisory Members may be appointed to the position of Secretary by a majority of the Board, as provided in the Bylaws. The elected Treasurer of RHMAEC shall have the primary responsibility of ensuring proper management of the financial resources of RHMAEC with oversight by the RHMAEC Board of Directors as further provided in the Bylaws; 6. Bylaws . The RHMAEC Board of Directors shall, by two-thirds (2/3) vote, enact and from time to time amend bylaws ("Bylaws") to govern the organization and operation of RHMAEC. 8. DERA Responsibilities. Nothing in this IGA shall be deemed to alter the authority of any existing DERA pursuant to Section 29-22-102(3), C.R.S., except for coordination of cost reimbursement as described herein. A response by RHMAEC team(s) and equipment to a hazardous substance incident under this IGA shall be under the operational control of the DERA, and shall not alter the responsibility of the DERA in whose jurisdiction the incident occurs to command the response. All Parties hereto hereby delegate to RHMAEC their DERA authority to DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } seek cost reimbursement for hazardous substance incidents involving a response by RHMAEC teams or equipment. 9. Cost Reimbursement. Whenever a response to a hazardous substance incident involves RHMAEC team(s) or equipment, the Parties agree that RHMAEC shall function as coordinator of claims for reimbursement of costs incurred by all responding RHMAEC Members (including the DERA). The RHMAEC Board of Directors shall adopt procedures for preparing and submitting requests for cost reimbursement and allocation of reimbursement revenue. In conjunction with these policies RHMAEC Members will use their previously approved Cooperator Resource Rate Forms (CRRF) outlined through the Colorado State Forest Service (CSFS) for all billing. The RHMAEC shall timely submit the coordinated claim on behalf of itself, the DERA and the responding RHMAEC Members. Should such reimbursement proceeds be less than the total costs of all RHMAEC Members (including the DERA) involved in the incident response, reimbursement to all such RHMAEC Members (including the DERA) shall be reduced in a proportionate manner. Unreimbursed costs incurred by RHMAEC team(s) or equipment shall be absorbed by the RHMAEC Members involved in the incident. Any reimbursement of costs coordinated by RHMAEC shall follow the rules for reimbursement ("Rules") as promulgated by Colorado Department of Public Safety pursuant to Section 29-22- 104 (6)(a), C.R.S. Claims for reimbursement shall be submitted to RHMAEC within 24 days following the date the incident scene is declared safe by the DERA. All Parties to this IGA and all Advisory Members, by participating in RHMAEC waive any rights to seek reimbursement for an incident for which RHMAEC has been delegated reimbursement authority, except through RHMAEC, and authorize RHMAEC to settle and compromise any claim for reimbursement following procedures adopted by the RHMAEC Board of Directors. 10. Response Area. It is the intent of the Parties that the primary response area of RHMAEC shall be limited to Eagle County. Upon written agreement signed by two-thirds (2/3) of the RHMAEC Board of Directors, RHMAEC may enter into agreements to provide assistance outside Eagle County upon request. 11. RHMAEC Response. Whenever the DERA determines that a hazardous substance incident within its jurisdiction requires RHMAEC resources, a request for RHMAEC assistance shall be made. Upon receiving a request for assistance, RHMAEC will provide the requested resources to the location of the hazardous substance incident in accordance with RHMAEC Policies and Best Practices. For the duration of the hazardous substance incident, the responding RHMAEC Member personnel shall defer to the DERA for designation of Incident Commander. 12. Funding and Property. Operational Membership contributions will be made on an annual basis and shall be proposed by the RHMAEC Board of Directors. All budget proposals are subject to formal approval by the governing body of each individual Operational Member. Operational member contributions will be based upon a percentage of one quarter of one percent of the previous years' operating budget of each Operational Member excluding items listed in Exhibit A. The procedures for budgeting, setting contributions and approvals by the governing body of each Operational Member shall be detailed in the adopted Bylaws. It is the intent of the Parties that financial support of RHMAEC functions and equipment, as well as reliance on RHMAEC equipment and expertise, shall be shared among the Parties. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } 13. Insurance. Each Party shall at its own expense, keep in full force and effect, during the term of this IGA, general liability insurance coverage to protect against claims for bodily injury and property damage arising out of the acts or omissions of their own employees or agency, and liability insurance on any equipment or rolling stock they own or lease in accordance with the Colorado Revised Statutes. RHMAEC will carry in full force and effect during the term of this IGA, Personal Liability and/or Public Officials insurance for all members of the RHMAEC Board of Directors, as well as coverage for crime, and RHMAEC portable equipment, automobiles and general liability, with the applicable exclusions and in the minimum amounts as shown in the policy of insurance attached hereto as Exhibit B. 14. Hazardous Substance Incident Response. It is anticipated that initial responses to hazardous substance incidents shall be through the resources and equipment of the individual Operational Members responding separately but acting in concert and cooperation. Operational Members may request RHMAEC resources, which resources may consist of individuals from various Operational Members and equipment funded by RHMAEC. 15. Employees of RHMAEC Members. When providing any services pursuant to this IGA, including responding to a hazardous materials incident and providing services in furtherance of the DERA under this IGA, employees of RHMAEC Members shall at all times remain and act as employees of their respective RHMAEC Member, subject to the terms of this IGA. RHMAEC Members shall remain responsible for the compensation, benefits and insurance of such employees at all times. 16. Termination. Any Operational Member may terminate or withdraw from this IGA for any or no reason upon ninety (90) days advance written notice to the RHMAEC Board of Directors. Such written notice shall serve as a formal amendment to this IGA and negate the need for further amendment. Any Operational Member choosing to withdraw from RHMAEC shall be responsible for their annual contribution commitment after the start of each fiscal year. Any dues, donations or other contributions owing at the time of withdrawal shall be paid prior to withdrawal. Any Advisory Member may withdraw at any time upon written notice to the RHMAEC Board of Directors, subject to the same reimbursement rights and obligations. Upon withdrawal from RHMAEC, the Operational Member shall surrender all critical items such as gas detectors and hazmat suits, unless a written request to retain said equipment has been submitted and approved by the RHMAEC Board of Directors. 17. Additional Operational Members. Agencies desiring to join RHMAEC as Operational Members subsequent to its organization shall execute a copy of this IGA and a separate agreement with the RHMAEC Board of Directors that adheres to the policies and principles herein, and pay accumulated dues, capital contributions or other assessments as determined at the discretion of the RHMAEC Board of Directors. Such agreements related to joining RHMAEC as an Operational Member shall be approved by a majority vote of the RHMAEC Board of Directors. Upon delegation of an Operational Member's DERA authority to another entity, such entity shall become an Operation Member upon executing such agreements and approval by the RHMAEC Board of Directors. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } 18. Governmental Immunity. Nothing in this IGA shall be construed as a waiver of the limitations on damages, or as a waiver of the privileges, immunities, or defenses provided to, or enjoyed by, any of the RHMAEC Members under common law or pursuant to statute including, but not limited to, the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. and Sections 24-32-2604, et seq., C.R.S. 19. Worker Compensation and Pension Benefits. Pursuant to Sections 29-5-109, and 29-5- 110, C.R.S., and this IGA, if any personnel of a responding RHMAEC Member is injured, disabled, or dies as a result of performing services within the boundaries of another jurisdiction, said individual shall remain covered by, and eligible for, the workers' compensation and pension benefits, including disability, death, and survivor benefits, to which the individual would otherwise be entitled if the injury, disability, or death had occurred within the jurisdictional boundaries of the responding RHMAEC Member. 20. Prior Agreements. The terms of this IGA shall supersede the terms of any pre-existing agreements between RHMAEC Members regarding responses to hazardous substance incidents and actions or responsibilities, except for incidents that do not require the assistance of other RHMAEC Members or RHMAEC. This IGA shall not affect or supersede any other agreements, including mutual aid agreements between RHMAEC Members. 21. Whole Agreement. This IGA embodies the whole agreement between the Parties regarding responses to hazardous substance incidents and actions or responsibilities under Emergency Planning and Community Right-to-Know Act, except for incidents that do not require the assistance of other RHMAEC Members or RHMAEC, and there are no inducements, promises, terms, conditions or other obligations made or entered into by the Parties other than those contained herein. 22. Successors and Assigns. This IGA shall be binding upon the Parties hereto, their respective successors or assigns, but may not be assigned by any Party without the express written consent of the other Parties. 23. Severable. All terms contained in this IGA are severable and in the event that a court of competent jurisdiction shall hold any of them invalid, this IGA shall be interpreted as if such invalid term or condition is not contained herein. 24. Authorization. The signatories to this IGA affirm and warrant that they are fully authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this IGA have been made. 25. Amendment. This IGA may be amended from time to time by written IGA duly authorized by all the Parties to this IGA. No modification or waiver of this IGA or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all Parties. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } 26. No Third Party Beneficiaries. This IGA does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 27. Recording. This IGA, or a memorandum of this IGA, may be recorded in the records of the Eagle County Clerk and Recorder. 28. Effective Date. This IGA shall be effective upon approval by each of the Operational Members named herein, as evidenced by such duly passed resolution, ordinance or other appropriate authorization of each, and the execution of this IGA by the Operational Members' authorized representatives. 29. Notice. Any notice required by this IGA shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Eagle County Sheriff James Van Beek Eagle, CO 81631 Telephone: 970-328-8500 Facsimile: 970-328-1448 E-Mail: james.vanbeek@eaglecounty.us TOWN OF VAIL: Town of Vail, Colorado Attention: Town Mayor Dave Chapin Vail, CO 81657 Telephone: 970-479-2100 E-Mail: dchapin@vailgov.com Eagle River Fire Protection District Attention: Chief Karl Bauer Avon, CO. 81632 Telephone: 970-748-9665 E-Mail: kbauer@eagleriverfire.org DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } Greater Eagle Fire Protection District Attention: Chief Doug Cupp Eagle, CO. 81631 Telephone: 970-328-7244 E-Mail: dcupp@gefd.org Gypsum Fire Protection District Attention: Chief Kirkland Gypsum, CO. 81637 Telephone: 970-524-7101 E-Mail: Justin@gypsumfd.com // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 {00551983.DOCX / } WHEREFORE, the duly authorized representatives of Operational Members hereto have executed this Reciprocal Hazardous Material Incident Intergovernmental Agreement effective as of the date and year first written above. ____________________________ _________________ Eagle River Fire Protection District Date ____________________________ _________________ Greater Eagle Fire Protection District Date ____________________________ _________________ Gypsum Fire Protection District Date ____________________________ _________________ Eagle County Sheriff Date TOWN OF VAIL B y: ____________________________ Dave Chapin, Mayor Date: _________________ Attest: ______________________ Town Clerk COUNTY OF EAGLE, STATE OF COLORADO, by its Board of County Commissioners By: _____________________________ Kathy Chandler-Henry, Chair Date: _________________ ATTEST: _______________________ Clerk to the Board DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 8/1/2018 7/31/2018 7/27/2018 7/25/2018 8/7/2018 8/22/2018 {00551983.DOCX / } EXHIBIT A The following items shall be excluded when determining individual Operational Member contributions to the RHMAEC budget: • HR • Finance • Legal • Payroll Services • Treasurer • Capital • Cash Balance • Board of Director Fees • Elections • Debt Service • Information Technology • Grants DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VPJ100 (01-12) Portfolio of Coverages Especially Designed For : Underwritten by REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY PO BOX 1388 AVON CO 81620 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VPJ100 (01-12) RISK CONTROL POLICYHOLDER NOTICE Dear VFIS Client, Safety and health is a major concern in emergency service organizations today. These issues are important because of the major impact that accidents can have on an organization. Morale can often be affected as well as an organization’s finances. Insurance rarely covers all the expenses associated with accidents. There are often hidden costs that the or ganization must bear such as time spent reporting, documenting and investigating the accident, time spent training the replacement staff and time to replace the vehicles and equipment. Risk Control Guidelines Provided by VFIS As a valuable service to you, VFIS provides risk control guidelines and programs to your organization in an effort to help you prevent and/or reduce the impact of accidents. Implementing VFIS risk control measures could benefit your organization by reducin g or eliminating the hidden costs of accidents while helping your organization to continue to serve your community. VFIS provides a number of programs and services to help you in your risk control effort. While most of these services are available to our clients at no additional cost, some may require a fee based on the scope of the service requested. Some of the services and programs that we provide to our clients include: On-site risk control consultations Recommendations to control identifiable hazards Loss experience analysis Consultation on specific risk control-related problems Sample standard operating guidelines for vehicle operations Accident investigation procedures and forms Health and Safety Audit of NFPA 1500 Risk Control Publications VFIS has many resources that you can access at no charge on our Web site. These include Communiqués, which are a one-page fact sheet, that presents a specific hazard and provides procedures for controlling the hazard. VFIS also provides numerous training programs that you can access through the Client Education and Training Resource Catalog. Please visit www.vfis.com to view and order these resources. Inquire About Our Risk Control Services If you would like information about some of the above services and publications, please call VFIS Risk Control at (800) 233-1957. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 TR1000 (11/06) COMMON POLICY DECLARATIONS Named Insured and Mailing Address: Policy Number: Renewal of: Policy Period: From To at 12:01 AM Standard Time at your mailing address shown above Type of Entity: Business Description: This policy consists of the following coverage parts: Premium Property $ Crime $ Portable Equipment $ Auto $ General Liability $ Management Liability $ Excess Liability $ Taxes / Fees / Surcharges: $ Estimated Total Premium: $ The policy premium is payable on the dates and in the amounts shown below: See Installment Schedule VFIS-TR-2064054-09/000 VFIS-TR-2064054-08 07-10-2018 07-10-2019 CORPORATION EMERGENCY SERVICE ORGANIZATION 06-21-2018 6,004.00 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY PO BOX 1388 AVON CO 81620 2,750.00 NOT COVERED 350.00 143.00 1,118.00 1,293.00 350.00 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 TR1000 (11/06) In return for payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in the policy. The policy consists of the coverage parts where a premium is shown on page 1 of these Common Policy Declarations. In addition to any common forms, each coverage part consists of a Coverage Part Declarations and any coverage forms and endorsements listed on the Coverage Part Declarations or elsewhere in the policy. Authorized representative (countersignature, where required) Date The Company has caused this policy to be signed by its President and Secretary: From To Common Forms See Schedule of Forms and Endorsements VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Policy Number SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Effective Date: 12:01 A.M., Standard Time Agency Name VFIS-TR-2064054-09/000 07-10-18 VFIS REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY COMMON POLICY FORMS AND ENDORSEMENTS VCO300 03-03 COMMON POLICY CONDITIONS CG 21 70 01-15 CAP ON LOSSES FROM CERTIFIED ACTS OF TER IL 00 21 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 09 52 01-15 CAP ON LOSSES FROM CERT ACTS/TERRORISM VCOCO1 02-04 CO CHANGES - CANCELLATION AND NONRENEWAL VCOCO2 02-04 CO CHGS-CONCEALMENT/MISREPRESENT/FRAUD VCOCO3 04-14 COLORADO CHANGES - CIVIL UNION CRIME FORMS AND ENDORSEMENTS VCR105 03-04 EMPLOYEE DISHONESTY - BLANKET VCR300 03-03 CRIME GENERAL PROVISIONS VCRCO1 11-04 COLORADO CHANGES VCR109 12-17 ADDITIONAL COVERAGES COMPUTER AND FUNDS VCR110 01-12 IDENTITY FRAUD EXPENSE COVERAGE FORM PORTABLE EQUIPMENT FORMS AND ENDORSEMENTS CP 00 90 07-88 COMMERCIAL PROPERTY CONDITIONS PE1001 03-00 ESO PORTABLE EQUIPMENT COVERAGE FORM PE1003 01-96 WATERCRAFT EXTENSION PE1009 04-14 AMENDATORY ENDO PORTABLE EQUIPMENT PE1012 06-17 UNMANNED AIRCRAFT EXTENSION AUTOMOBILE FORMS AND ENDORSEMENTS AU1001 04-14 AUTO PHYSICAL DAMAGE EXTENSION ENDO AU1002 01-09 AGREED VALUE ENDORSEMENT AU1003 04-14 AUTO LIABILITY EXTENSION ENDORSEMENT AU1005 10-97 WAIVER OF GOV/CHARITABLE IMMUNITY AU1006 01-96 CARE, CUSTODY OR CONTROL EXCLUSION END AU1007 10-97 COMMANDEERED AUTO DEFINITION END AU1009 03-00 INCIDENTAL GARAGE OPERATIONS AU1017 10-13 AUTO PHY DMG EXT END-PUB ENT AND ESO CA 00 01 10-13 BUSINESS AUTO COVERAGE FORM CA 01 13 10-13 COLORADO CHANGES CA 21 50 07-17 CO UM COVERAGE - BODILY INJURY CA 20 02 10-13 SOUND RECEIVING EQUIP COVG -FIRE, POLICE CA 20 18 10-13 PROFESSIONAL SERVICES NOT COVERED CA 99 48 10-13 POLLUTION LIAB BROAD COV FOR COV AUTO GENERAL LIABILITY FORMS AND ENDORSEMENTS VGL101 08-03 ESO GENERAL LIABILITY COVERAGE FORM VGL204 03-03 EXCL - FIREFIGHTING/OTHER EMERG SERV VGL320 06-17 UNMANNED AIRCRAFT COVERAGE GGL300 01-05 MOBILE EQUIPMENT SUBJECT TO MV INS LAWS MANAGEMENT LIABILITY FORMS AND ENDORSEMENTS VML101 03-03 ESO - MANAGEMENT LIAB - CLAIMS MADE VML306 12-17 CYBER LIABILITY AND PRIVACY CRISIS MANAG VML310 08-14 AMENDATORY ENDORSEMENT MANAGEMENT LIAB DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Policy Number SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Effective Date: 12:01 A.M., Standard Time Agency Name VFIS-TR-2064054-09/000 07-10-18 VFIS REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY VMLCO1 02-04 CO DISCLOSURE FORM - CLAIMS MADE VMLCO2 02-13 COLORADO CHANGES EXCESS POLICY FORMS AND ENDORSEMENTS CX0001 04-13 COMMERCIAL EXCESS LIABILITY COVRG FORM CX0207 09-08 CO CHANGES - CANCELLATION AND NONRENEWAL CX2101 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDO CX2113 04-13 EXCLUSION - FUNGI OR BACTERIA CX2130 01-15 CAP ON LOSSES FROM CERTFD ACTS OF TERROR CX2401 09-08 PRODUCTS-COMPL OPS AGGREGATE LMT OF INS CX2712 05-11 CO CHANGES - UNDERLYING CLAIMS-MADE COVG CXE0112 02-10 PER LOCATION AGGREGATE LIMIT OF INSURANC CXE0172 02-10 FIREWORKS OR PYROTECHNICS EXCLUSION CXE0279 12-13 SUBLIMITED COVERAGES ENDORSEMENT CXE0286 12-13 ERISA EXCLUSION CXEG0287 02-10 EMERG SERVICE ORG AMENDATORY ENDORSEMENT CXEG0329 06-17 UNMANNED AIRCRAFT LIABILITY COV SUBLIMIT POLICYHOLDER NOTICES DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Policy Number INSTALLMENT SCHEDULE Named Insured Effective Date: 12:01 A.M., Standard Time Agency Name DUE PREMIUM SURCHARGE REVISED INSTALLMENT TOTAL Failure to pay the Installment Premium by the Date Due shown shall constitute non-payment of premium for which we may cancel this policy. VFIS-TR-2064054-09/000 07-10-18 VFIS REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 07/10/2018 $ 6,004.00DEPOSIT $ 6,004.00 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS: DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCO300 (03/03) COMMON Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 COMMON POLICY CONDITIONS All coverage parts included in this policy are subject to the following conditions. A. Cancellation 1.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b.30 days before the effective date of cancellation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured’s last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be sufficient proof of notice. 7.If this Condition conflicts with your state’s requirements regarding cancellation or non-renewal, the provisions of any state-specific form attached to this policy will supersede this Condition to the extent of such conflict. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy’s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections and Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCO300 (03/03) COMMON Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations on our behalf. 4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Liberalization If we revise any coverage included in this policy, and if such revision does not require a premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. F. Premiums The first Named Insured shown in the Declarations: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. G. Titles Throughout this policy, titles are intended for ease of reference only. They do not extend or restrict any coverage beyond what is specifically stated in the policy had no titles been used. H. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL GENERAL LIABILITY CG 21 70 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART HOSPICE AND HOME HEALTH CARE LIABILITY COVERAGE PART HOSPICE AND HOME HEALTH CARE NOT FOR PROFIT ORGANIZATION DIRECTORS AND OFFICERS LIABILITY POLICY LIABILITY COVERAGE PART MANAGEMENT LIABILITY COVERAGE PART PUBLIC OFFICIALS AND MANAGEMENT LIABILITY COVERAGE PART EDUCATORS LEGAL LIABILITY COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 09 08 ISO Properties, Inc., 2007 Page 1 of 2 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwrit- ers, Nuclear Insurance Association of Can- ada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of li- ability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" 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 organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an "in- sured"; 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 "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product material". DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 2 of 2 ISO Properties, Inc., 2007 IL 00 21 09 08 "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the forego- ing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 IL 09 52 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 09 52 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY INLAND MARINE COVERAGE PART PROPERTY COVERAGE PART PORTABLE EQUIPMENT COVERAGE PART A. Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Application Of 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 otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCOCO1 (02/04) COMMON Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES ---- CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: AUTOMOBILE COVERAGE PART CRIME COVERAGE PART GENERAL LIABILITY COVERAGE PART INLAND MARINE COVERAGE PART MANAGEMENT LIABILITY COVERAGE PART PORTABLE EQUIPMENT COVERAGE PART PROPERTY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. 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: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. B. The following is added to the Cancellation Common Policy Condition: 8. Cancellation of Policies In Effect for 60 Days or More a. 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: (a) Nonpayment of premium; (b) A false statement knowingly made by the insured on the application for insurance; or (c) A substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of the po licy unless the first Named Insured has notified us of the change and we accept such change. C. The following is added and supersedes any other pro vision to the contrary: 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCOCO1 (02/04) COMMON Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 D. The following Condition is added: 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 Insured’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 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCOCO2 (02/04) COMMON Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES ---- CONCEALMENT, MISREPRESENTATION OR FRAUD This endorsement modifies insurance provided under the following: AUTOMOBILE COVERAGE PART INLAND MARINE COVERAGE PART PORTABLE EQUIPMENT COVERAGE PART PROPERTY COVERAGE PART The Concealment, Misrepresentation or Fraud Condition is replaced by the following: 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCOCO3 (04/14) COMMON Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES – CIVIL UNION This endorsement modifies insurance provided under the following: AUTOMOBILE COVERAGE PART GENERAL LIABILITY COVERAGE PART MANAGEMENT LIABILITY COVERAGE PART The term spouse is replaced by the following: Spouse or party to a civil union recognized under Colorado law. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To VCR100 (12/17) CRIME COVERAGE PART DECLARATIONS Estimated Coverage Part Premium: Taxes, Fees and Surcharges: Total Premium: Crime Forms See Schedule of Forms and Endorsements. VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 06-21-2018 $ 143.00 $ 143.00 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To VCR100 (12/17) CRIME COVERAGE PART DECLARATIONS Employee Dishonesty ---- Blanket Covered Entity: Limit of Insurance Deductible Faithful Performance SPECIFIC EXCESS LIMIT OF INSURANCE ---- NAME SCHEDULE Names of Covered ‘‘Employees’’ Excess Limit of Insurance Each ‘‘Employee’’ Faithful Performance SPECIFIC EXCESS LIMIT OF INSURANCE ---- POSITION SCHEDULE Titles of Positions / Name of Covered Entities Number of ‘‘Employees’’ in Each Position Excess Limit of Insurance Each ‘‘Employee’’ Faithful Performance VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY $ 100,000 None No DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To VCR100 (12/17) CRIME COVERAGE PART DECLARATIONS Computer Fraud Covered Entity: Limit of Insurance Deductible VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY $ 10,000 None DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE Policy Number: VFIS-TR-2064054-09/000 Policy Period: From 07-10-2018 To 07-10-2019 CRIME COVERAGE PART DECLARATIONS Fraudulent Impersonation Coverage Covered Entity: REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY Limit of Insurance Deductible $10,000 None VCR100 (12/17) 06-21-2018 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To VCR100 (12/17) CRIME COVERAGE PART DECLARATIONS Identity Fraud Expense Covered Entity: Limit of Insurance Deductible Persons Not Covered VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY $ 10,000 None DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR105 (03/04) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 EMPLOYEE DISHONESTY COVERAGE FORM (Coverage Form A - Blanket) A. COVERAGE We will pay for loss of, and loss from damage to, covered property resulting directly from the covered cause of loss. 1. Covered Property: ‘‘Money’’, ‘‘securities’’ and ‘‘property other than money and securities’’. 2. Covered Cause of Loss: ‘‘Employee dishonesty’’. 3. Coverage Extension Employees Temporarily Outside Coverage Territory: We will pay for loss caused by any ‘‘employee’’ while temporarily outside the territory specified in General Condition B.16. for a period not more than 120 days. B. LIMIT OF INSURANCE The most we will pay for loss in any one ‘‘occurrence’’ is the applicable Limit of Insurance shown in the Declarations. C. DEDUCTIBLE 1. We will not pay for loss in any one ‘‘occurrence’’ unless the amount of loss exceeds the deductible amount shown in the Declarations. We will then pay the amount of loss in excess of the deductible amount, up to the Limit of Insurance. 2. You must: a. Give us notice as soon as possible of any loss of the type insured under this coverage form even though it falls entirely within the deductible amount; and b. Upon our request, give us a statement describing the loss. D. ADDITIONAL EXCLUSIONS, CONDITION AND DEFINITIONS In addition to the Crime General Provisions, this coverage form is subject to the following: 1. Additional Exclusions: We will not pay for loss as specified below: a. Employee Cancelled Under Prior Insurance: Loss caused by any ‘‘employee’’ of yours, or predecessor in interest of yours, for whom similar prior insurance has been cancelled and not reinstated since the last such cancellation. b. Inventory Shortages: Loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (1) An inventory computation; or (2) A profit and loss computation. But if you can prove in the absence of such computations that you have sustained a covered loss, you may offer your inventory records and actual physical count of inventory in support of other evidence as to the amount of loss claimed. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR105 (03/04) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 2. Additional Condition Cancellation As To Any Employee: This insurance is cancelled as to any ‘‘employee’’: a. Immediately upon discovery by you of any dishonest act committed by that ‘‘employee’’ whether before or after becoming employed by you; or b. On the date specified in a notice mailed to you. That date will be at least 30 days after the date of mailing. The mailing of notice to you at the last mailing address known to us will be sufficient proof of notice. Delivery of notice is the same as mailing. 3. Additional Definitions a. ‘‘Employee dishonesty’’ in paragraph A.2. means only dishonest acts committed by an ‘‘employee,’’ whether identified or not, acting alone or in collusion with other persons, with the manifest intent to: (1) Cause you, or the rightful owners of any covered property included in paragraph B.12. Ownership of Property; Interests Covered of the Crime General Provisions, to sustain loss; and also (2) Obtain financial benefit (other than employee benefits known to you, approved by you, and earned in the normal course of employment, including salaries, commissions, fees, bonuses, promotions, awards, profit sharing or pensions) for: (a) The ‘‘employee’’; or (b) Any person or organization intended by the ‘‘employ ee’’ to receive that benefit. b. ‘‘Occurrence’’ means all loss caused by, or involving, one or more ‘‘employees’’, whether the result of a single act or a series of acts. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR300 (03/03) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 6 CRIME GENERAL PROVISIONS Various provisions in this coverage part restrict coverage. Read the entire coverage part carefully to determine rights, duties and what is or is not covered. Throughout this coverage part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Various provisions of this coverage part refer to knowledge held or obtained by you, or discovery made by you. Under these provisions, knowledge or discovery by you means knowledge held or obtained, or discovery made, by any natural person who is: 1. An officer of any corporation which is a Named Insured under this policy; 2. An elected or appointed official of any governmental entity, including an official or employee of any unnamed governmental entity authorized to manage, govern or control your "employees"; or 3. An officer, official, director, trustee, commissioner, board member or administrator of any plan, trust, union, association, club, auxilliary or other organization which is a Named Insured under this policy. Words and phrases in quotation marks are defined in this coverage part. Unless stated otherwise in any Crime coverage form, declarations or endorsement, the following General Exclusions, General Conditions and General Definitions apply to all Crime coverage forms making up this coverage part. A. GENERAL EXCLUSIONS We will not pay for loss as specified below: 1. Acts Committed by You: Loss resulting from any dishonest or criminal act committed by you whether acting alone or in collusion with other persons. 2. Governmental Action: Loss resulting from seizure or destruction of pro perty by order of governmental authority. 3. Indirect Loss: Loss that is an indirect result of any act or "occurrence" covered by this insurance including, but not limited to, loss resulting from: a. Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, covered property. b. Payment of damages of any type for which you are legally liable. But we will pay compensatory damages arising directly from a loss covered under this insurance. c. Payment of costs, fees or other expenses you incur in establishing either the existence or the amount of loss under this insurance. 4. Legal Expenses: Expenses related to any legal action. 5. Nuclear: Loss resulting from nuclear reaction, nuclear radiation or radioactive contamination, or any related act or incident. 6. War and Similar Actions: Loss resulting from war, whether or not declared, warlike action, insurrection, rebellion or revolution, or any related act or incident. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR300 (03/03) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 6 B. GENERAL CONDITIONS 1. Concealment, Misrepresentation or Fraud: This insurance is void in any case of fraud by you as it relates to this insurance at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: a. This insurance; b. The covered property; c. Your interest in the covered property; or d. A claim under this insurance. 2. Consolidation - Merger: If through consolidation or merger with, or purchase or acquisition of assets or liabilities of, some other entity: a. Any additional persons become "employees"; or b. You acquire the use and control of any additional premises; any insurance afforded for "employees" or premises also applies to those additional "employees" and premises for a period of 60 days after the effective date of such consolidation, merger, or purchase or acquisition of assets or liabilities. You must give us written notice within this 60 day period and obtain our written consent to extend this insurance to such additional "employees" or premises. Upon obtaining our written consent, you must pay us an additional premium. If you fail to notify us in writing within this 60 day period, then this insurance shall automatically terminate as to such additional "employees" or premises. Such automatic termination shall be retroactive to the effective date of such consolidation, merger, or purchase or acquisition of assets or liabilities. 3. Coverage Extensions: Unless stated otherwise in the coverage form, our liability under any Coverage Extension is part of, not in addition to, the Limit of Insurance applying to the coverage or coverage section. 4. Duties in the Event of Loss: After you discover a loss or a situation that may result in loss of, or loss from damage to, covered property you must: a. Notify us as soon as possible. b. Submit to examination under oath at our request and give us a signed statement of your answers. c. Give us a detailed, sworn proof of loss within 120 days. d. Cooperate with us in the investigation and settlement of any claim. 5. Extended Period to Discover Loss: We will pay for covered loss discovered no later than one year from the end of the policy period. However, if: a. You obtain replacement insurance not issued by us or any affiliate; and b. Such loss is covered by your replacement insurance; and c. Your replacement insurance provides an extended period to discover loss of less than one year or does not provide an extended period to discover loss; we will pay only for covered loss discovered no later than the number of days equal to any extended period to discover loss provided by such replacement insurance. If such replacement insurance does not provide an extended period to discover loss, we will not provide this Extended Period to Discover Loss. 6. Joint Insured a. If more than one insured is named in the Declarations, the first Named Insured will act for itself and for every other insured for all purposes of this insurance. If the first Named Insured ceases to be covered, then the next Named Insured will become the first Named Insured. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR300 (03/03) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 6 b. If any insured or officer of that insured has knowledge of any information relevant to this insurance, that knowledge is considered knowledge of every insured. c. An "employee" of any insured is considered to be an "employee" of every insured. d. If this insurance or any of its coverages is cancelled or terminated as to any insured, loss sustained by that insured is covered only if discov ered no later than one year from the date of that cancellation or termination. e. We will not pay more for loss sustained by more than one insured than the amount we would pay if all the loss had been sustained by one insured. 7. Legal Action Against Us: You may not bring any legal action against us involving loss: a. Unless you have complied with all the terms of this insurance; and b. Until 90 days after you have filed proof of loss with us; and c. Unless brought within 2 years from the date you discover the loss. 8. Loss Covered Under More Than One Coverage of This Insurance: If two or more coverages of this insurance apply to the same loss, we will pay the lesser of: a. The actual amount of loss; or b. The sum of the limits of insurance applicable to those coverages. 9. Loss Covered Under This Insurance and/or Prior Insurance a. If any loss is covered: (1) Partly by this insurance; and (2) Partly by any prior cancelled or terminated insurance that we or any affiliate had issued to you or any predecessor in interest; the most we will pay is the larger of the amount recoverable under this insurance or the prior insurance. b. If any loss is covered: (1) Partly by this insurance; and (2) Partly by any prior cancelled or terminated insurance issued to you or any predecessor in interest by any carrier other than us or any affiliate: (a) Any deductible amount applicable to such loss will be reduced by any deductible amount applicable or sustained by you under the prior insurance; and (b) The Limit of Insurance applicable to such loss will be reduced by any amount paid or payable to you under the prior insurance. c. If you or any predecessor in interest sustained loss during the period of any prior insurance, and you or the predecessor in interest could have recovered under that insurance except that the time within which to discover loss had expired, we will pay for it under this insurance, provided: (1) This insurance became effective at the time of cancellation or termination of the prior insurance; and (2) The loss would have been covered by this insurance had it been in effect when the acts or events causing the loss were committed or occurred. The insurance under this paragraph c. is part of, not in addition to, the Limits of Insurance applying to this insurance and is limited to the lesser of the amount recoverable under this insurance as of its effective date, or the prior insurance had it remained in effect. 10. Non-Cumulation of Limit of Insurance: Regardless of the number of years this insurance remains in force, the number of premiums paid or the duration of any loss, no Limit of Insurance or deductible amount applicable to any coverage of this insurance cumulates from year to year or period to period. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR300 (03/03) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 4 of 6 11. Other Insurance: This insurance does not apply to loss recoverable or recovered under other insurance or indemnity. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of the loss, this insurance will apply to that part of the loss, other than that falling within any deductible amount, not recoverable or recovered under the other insurance or indemnity. But this insurance will not apply to the amount of loss that is more than the applicable Limit of Insurance shown in the Declarations. 12. Ownership of Property; Interests Covered: The property covered under this insurance is limited to property: a. That you own or hold; or b. For which you are legally liable. However, this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. 13. Policy Period a. The policy period is shown in the Declarations. b. Except as provided by the Loss Covered Under This Insurance and/or Prior Insurance General Condition, we will pay only for loss that y ou sustain through acts committed or events occurring during the policy period. 14. Records: You must keep records of all covered property so we can verify the amount of any loss. 15. Recoveries a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this insurance will be distributed as follows: (1) To you, until you are reimbursed for any loss that you sustain that would be covered under this insurance, but that exceeds the Limit of Insurance and the deductible amount, if any; (2) Then to us, until we are reimbursed for the settlement made; (3) Then to you, until you are reimbursed for that part of the loss equal to the deductible amount, if any. b. Recoveries do not include any recovery: (1) From insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or (2) Of original "securities" after duplicates of them have been issued. 16. Territory: This insurance covers only acts committed or even ts occurring within the United States of America, its territories and possessions, Puerto Rico or Canada. 17. Transfer of Your Rights of Recovery Against Others to Us: You must transfer to us all your rights of recovery against any person or organization for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. 18. Valuation - Settlement a. Subject to the applicable Limit of Insurance provision we will pay for: (1) Loss of "money" but only up to and including its face value. We may, at our option, pay for loss of "money" issued by any country other than the United States of America: (a) At face value in the "money" issued by that country ; or (b) In the United States of America dollar equivalent determined by the rate of exchange on the day the loss was discovered. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR300 (03/03) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 5 of 6 (2) Loss of "securities" but only up to and including their value at the close of business on the day the loss was discovered. We may, at our option: (a) Pay the value of such "securities" or replace them in kind, in which event you must assign to us all your rights, title and interest in and to those "securities"; or (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the "securities". However, we will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of: i. The value of the "securities" at the close of business on the day the loss was discovered; or ii. The Limit of Insurance. (3) Loss of, or loss from damage to, "property other than money and securities" or loss from damage to the premises for not more than the: (a) Actual cash value of the property on the day the loss was discovered; (b) Cost of repairing the property or premises; or (c) Cost of replacing the property with property of like kind and quality. We may, at our option, pay the actual cash value of the property or repair or replace it. If we cannot agree with you upon the actual cash value or the cost of repair or replacement, the value or cost will be determined by arbitration. b. We may, at our option, pay for loss of, or loss from damage to, property other than "money": (1) In the "money" of the country in which the loss occurred; or (2) In the United States of America dollar equivalent of the "money" of the country in which the loss occurred determined by the rate of exchange on the day the loss was discovered. c. Any property that we pay for or replace becomes our property. C. GENERAL DEFINITIONS 1. "Employee" means: a. Any natural person: (1) While in your service (and for 30 days after termination of service); and (2) Whom you compensate directly by salary, wages or commissions; and (3) Whom you have the right to direct and control while performing services for you; or b. Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you; or c. Any natural person who is a non-compensated officer or any other volunteer of any volunteer fire, ambulance, or other emergency service or auxiliary organization which is a Named Insured under this policy, while such officer or volunteer is subject to your direction and control and performing services for you; or d. Any natural person who is an elected or appointed supervisory official of any governmentally operated fire, ambulance or other emergency service organization which is a Named Insured under this policy, while such official is performing services for you; or e. Any natural person who is a director, trustee, commissioner or board member of any organization which is a Named Insured under this policy, while such director, trustee, commissioner or board member is performing services for you. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR300 (03/03) CRIME Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 6 of 6 But "employee" does not mean any: (1) Agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (2) Director, trustee, commissioner or board member: (a) With respect to his or her official duties as your director, trustee, commissioner or board member; or (b) While executing specific acts mandated or authorized by a resolution of your board of directors, board of trustees or board of commissioners. 2. "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. 3. "Property other than money and securities" means any tangible property other than "money" and "securities" that has intrinsic value but does not include any property listed in any Crime coverage form as Property Not Covered. 4. "Securities" means negotiable and non-negotiable instruments or contracts representing either "money" or other property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but "securities" does not include "money". DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCRCO1 (11/04) Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES This endorsement modifies insurance provided under the following: CRIME COVERAGE PART The following is added to B. GENERAL CONDITIONS of the CRIME GENERAL PROVISIONS form: LOSS PAYMENT 1. We will give you notice of our intentions within 60 days after we receive the sworn proof of loss; and 2. We will pay for covered loss or damage within 60 days after we receive the sworn proof of loss, if you have complied with all the terms of this coverage part and: a. We have reached agreement with you on the amount of loss; or b. An appraisal award has been made. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR109 (12/17) CRIME Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 5 ADDITIONAL COVERAGES COMPUTER AND FUNDS TRANSFER FRAUD AND FRAUDULENT IMPERSONATION SCHEDULE Coverage Limit of Insurance Deductible Amount Computer and Funds Transfer Fraud $ per Occurrence $ per Occurrence Fraudulent Impersonation $ per Occurrence $ per Occurrence Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. COMPUTER AND FUNDS TRANSFER FRAUD COVERAGE 1. We will pay for loss you sustain arising directly out of the loss of or damage to “money”, “securities” and “property other than money and securities” resulting directly from: a. A fraudulent: (1) Entry of "electronic data" or "computer program" into; or (2) Change of "electronic data" or "computer program" within; any "computer system" owned, leased or operated by you, provided the fraudulent entry or fraudulent change causes, with regard to Paragraphs A.1.a.(1) and A.1.a.(2) above: (a) "Money", "securities" or "property other than money and securities" to be transferred, paid or delivered; or (b) Your account at a "financial institution" to be debited or deleted. b. A "fraudulent instruction" directing a "financial institution" to debit your "transfer account" and transfer, pay or deliver "money" or "securities" from that account. 2. As used in Paragraph A.1.a., fraudulent entry or fraudulent change of "electronic data" or "computer program" shall include such entry or change made by an "employee" acting, in good faith, upon a "fraudulent instruction" received from a computer software contractor who has a written agreement with you to design, implement or service "computer programs" for a "computer system" covered under this Coverage. B. FRAUDULENT IMPERSONATION COVERAGE 1. We will pay for loss you sustain arising directly from your having, in good faith, transferred "money", "securities" or "other property" in reliance upon a "transfer instruction" purportedly issued by an "employee", "customer" or "vendor" but which "transfer instruction" proves to have been fraudulently issued by an imposter without the knowledge or consent of the "employee", "customer" or "vendor". 2. Verification If the Limit of Insurance for Fraudulent Impersonation shown in the Schedule on this endorsement is $100,000 or greater, the following is a precondition to coverage under this endorsement: You shall verify all "transfer instructions" for amounts greater than or equal to $25,000. This verification will be in accordance with a pre-arranged callback or other established verification procedure before acting upon any such "transfer instruction". DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR109 (12/17) CRIME Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 5 C. LIMIT OF INSURANCE 1. The most we will pay for loss in any one “occurrence” for Computer and Funds Transfer Fraud Coverage is the applicable Limit of Insurance shown in the Schedule. 2. The most we will pay for loss in any one “occurrence” for Fraudulent Impersonation Coverage is the applicable Limit of Insurance shown in the Schedule. If any loss is covered under more than one Coverage, the most we will pay f or such loss shall not exceed the largest Limit of Insurance available under any one of those Coverages. D. DEDUCTIBLE We will not pay for loss in any one “occurrence” unless the amount of loss exceeds the deductible amount shown in the Schedule on this endorsement. We will then pay the amount of loss in excess of the deductible amount, up to the Limit of Insurance. E. EXCLUSIONS, CONDITIONS AND DEFINITIONS In addition to the Crime General Provisions, this coverage form is subject to the following: 1. Additional Exclusions applicable to A. Computer and Funds Transfer Fraud Coverage and B. Fraudulent Impersonation Coverage: We will not pay for loss as specified below: a. Acts of Employees, Directors, or Trustees: We will not pay for loss resulting from any dishonest or criminal act committed by any of your “employees”, directors, trustees, or authorized representatives: (1) Whether acting alone or in collusion with other persons; or (2) Whether while performing services for you or otherwise. b. Authorized Access Loss resulting from a fraudulent: (1) Entry of "electronic data" or "computer program" into; or (2) Change of "electronic data" or "computer program" within; any "computer system" owned, leased or operated by you by a person or organization with authorized access to that "computer system", except when covered under Paragraph A.2. c. Confidential Or Personal Information Loss resulting from: (1) The disclosure of your or another person's or organization's confidential or personal information including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The use of another person's or organization's confidential or personal information including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. d. Data Security Breach Fees, costs, fines, penalties and other expenses incurred by you which are related to the access to or disclosure of another person's or organization's confidential or personal information including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR109 (12/17) CRIME Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 5 2. Additional Exclusions applicable to A. Computer and Funds Transfer Fraud Coverage: We will not pay for loss as specified below: a. Authorized Access Loss resulting from a fraudulent: (1) Entry of "electronic data" or "computer program" into; or (2) Change of "electronic data" or "computer program" within; any "computer system" owned, leased or operated by you by a person or organization with authorized access to that "computer system", except when covered under Paragraph A.2. b. Credit Card Transactions Loss resulting from the use or purported use of credit, debit, charge, access, convenience, identification, stored-value or other cards or the information contained on such cards. c Exchanges Or Purchases Loss resulting from the giving or surrendering of property in any exchange or purchase. d. Fraudulent Instructions Loss resulting from an "employee" or "financial institution" acting upon any instruction to: (1) Transfer, pay or deliver "money", "securities" or "property other than money and securities"; or (2) Debit or delete your account; which instruction proves to be fraudulent, except when covered under Paragraph A.1.b. or A.2. e. Inventory Shortages Loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (1) An inventory computation; or (2) A profit and loss computation. 3. The Territory Condition, under Section E. Conditions, is replaced by the following as respects B. Fraudulent Instruction Coverage: Territory We will cover loss that you sustain resulting directly from an "occurrence" taking place anywhere in the world. 4. Additional Definitions a. "Computer program" means a set of related electronic instructions , which direct the operation and function of a computer or devices connected to it, which enable the computer or devices to receive, process, store or send "electronic data". b. "Computer system" means: (1) Computers, including Personal Digital Assistants (PDAs) and other transportable or handheld devices, electronic storage devices and related peripheral components; (2) Systems and applications software; and (3) Related communications networks; by which "electronic data" is collected, transmitted, processed, stored or retrieved. c. “Customer” means an entity or individual to whom you sell goods or provide services under a written contract. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR109 (12/17) CRIME Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 4 of 5 d. "Electronic data" means information, facts, images or sounds stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software) on data storage devices, including hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. e. "Financial institution" means: (1) A bank, savings bank, savings and loan association, trust company, credit union or similar depository institution; (2) An insurance company; or (3) A stock brokerage firm or investment company. f. "Fraudulent instruction" means: (1) With regard to Paragraph A.1.(b): (a) A computer, telefacsimile, telephone or other electronic instruction directing a "financial institution" to debit your "transfer account" and to transfer, pay or deliver "money" or "securities" from that "transfer account", which instruction purports to have been issued by you, but which in fact was fraudulently issued by someone else without your knowledge or consent; or (b) A written instruction (other than those covered under Paragraph A.2. issued to a "financial institution" directing the "financial institution" to debit your "transfer account" and to transfer, pay or deliver "money" or "securities" from that "transfer account", through an electronic funds transfer system at specified times or under specified conditions, which instruction purports to have been issued by you, but which in fact was issued, forged or altered by someone else without your knowledge or consent. (2) With regard to Paragraph A.2.: A computer, telefacsimile, telephone or other electronic, written or voice instruction directing an "employee" to enter or change "electronic data" or "computer programs" within a "computer system" covered under A. Computer and Funds Transfer Fraud Coverage, which instruction in fact was fraudulently issued by your computer software contractor. g. “Occurrence” means: (1) An individual act or event; (2) The combined total of all separate acts or events whether or not related; or (3) A series of acts or events whether or not related; committed by a person acting alone or in collusion with others, or not committed by any person, during the Policy Period shown in the Declarations, except as provided under the Crime General Provisions, General Condition 9. h. “Transfer account” means an account maintained by you at a financial institution from which you can initiate the transfer, payment or delivery of “money” and securities: (1) By means of computer, telefacsimile, telephone or other electronic instructions; or (2) By means of written instructions (other than a check, draft, promissory note, or similar written promise, order or direction to pay a sum certain in “money”) establishing the conditions under which such transfers are to be initiated by such "financial institution" through an electronic funds transfer system. i. “Transfer instruction” means an instruction directing you to transfer ”money”, “securities” or “other property”. j. “Vendor” means an entity or individual from whom you purchase goods or receive services under a written contract. 5. Revised Definitions: DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR109 (12/17) CRIME Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 5 of 5 a. With regard to A. Computer and Funds Transfer Fraud Coverage, the following is added to the definition of "money" in the General Crime Provisions: 3. Deposits in your account at a "financial institution" as defined in Paragraph E.4.e. b. As respects the coverage provided by this endorsement, the following is added to the definition of "property other than money and securities" in the General Crime Provisions: "Property other than money and securities" does not include "computer programs", "electronic data" or any property specifically excluded under this insurance. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR110 (01/12) CRIME Copyright 2011 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 IDENTITY FRAUD EXPENSE COVERAGE FORM SCHEDULE Limit of Insurance: Deductible: Persons Not Covered: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. COVERAGE We will pay for “expenses” you sustain incurred by: 1. You; or 2. Any “employee”; resulting directly from “identity fraud”. B. LIMIT OF INSURANCE The most we will pay for your “expenses” resulting directly from “identity fraud” is the applicable Limit of Insurance shown in the Schedule. C. DEDUCTIBLE We will not pay for “expenses” unless the amount of “expenses” exceeds the deductible amount shown in the Schedule. We will then pay the amount of “expenses” in excess of the deductible amount, up to the Limit of Insurance. D. EXCLUSIONS, CONDITIONS AND DEFINITIONS In addition to the Crime General Provisions, this coverage form is subject to the following: 1. Additional Exclusion: “Expenses” due to “theft”, “identity fraud” or any other dishonest act committed by: 1. You; 2. Any “employee”; or 3. Any person shown in the Schedule; whether acting alone or in collusion with other persons. 2. Revised Exclusion: The Legal Expenses Exclusion is replaced by the following: Expenses incurred by you which are related to any legal action, except when covered under this Coverage Form. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VCR110 (01/12) CRIME Copyright 2011 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 3. Revised Condition: The following is added to the Duties In The Event Of Loss Condition: You must send to us, within 60 days after our request, receipts, bills or other records that support any claim for “expenses” covered under this Coverage Form. 4. Additional Definitions: a. “Expenses” means: (1) Advertising and public relations expenses incurred by you to restore your business reputation as a result of an “identity fraud”; (2) Costs incurred by you or any “employee” for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies; (3) Costs incurred by you or any “employee” for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors; (4) Costs incurred by you or any “employee” for obtaining credit reports; (5) Lost income incurred by you or any “employee” resulting from time taken off work to complete fraud affidavits, meet with or talk to law enforcement agencies, credit agencies and/or legal counsel, up to a maximum payment of $250 per day. Total payment for lost income is not to exceed $10,000 or the Limit of Insurance shown in the Schedule, whichever is less; (6) Loan application fees, incurred by you or any “employee” for reapplying for a loan when the original application is rejected solely because the lender received incorrect credit information; (7) Reasonable attorney fees to: (a) Defend lawsuits brought against you by merchants, vendors, suppliers, financial institutions or their collection agencies; (b) Remove any criminal or civil judgments wrongly entered against you; and (c) Challenge the accuracy or completeness of any information in a consumer credit report for you; (8) Charges incurred by you or any “employee” for long distance telephone calls to merchants, vendors, suppliers, customers, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual “identity fraud”; and (9) Any other reasonable expenses incurred by you or any “employee” with our written consent. b. “Identity fraud” means the act of knowingly transferring or using, without lawful authority, a means of identification of: (1) Your business as shown in the Declarations; or (2) Any “employee”; with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. c. “Theft” means the unlawful taking of property to the deprivation of the Insured. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 From To PE1000 (11/06) PORTABLE EQUIPMENT COVERAGE PART DECLARATIONS Schedule of Portable Equipment Coverage Coverage Limit of Insurance Deductible Coverage A Blanket Coverage B Scheduled Estimated Coverage Part Premium: Taxes, Fees and Surcharges: Total Premium: Portable Equipment Forms See Schedule of Forms and Endorsements VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY Guaranteed Replacement Cost $ 500 NONE NONE $ 1,293.00 $ 1,293.00 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL PROPERTY CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2 COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a mate- rial fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect th is insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy’s coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or dam- age occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will im- mediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Cover- age Part bears to the Limits of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 2 of 2 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 CP 00 90 07 88 I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do noth- ing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Cov- ered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 1 of 11 EMERGENCY SERVICE ORGANIZATION PORTABLE EQUIPMENT 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. SECTION I. YOUR PORTABLE EQUIPMENT COVERAGE Coverage A. Blanket --Portable Equipment.-- We will pay for direct physical loss or damage caused by or resulting from any --covered cause of loss -- to "portable equipment" owned by you or furnished to y ou for your regular use. The most we will pay is described under WHAT WE WILL PAY. Coverage B. Scheduled --Portable Equipment.-- We will pay for direct physical loss or damage caused by or resulting from any --covered cause of loss -- to "portable equipment" owned by you or furnished to y ou for your regular use, that is specifically listed in the Declarations or in a schedule attached to this coverage form. The most we will pay is described under WHAT WE WILL PAY. SECTION II. EXTENSIONS OF PORTABLE EQUIPMENT COVERAGE This section adds to or extends the coverage under YOUR PORTABLE EQUIPMENT COVERAGE. Each separately numbered provision is referred to as an extension. Except to the extent specifically stated otherwise in an extension: (1) each extension is limited to direct physical loss or damage caused by or resulting from any "covered cause of loss;" (2) the limits in each extension are in addition to the limits applicable to YOUR PORTABLE EQUIPMENT COVERAGE; (3) the limits in each extension apply separately for each occurrence; and (4) all other applicable terms and conditions of th is coverage form apply to each extension. Extension 1. --Debris Removal Expenses.-- We will pay your "debris removal expenses" if they are reported to us within 180 days after the date of the direct physical loss or damage. The most we will pay in any one occurrence is the greater of: (1) 25% of the amount we pay for direct physical loss or damage under Coverage A or Coverage B, before the application of any deductible; or (2) $5,000. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 2 of 11 Extension 2. --Personal Effects.-- a. We will pay for direct physical loss or damage to "personal effects" belonging to your volunteers, "employees," directors, officers or trustees while enroute to, during, and returning from any official duty authorized by you. b. We will pay up to the --replacement cost-- for lost or damaged --personal effects-- belonging to any one volunteer, --employee,-- director, officer or trustee under this extension, but not more than the smaller of the following: (1) the amount which is actually spent to repair or replace the lost or damaged --personal effects-- of comparable kind and quality; or (2) the --replacement cost-- of the lost or damaged --personal effects.-- The volunteer, --employee,-- director, officer or trustee may substitute --personal effects-- of a different kind or quality and still comply with the --replacement cost-- provision, but we won-t pay more than the cost to repair or replace the lost or damaged --personal effects-- with --personal effects-- of comparable kind and quality. c. This coverage is primary and will apply regardless of any other insurance coverage which may be available to the owner of the "personal effects." d. No deductible will apply. Extension 3. Non-Owned - Portable Equipment.- a. We will pay for direct physical loss or damage to "portable equipment" not owned by you and not furnished to you for your regular use, but that is temporarily in your possession, caused by or resulting from any "covered cause of loss." b. The most we will pay under this extension in any one occurrence is $50,000. Extension 4. --Valuable Papers and Records.-- a. We will pay the costs you incur in restoring, researching, replacing, or reproducing the "valuable papers and records" associated with your firefighting, ambulance or rescue related activities, when the --valuable papers and records-- suffer dir ect physical loss or damage from a --covered cause of loss,-- away from your premises. b. We will not pay for: (1) irreplaceable --valuable papers and records,-- unless they are specifically described in an endorsement and a limit is shown there; (2) any cost that results directly from processing or copying records; (3) any cost that results from work performed on papers or records, such as filing or binding; (4) loss or damage to computer-based records arising from loss or damage to - software,- or from a --computer virus-- or from mechanical breakdown of --hardware--; or (5) loss or damage to --software.-- DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 3 of 11 Extension 5. --Watercraft.-- a. If Coverage A is indicated in the Declarations, we will pay for direct physical loss or damage to --watercraft-- or --personal watercraft-- owned by you or furnished to you for your regular use, resulting from a --covered cause of loss.-- b. This extension applies to all such --personal watercraft--. c. This extension applies only to --watercraft-- that are either: (1) not powered by a motor or engine; or (2) powered by a motor or combination of motors of 100 horsepower or less, regardless of whether the motor is inboard, outboard, or inboard/outboard. Extension 6. Newly Acquired --Portable Equipment.-- a. Under Coverage B, Scheduled --Portable Equipment,-- we will pay for the direct physical loss or damage caused by or resulting from any --covered cause of loss-- to newly acquired --portable equipment-- similar to that listed in the Declarations or schedule attached to this coverage form. b. This automatic extension of coverage will apply for a period of 30 days from the date of acquisition, on a --replacement cost-- basis, not to exceed the purchase price of the newly acquired --portable equipment.-- SECTION III. COVERED CAUSES OF LOSS "Covered cause of loss" means any cause of direct physical loss or damage except as excluded below. Exclusions This policy does not apply to loss or damage caused by or resulting directly or indirectly from the following causes, or occurring in the following situations. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently with or before, during, or after the loss or damage. But we will cover "resulting fire or explosion" arising out of any of these excluded causes except "war." 1. "War." 2. "Nuclear activity." 3. "Neglect" except when your "portable equipment" is in use in an --emergency situation.-- 4. Dishonest acts or omissions of you or your "employees" or volunteers, or anyone authorized to act for you. 5. Mysterious disappearance of property or an inventory shortage. 6. "Wear and tear," deterioration, rust, corrosion, marring or scratching, erosion, wet or dry rot, and mold. 7. Mechanical breakdown. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 4 of 11 8. "Inherent vice." Examples of "inherent vice" are the yellowing and cracking of old paper, patina that forms on old bronze and the swelling of wood under moist conditions. 9. "Latent defects." 10. Faulty design, workmanship and material including the cost of correcting any faulty design, workmanship, material, manufacture or installation, alteration, repair or work on covered "portable equipment." But we will cover loss or damage that results from any of these, if the loss or damage occurs in connection with any cause of loss not oth erwise excluded by this policy. 11. Asbestos, including loss, damage or "clean-up" resulting from asbestos or asbestos-containing materials unless the damage from asbestos is caused by or results from your --emergency operations-- conducted away from premises owned or occupied by you. 12. Pollution or contamination including the actual, alleged or threatened presence, discharge, seepage, migration, release, escape or --clean-up- of -pollutants- unless caused by a -specified cause of loss-- or by your --training operations,-- or by your --emergency operations-- conducted away from premises owned or occupied by you. SECTION IV. WHAT WE WILL PAY A. Limits of Insurance 1. The most we will pay for loss or damage in any one occurrence is the guaranteed replacement cost for Coverage A, or for Coverage B the applicable Limit of Insurance shown in the Declarations or in an attached schedule. 2. If we pay the limit for any one occurrence, that will not reduce the applicable limit for any future covered loss resulting from an unrelated occurrence. 3. Except to the extent specifically stated otherwise in an extension, the limits in each extension are in addition to the limits applicable to YOUR PORTABLE EQUIPMENT COVERAGE. B. Deductible 1. We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the applicable deductible. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance. 2. Deductible Waiver. If a loss covered under this policy also involves a loss under an Emergency Service Organization Commercial Property or Business Auto Policy issued to you by us, only one deductible, the largest, will be applied. The deductible under the other policy or policies will be waived. C. Coverage A Valuation - Guaranteed Replacement Cost In the event of loss or damage, we will determine the value of property on a guaranteed replacement cost basis, as follows: DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 5 of 11 1. We will pay the entire --replacement cost-- of the lost or damaged --portable equipment,-- or the cost to repair or replace the damaged --portable equipment,-- whichever is smaller, in excess of the deductible, provided you accurately report to us at policy inception and within 30 days after acquisition, the number and --types of vehicles-- which carry --portable equipment-- owned by you or furnished to you for your regular use. 2. You may substitute "portable equipment" of a different kind or quality, but we won’t pay more than the cost to repair or replace the lost or damaged "portable equipment" with "portable equipment" of comparable kind and quality. 3. Our estimated value of the total --replacement cost-- of all --portable equipment-- is based on the number and --types of vehicles-- reported by you wh ich carry --portable equipment-- owned by you or furnished to you for your regular use. 4. If you do not accurately report the number and --types of vehicles-- set forth in paragraph 1. above, we will determine the most we will pay using the following steps: (a) Calculate the estimated value of your --portable equipment-- based on the number and --types of vehicles-- you reported to us. (b) Calculate the estimated value of your --portable equipment-- had the number and --types of vehicles-- been accurately reported to us. (c) Divide the amount calculated in step (a) by the amount calculated in step (b). (d) Multiply the resulting proportion by the total amount of loss. (e) Subtract the applicable deductible. We will pay the amount determined in step (e). For the remainder of any loss, you will have to rely on other insurance or absorb the loss. D. Coverage B Valuation - Replacement Cost In the event of loss or damage, we will determine the value of property under Coverage B as follows: 1. We will pay the "replacement cost" of the lost or damaged "portable equipment" in excess of the deductible, but not more than the smallest of the following: (a) the amount which you actually spend to repair or replace the lost or damaged "portable equipment" with "portable equipment" of comparable kind and quality; (b) the "replacement cost" of the lost or damaged "portable equipment;" or (c) the limit shown in the schedule for each item. 2. You may substitute "portable equipment" of a different kind or quality and still comply with the --replacement cost-- provision, but we won’t pay more than the cost to repair or replace the lost or damaged "portable equipment" with "portable equipment" of comparable kind and quality. SECTION V. LOSS CONDITIONS DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 6 of 11 The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Abandonment There can be no abandonment of any property to us. 2. Appraisal If we cannot agree with you on the amount of the loss, either of us can demand that the following procedure be used to settle the amount. a. You or we will request in writing that the dispute be submitted to appraisal within 60 days from th e time we receive your proof of loss. Each will then select an appraiser and notify the other of that choice within 20 days of the initial request. b. The appraisers will select an impartial umpire. If they cannot agree on an umpire within 15 days, either you or we can ask that an umpire be appointed by a judge of the court of record in the county where the property is located. c. The appraisers will appraise each item for its value at the time of loss and the amount of loss. If they can-t agree, they will submit any differences to the umpire. An agreement in writing by any two of these three will determine the amount of the loss. d. You will pay your appraiser and we will pay ours. Each will share equally any other costs of the appraisal and the umpire. e. We will not surrender our rights by any act we take relating to an appraisal. 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 property insured under this policy: (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 h ow, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the proper ty from further damage by a "covered cause of loss." If feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses for emergency and temporary repairs, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. (5) As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 7 of 11 Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. (6) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (7) Cooperate with us in the investigation or settlement of the claim. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured’s books and records. In the event of an examination, an insured’s answers must be signed. 4. Loss Payment a. In the event of loss or damage covered by this policy, 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. 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 property. d. 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 property. e. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. f. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if: (1) You have complied with all of the terms of this Coverage Part; and (2) (a) We have reached agreement with you on the amount of loss; or (b) An appraisal award has been made. 5. Recovered Property DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 8 of 11 If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property , subject to the Limit of Insurance. SECTION VI. PORTABLE EQUIPMENT COVERAGE DEFINITIONS --Aircraft-- means aircraft except those that are: (1) on the ground for display or instructional pur poses; (2) not self-propelled; and (3) not certified for flight. However, this does not include detached aircraft engines, parts, accessories and equipment. "Clean-up" includes testing, monitoring, removal, containment, treatment, detoxification or neutralization, or assessing the effects of --pollutants.-- --Computer virus-- means a computer program or computer code which is entered into your computer system without your knowledge, and which causes a disruption of normal program or computer system operation, but it does not mean an error in design or programming error. "Covered cause of loss" is defined in the section titled COVERED CAUSES OF LOSS. "Debris removal expense" means expenses you incur in removing debris of "portable equipment" covered by this policy after direct physical loss or damage caused by or resulting from any "covered cause of loss." --Emergency operations-- means actions: 1) Which are urgent responses for protection of pro perty, human life, health or safety; and, 2) Which result from the performing or attempting to perform fire fighting services, hazardous materials unit services, first aid, ambulance or rescue squad services, or related services, including the stabilizing or securing of an emergency scene; and, 3) Which are sanctioned by (i) a fire department, hazardous materials unit, or first aid, ambulance or rescue squad qualifying as an insured under this policy, or (ii) an officer, --employee-- or volunteer member of such organization. "Emergency situation" means an unexpected situation demanding immediate official action, but does not include response to situations which are your normal or routine activities. "Employees" means people who work for you in the conduct of your ordinary activities, in return for a salary, wages or commissions. In order to be considered an employee, a person must be subject to your exclusive direction in the performance of his or her activities. Contractors and agents are not considered to be employees. "Fine arts" means property that is rare or that has h istoric or artistic value, including antiques, rare articles, etchings, pictures, statuary, marbles, bronzes, porcelains and bric-a-brac. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 9 of 11 --Hardware-- means computers and their electronic data processing parts and equipment which accept, utilize and process raw information for conversion to machine readable form. "Inherent vice" means a natural condition of property that causes it to deteriorate or become damaged. "Latent defects-- are faults or weaknesses in proper ty itself. "Named insured" means the person(s) or organization(s) named in the Declarations. "Neglect" means your failure to take all reasonable steps to protect your property when it is threatened with loss or damage and to take all reasonable steps to protect your property from further loss after loss or damage occurs. "Nuclear activity" means loss from nuclear reaction, nuclear radiation or radioactive contamination, whether deliberate or accidental, controlled or uncontrolled, and whether or not the loss is direct or indirect, proximate or remote, or is contributed to or aggravated by a --covered cause of loss.-- But it does not include explosion, fire or smoke. --Permanently attached equipment-- means equipment that is welded, bolted or permanently screwed to the dashboard, firewall or body of the --vehicle.-- Equipment inserted on permanently installed slide brackets with or without the use of setscrews or tension, or portable firefighting and rescue related equipment, shall not be construed as permanently attached equipment "Personal effects" means property that belongs to an individual and is devoted primarily to that individual’s personal use; for example, clothing, eyeglasses, or individually owned portable firefighting, ambulance, or rescue related equipment. Personal effects does not include: (1) money and securities; (2) --fine arts-- (3) --aircraft-- (4) --watercraft,-- except as provided for in Extension 5. for Coverage A, or in an attached schedule for Coverage B; or (5) --vehicles.-- --Personal watercraft-- means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. "Portable equipment" means portable firefighting, ambulance, or rescue related equipment and portable communications equipment commonly used in fire and rescue operations away from your premises. Portable equipment also includes equipment specific to firefighting and rescue related activities, such as training videos, manuals and mannequins, and any trailer whose primary purpose is to transport covered portable equipment. But portable equipment does no t include: (1) "personal effects" belonging to you or your volunteers or --employees,-- other than individually owned portable firefighting, ambulance, or rescue related equipment; (2) personal property including contents, building fixtures, or building maintenance equipment such as lawn mowers or tractors; (3) money and securities; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 10 of 11 (4) "valuable papers and records;" (5) televisions, video cassette recorders, and other audio-visual equipment except when such equipment is intended for use off your premises in actual --emergency situations-- or in training for --emergency situations;-- (6) computer hardware or software or other electronic data processing equipment except when such equipment is intended for use off your premises in actual --emergency situations-- or in training for --emergency situations;-- (7) "fine arts;" (8) jewelry (except watches); (9) "aircraft;" (10) "watercraft,-- except as provided for in Extension 5. for Coverage A or in an attached schedule for Coverage B; or (11) "vehicles." "Pollutants" means any solid, liquid, gaseous or th ermal irritant or contaminant, including vapor, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Replacement cost-- is the amount it would take to replace property with property of the same kind and quality, determined at the time of loss, without deduction for depreciation. "Resulting fire or explosion" means a fire or explosion that results from any cause of loss other than "war," whether or not that cause of loss itself is covered under this policy. --Software-- includes all forms of computer programs, computer code, and computer readable data employed in your operations. It includes the media on which computer programs, computer code, or computer readable data are electronically or optically recorded, such as magnetic tapes, hard disks, floppy disks, or compact disks. "Specified cause of loss" means fire, lightning, windstorm or hail, explosion, riot or civil commotion, --vehicles-- or --aircraft,-- smoke, sonic boom, vandalism and malicious mischief, sprinkler leakage, sinkhole collapse or volcanic action. --Training operations-- means activities used to prepare, train, or instruct members of a fire department, hazardous materials unit, or first aid, ambulance or rescue squad in accepted and recognized emergency procedures, including municipal, state and federal s tandards. --Types of vehicles-- means various categories of vehicles commonly used in firefighting, ambulance or rescue operations, such as pumpers, brush trucks, aerial devices, rescue trucks, or advanced life support ambulances. "Valuable papers and records-- are documents that are written, printed, or otherwise inscribed. These include: (1) books, manuscripts, abstracts, maps and drawings; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1001 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 11 of 11 (2) film and other photographically produced records, such as slides and microfilm; and (3) schematics, pre-plans, and haz mat manuals. --Vehicle-- means a land motor vehicle, trailer or semi-trailer, including - permanently attached equipment,- designed for travel on public roads, but does not include mobile equipment or trailers whose primary purpose is to transport covered --portable equipmen t.-- "War" means any of the following: (1) Hostile or belligerent action, including action in hindering, combating or defending against an actual, impending or expected attack by: (a) any government or sovereign power (de jure or de facto); (b) any military, naval, air or nuclear forces; or (c) any agent of such government, power, authority or forces. (2) Insurrection, invasion, rebellion, revolution, civil war, usurped power or action taken by governmental authority in hindering, combating or defending against such an event. "Watercraft" means any watercraft used in your firefighting, ambulance or rescue related activities, including its motor, parts, accessories and equipment, but does not include --personal watercraft--. "Wear and tear" includes wear, deterioration, rust, corrosion, marring or scratching, erosion, wet or dry rot, and mold. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1003(01/96) Copyright, American Alternative Insurance Corporati on, 1995 Page 1 of 1 WATERCRAFT EXTENSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EMERGENCY SERVICE ORGANIZATION PORTABLE EQUIPMENT COVERAGE FORM With respect to "watercraft" (including its motor, parts, accessories and equipment) insured under this coverage form, all exclusions in Section III. COVERED CAUSES OF LOSS apply except as amended below: 4. Dishonest acts or omissions done by you, your "employees", volunteers or anyone authorized to act for you, but this exclusion does not apply to a dishonest act or omission done by the captain or crew of your "watercraft" for a fraudulent or dishonest purpose contrary to their duty to you. 7. This exclusion is deleted in its entirety. 9. "Latent defects". We will not pay the cost of replacing or repairing an item having a "latent defect" that causes damage to your insured property; however, resulting damage would be covered. 12. Pollution and contamination, which means the presence, release, discharge or dispersal of "pollutants" unless the damage is itself caused by or results from (1) the use of the "watercraft" in an emergency or (2) the activities of governmental authorities acting for the public welfare to prevent or mitigate a pollution incident, or the threat of a pollution incident. All other exclusions remain unchanged. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1009 (04/14) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT PORTABLE EQUIPMENT This endorsement modifies insurance provided under the following: PORTABLE EQUIPMENT COVERAGE PART The following revisions are made to the Portable Equipment Coverage Form: 1. Coverage for Replacement Chargers for Portable Equipment The following paragraph is added to Section IV What We Will Pay, Paragraph C. Coverage A Valuation - Guaranteed Replacement Cost and Paragraph D. Coverage B Valuation - Replacement Cost: When "portable equipment" is replaced and the undamaged associated mobile or stationary chargers for such "portable equipment" are incompatible with the replacement "portable equipment", we will pay to replace the mobile or stationary chargers with chargers that are compatible with the replacement "portable equipment". 2. Member Theft of Portable Equipment The following extension is added: Member Theft of "Portable Equipment" a. At your request, we will pay up to $5,000 in the event that: (1) Your "portable equipment" that was assigned to a volunteer or "employee" who is no longer affiliated with or employed by you, has been taken by the volunteer or "employee"; (2) You are unable to repossess such "portable equipment"; and (3) You now consider such "portable equipment" to be stolen. b. This payment is subject to the following conditions in addition to the policy provisions: (1) You must provide the identity and last known contact information of the volunteer or "employee" suspected of the theft of the "portable equipment". (2) You must provide us with reasonable documentation of your effort to re-claim the "portable equipment". (3) You have notified the police that a law may have been broken. (4) The volunteer or "employee" must have been affiliated with you or employed by you during the policy period. c. The most we will pay in any one policy period, regardless of the number of volunteers or "employees" who do not return the "portable equipment" assigned to them is $10,000. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PE1012 (06/17) Copyright 2016 American Alternative Insurance Corporation. Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 UNMANNED AIRCRAFT EXTENSION This endorsement modifies insurance provided under the following: PORTABLE EQUIPMENT COVERAGE FORM A. The following extension is added to Section II. Extensions of Portable Equipment Coverage: “Unmanned Aircraft” a. We will pay for direct physical loss or damage to “unmanned aircraft” owned by you or furnished to you for your regular use, resulting from a “covered cause of loss”. b. Coverage is not provided: (1) While “unmanned aircraft” is rented, leased, or loaned to others without an operator who is your “employee” or volunteer; or (2) While being used in any professional or organized racing or demolition contest or stunting activity, or while practicing or preparing for such contest or activity; or (3) While not used in the insured’s operations. c. Subject to the limit shown in d., below, we will pay the “replacement cost” of the lost or damaged “unmanned aircraft” in excess of the deductible, but not more than the lesser of: (1) The amount which you actually spend to repair or replace the lost or damaged “unmanned aircraft” with “unmanned aircraft” of comparable kind and quality; or (2) The “replacement cost” of the lost or damaged “unmanned aircraft”. d. The most we will pay under this extension in any one occurrence is $25,000. e. A $500 deductible applies to this extension. B. The following changes are made to Section VI. Portable Equipment Coverage Definitions: 1. The definition of "aircraft" is replaced with the following: “Aircraft” means aircraft, other than "unmanned aircraft", except those that are: (1) on the ground for display or instructional purposes; (2) not self-propelled; and (3) not certified for flight. However, this does not include detached aircraft engines, parts, accessories and equip ment. 2. The following definition is added: “Unmanned aircraft” means an aircraft weighing 15 pounds or less, that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. “Unmanned aircraft” includes equipment used with such “unmanned aircraft”, provided such equipment is attached to or essential for its operation. Payload (camera) is included only when in connection to, stored with, or in use with the drone. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 PE1012 (06/17) Copyright 2016 American Alternative Insurance Corporation. Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 3. Item (3) under the definition of “personal effects” is replaced by the following: (3) "aircraft" or "unmanned aircraft". 4. Item (9) under the definition of "portable equipment" is replaced by the following: (9) "aircraft" or "unmanned aircraft", except as provided for in the "Unmanned Aircraft" extension. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: AUTO COVERAGE PART DECLARATIONS ITEM ONE: Named Insured - Refer to the Common or Au to Policy Declarations ITEM TWO: Coverage and Covered Autos This coverage part provides only those coverages activated by a Covered Auto Symbol or a Premium shown below: Coverage Covered Auto Symbols Limit of Insurance (this is the most we will pay for any one accident or loss) Premium Covered Autos Liability (combined single limit) each accident Personal Injury Protection (PIP) (or equivalent no-fault coverage) Refer to ITEM THREE and each PIP or added PIP endorsement Added Personal Injury Protection (or equivalent added no-fault coverage) Separately stated in each added PIP endorsement Property Protection Insurance (Michigan Only) Separately stated in the P.P.I. endorsement minus Ded. for each accident Auto Medical Payments Each Insured Medical Expense and Income Loss Benefits (Virginia only) Separately stated in each Medical Expense and Income Loss Benefits endorsement Uninsured Motorists (UM) Refer to ITEM THREE and the Uninsured Motorists endorsement Underinsured Motorists (UIM) (when not included in UM coverage) Refer to ITEM THREE and the Underinsured Motorists endorsement Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Refer to ITEM THREE and ITEM FOUR (if applicable) Physical Damage ---- Collision Physical Damage ---- Towing and Labor Refer to ITEM THREE Other Auto Coverages Estimated Coverage Part Premium: Taxes, Fees and Surcharges: Total Premium: 1 $1,000,000 $ 484 N/A N/A N/A 2 $ 80 2 INCL 7,8 $ 241 N/A 7,8 $ 313 N/A $ 1,118.00 $ 1,118.00 N/A N/A VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 1 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: ITEM THREE: Schedule of Your Auto Coverage Auto Schedule Summary Veh. Num. Year Make Model PE Code V.I.N. Value VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 2 2004 $ 25,000HAZ MAT TRAILER 16HGB20224U035361 HAULMARK HM 1 2004 $ 25,000HAZ MAT TRAILER 16HGB20264U038117 HAULMARK HM 2 1991 $ 2,000HAZ MAT TRAILER 140DPBB27MA117506 S & H HM 3 2003 $ 4,000HAZ MAT TRAILER 4P2WB20283U039307 PACE HM 4 2005 $ 10,000FIRST RESPONDER 1FDXW47P75EC98558 FORD FR 5 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: Vehicle # Insured’s #: Insured Entity: Year: Use: Make: Class Code: Model: State: V.I.N.: Territory: Valuation: Coverages: Limit of Insurance Deductible Premium Covered Autos Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Physical Damage ---- Collision Physical Damage ---- Towing and Labor Other Auto Coverages Total: Vehicle # Insured’s #: Insured Entity: Year: Use: Make: Class Code: Model: State: V.I.N.: Territory: Valuation: Coverages: Limit of Insurance Deductible Premium Covered Autos Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Physical Damage ---- Collision Physical Damage ---- Towing and Labor Other Auto Coverages Total: VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 3 2004 105 CO $ 1,000 $ 1,000 $ 12 INCL INCL $ 59 $ 93 HAZ MAT TRAILER 16HGB20224U035361 $ 1,000,000 $ 164 $ 1,000,000 HAULMARK Agreed Value 681990 $ 25,000 $ 25,000 1 $ 1,000,000 2004 105 CO $ 1,000 $ 1,000 $ 12 INCL INCL $ 59 $ 93 HAZ MAT TRAILER 16HGB20264U038117 $ 1,000,000 $ 164 $ 1,000,000 HAULMARK Agreed Value 681990 $ 25,000 $ 25,000 2 $ 1,000,000 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: Vehicle # Insured’s #: Insured Entity: Year: Use: Make: Class Code: Model: State: V.I.N.: Territory: Valuation: Coverages: Limit of Insurance Deductible Premium Covered Autos Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Physical Damage ---- Collision Physical Damage ---- Towing and Labor Other Auto Coverages Total: Vehicle # Insured’s #: Insured Entity: Year: Use: Make: Class Code: Model: State: V.I.N.: Territory: Valuation: Coverages: Limit of Insurance Deductible Premium Covered Autos Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Physical Damage ---- Collision Physical Damage ---- Towing and Labor Other Auto Coverages Total: VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 4 1991 105 CO $ 1,000 $ 1,000 $ 12 INCL INCL $ 24 $ 24 HAZ MAT TRAILER 140DPBB27MA117506 $ 1,000,000 $ 60 $ 1,000,000 S & H Agreed Value 681990 $ 2,000 $ 2,000 3 $ 1,000,000 2003 105 CO $ 1,000 $ 1,000 $ 12 INCL INCL $ 24 $ 24 HAZ MAT TRAILER 4P2WB20283U039307 $ 1,000,000 $ 60 $ 1,000,000 PACE Agreed Value 681990 $ 4,000 $ 4,000 4 $ 1,000,000 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: Vehicle # Insured’s #: Insured Entity: Year: Use: Make: Class Code: Model: State: V.I.N.: Territory: Valuation: Coverages: Limit of Insurance Deductible Premium Covered Autos Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Physical Damage ---- Collision Physical Damage ---- Towing and Labor Other Auto Coverages Total: Vehicle # Insured’s #: Insured Entity: Year: Use: Make: Class Code: Model: State: V.I.N.: Territory: Valuation: Coverages: Limit of Insurance Deductible Premium Covered Autos Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage ---- Comprehensive Physical Damage ---- Specified Causes of Loss Physical Damage ---- Collision Physical Damage ---- Towing and Labor Other Auto Coverages Total: VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 5 2005 105 CO $ 1,000 $ 1,000 $ 108 $ 80 INCL $ 50 $ 54 FIRST RESPONDER 1FDXW47P75EC98558 $ 1,000,000 $ 292 $ 1,000,000 FORD Agreed Value 790900 $ 10,000 $ 10,000 5 $ 1,000,000 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: ITEM FOUR: Hired, Borrowed, and Commandeered Coverag e (if applicable) Covered Autos Liability Coverage Rating Basis, Cost of Hire State Estimated Cost of Hire for Each State Rate Per Each $100 Cost of Hire Factor (If Liability Coverage is Primary) Premium TOTAL HIRED AUTO PREMIUM: Covered Autos Liability Coverage Rating Basis, Number of Days- (For Mobile or Farm Equipment ---- Rental Period Basis) State Estimated Number of Days Equipment Will Be Rented Base Premium Factor Premium TOTAL HIRED AUTO PREMIUM: State: Physical Damage Coverage Valuation and Deductible Estimated Cost of Hire Premium Comprehensive Actual cash value or the cost of repair, whichever is less, minus a deductible for each covered auto Collision Actual cash value or the cost of repair, whichever is less, minus a deductible for each covered auto Such insurance as is afforded by hired auto physical damage coverage also applies to autos you Commandeer. VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 6 CO IF ANY $ 1.113 $ 105 $ 105 $ 50 IF ANY $ 25 $ 100 IF ANY $ 25 CO DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To AU1000 (08-15) Page: ITEM FIVE: Non-Ownership Liability Named Insured’s Business Rating Basis Number Premium Number of volunteers/employees Extended coverage Auto Forms See Schedule of Forms and Endorsements VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 EMERGENCY SERVICE ORGANIZATION 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 7 5 $ 223 INCL DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1001 (04-14) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PHYSICAL DAMAGE EXTENSION ENDORSEMENT BUSINESS AUTO COVERAGE FORM The following revisions are made to Section III - Physical Damage Coverage: TOWING Coverage A.2., Towing, is replaced by the following: For any “auto” listed in Item Three of the Auto Coverage Part Declarations for which a premium charge has been made for Comprehensive Coverage: a. We will pay reasonable labor costs incurred to make necessary repairs to the "auto" so it can be driven from the scene of disablement. This labor must be performed at a scene of disablement other than your normal garaging location for such "auto"; or b. We will pay for all reasonable towing costs incurred for towing the disabled "auto" from the scene of disablement to an appropriate repair facility. This includes the costs to tow the disabled "auto" to multiple facilities as necessary, prior to delivery to the final repair facility. The most we will pay for each "auto" under this extension is $2,500. GLASS BREAKAGE Coverage A.3., Glass Breakage – Hitting a Bird or Animal – Falling Objects or Missiles, replaced by the following: If you carry Comprehensive Coverage for the damaged covered “auto”, we will pay for the following under Comprehensive Coverage: a. Full window glass breakage, without deductible; b. “Loss” caused by hitting a bird or animal; and c. “Loss” caused by falling objects or missiles. DEDUCTIBLE WAIVER The following is added to paragraph D. Deductible: If a "loss" covered under this policy also involves a "loss" under an Emergency Service Organization Portable Equipment, Inland Marine or Property coverage part issued by us, only one deductible, the largest, will be applied. The deductible under the other coverage parts will be waived. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1002 (01-09) Copyright 2009 American Alternative Insurance Corpo ration. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AGREED VALUE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM For covered "autos" designated in the schedule as being insured on an agreed value basis, the following provisions of SECTION III - PHYSICAL DAMAGE COVERAGE, are changed: A. COVERAGE The first sentence is deleted and replaced with the following: 1. We will pay for "loss" to a covered "auto" or its "permanently attached equipment" under: C. LIMIT OF INSURANCE The most we will pay for "loss" to any one covered "auto" in any one accident is the least of: 1. the cost of repairing the damaged property; or 2. the cost to replace a part or parts of the damaged property as of the time of the "loss" with a part or parts of like kind and quality, without deduction for depreciation; or 3. the cost to replace the entire covered "auto" and its "permanently attached equipment" as of the time of the "loss" with a comparable new "auto" and "permanently attached equipment" manufactured to current specifications or standards set by nationally recognized organizations such as NFPA or the U.S. Department of Transportation; or 4. the limit stated in the Declarations as applicable to the damaged or stolen property. In addition to the costs of repairs or replacements as referenced in paragraphs C.1., or C.2., above, we will pay up to an additional 25% of the "loss" for the actual costs you incur to render the lost or damaged parts of the covered "auto" in compliance with the latest safety or equipment standards mandated by governmental agencies or other nationally recognized standards setting organizations. If, as a result of a covered cause of "loss", an agency or organization requires recertification of the replaced, lost or damaged par ts, we shall also pay those costs. In the event the estimated costs to repair a damaged covered "auto" exceed 75% of the limit shown in the schedule of vehicles as the agreed value, and you choose not to accept payment under paragraphs C.1. or C.2. above, we will pay the lesser of the amounts due you under paragraphs C.3. or C.4. above. Should we make settlement under C.3. or C.4., we shall have the rights to all recovery and salvage. All other provisions of SECTION III - PHYSICAL DAMAGE COVERAGE - are unchanged. Additional definitions applicable to this endorsement: DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1002 (01-09) Copyright 2009 American Alternative Insurance Corpo ration. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 "Auto" shall include its equipment other than portable firefighting and rescue related equipment. "Permanently attached equipment" means equipment that is welded, bolted or permanently screwed to the dashboard, firewall or body of the "auto." Equipment inserted on permanently installed slide brackets with or without the use of setscrews or tension, or portable firefighting and rescue related equipment, shall not be construed as "permanently attached equipment." The following is added to item B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS of Section I ---- COVERED AUTOS: 3. If symbols 2, 7 or 8 are entered next to a coverage in Item Two of the Declarations, for owned "autos" or "autos" you lease for a period of six months or more, acquired after the policy begins and not described in the Declarations, we will pay under the Comprehensive or Collision coverages the least of the following: a. the cost of repairing the damaged property; or b. the cost to replace a part or parts of the damaged property as of the time of the "loss" with a part or parts of like kind and quality, without deduction for depreciation; or c. the actual cash value of the newly acquired "auto" or your actual cost of purchase of the newly acquired "auto," whichever is more; provided that the newly acquired "auto" is an emergency vehicle and you agree to notify us as soon as possible. This coverage will cease at the end of the policy period during which the "auto" was acquired. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1003 (04-14) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTO LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. The following revisions are made to Section II - Covered Autos Liability Coverage and Section IV - Business Auto Conditions: VOLUNTEERS, EMPLOYEES, AND ELECTED OR APPOINTED OFFICIALS AS INSUREDS - NON-OWNED AUTO LIABILITY COVERAGE a. Coverage A.1., Who Is An Insured, under Section II - Covered Autos Liability Coverage is modified by the addition of paragraphs d., e. and f., as follows: d. Any volunteer or “employee” of yours while using a covered “auto” you don't own, hire or borrow, while performing duties related to the conduct of your business. Anyone else who furnished that “auto” is also an “insured”. e. Your elected or appointed officials while using a covered “auto” you don't own, hire or borrow, while performing duties related to the conduct of your business. Anyone else who furnished that “auto” is also an “insured”. f. Your commissions, authorities, boards or agencies, their commissioners, officers and members while using a covered “auto” you don't own, hire or borrow, but only while acting within the authority granted by you and only while performing duties related to the conduct of your business. Anyone else who furnished that “auto” is also an “insured”. OWNER OF TEMPORARY SUBSTITUTE AUTO AS AN INSURED - PRIMARY BASIS b. Coverage A.1., Who Is An Insured, under Section II - Covered Autos Liability Coverage is modified by the addition of paragraph g., as follows: g. The owner or anyone else from whom you rent, lease or borrow a substitute “auto” is an “insured” but only for that covered “auto”. The substitute must be for a similar scheduled “auto” which is out of normal use because of its breakdown, repair, servicing , loss or destruction. c. The following paragraph is added to B.5., Other Insurance of Section IV - Business Auto Conditions: e. Notwithstanding condition 5.a. and 5.d. above, a substitute “auto” as described under paragraph g. of Section II - Covered Autos Liability Coverage, Coverage A.1., Who Is An Insured, is deemed a covered “auto” you own. This coverage form provides primary insurance with no consideration of or contribution from other insurance for such “auto”. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1003 (04-14) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 3 OWNER OF COMMANDEERED AUTO AS AN INSURED - PRIMARY BASIS d. Coverage A.1., Who Is An Insured, under Section II - Covered Autos Liability Coverage is modified by the addition of paragraph h., as follows: h. The owner of a “commandeered auto” is an “insured” while the “auto” is in your temporary care, custody or control and is being used as part of an “emergency situation”. e. The following paragraph is added to B.5., Other Insurance of Section IV - Business Auto Conditions: f. Notwithstanding condition 5.a. and 5.d. above, a “commandeered auto” is deemed a covered “auto” you own. This coverage form provides primary insurance with no consideration of or contribution from other insurance for such “auto”. 2. The following revisions are made to Section II - Covered Autos Liability Coverage: ADDITIONAL INSURED - AUTOMATIC STATUS a. Coverage A.1., Who Is An Insured, is modified by the addition of paragraph i., as follows: i. Any person or organization for whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional “insured” on your policy, but only to the extent that person or organization qualifies as an “insured” under Coverage A.1., Who Is An Insured. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional “insured” whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be primary in which case any other insurance available to the additional “insured” shall be considered excess and non-contributing. ADDITIONAL EXPENSES YOU INCUR AT OUR REQUEST b. Coverage A.2.a.(4), Coverage Extensions, Supplementary Payments, is replaced by the following: (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $300 a day because of time off from work. EXPECTED OR INTENDED INJURY c. Exclusion B.1., Expected Or Intended Injury, is replaced by the following: “Bodily injury” or “property damage” expected or intended from the standpoint of the “insured”. This exclusion does not apply to expected or intended “bodily injury” or “property damage” resulting from actions taken to protect persons or property and arising out of the use of a covered “auto”. BODILY INJURY TO VOLUNTEER EMERGENCY SERVICE PROVIDERS d. Exclusion B.4., Employee Indemnification And Employer's Liability, is amended by the addition of paragraphs c. and d., as follows: c. Any volunteer, if you provide or are required to provide any benefits for such volunteer under any Workers' Compensation or disability benefits law or under any similar law. d. The spouse, child, parent, brother or sister of that volunteer as a consequence of paragraph c. above. BODILY INJURY TO FELLOW VOLUNTEERS OR EMPLOYEES e. Exclusion B.5., Fellow Employee, is deleted. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1003 (04-14) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 3 3. The following revision is made to Section IV - Business Auto Conditions: KNOWLEDGE OF ACCIDENT The following paragraph is added to Paragraph A.2. Duties In The Event Of Accident, Claim, Suit Or Loss: d. The failure of any agent, volunteer or “employee” of the “insured”, other than an “employee” authorized by you to give or receive notice of an “accident”, claim, “suit” or “loss”, to notify us of any “accident” of which he or she has knowledge, shall not invalidate insurance afforded by this policy. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1005(10/97) Copyright, American Alternative Insurance Corporati on, 1997 Page 1 of 1 All Other Terms and Conditions Remain Unchanged. WAIVER OF GOVERNMENTAL OR CHARITABLE IMMUNITY ENDORSEMENT ---- PROPERTY DAMAGE Named Insured Endorsement Number Policy Number Endorsement Effective Countersigned by (Authorized Representative) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM We will waive, both in the adjustment of claims and in the defense of any "property damage" suit against the "insured", any charitable or governmental immunity of the "insured", unless the "insured" requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgmen t in excess of the applicable limit of insurance. VFIS-TR-2064054-09/000 07-10-18 REGIONAL HAZARDOUS MATERIALS DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1006(01/96) Copyright, American Alternative Insurance Corporati on, 1995 Page 1 of 1 All Other Terms and Conditions Remain Unchanged. CARE, CUSTODY OR CONTROL EXCLUSION ENDORSEMENT Named Insured Endorsement Number Policy Number Endorsement Effective Countersigned by (Authorized Representative) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM LIABILITY COVERAGE is changed as follows: B. Exclusion 6., CARE CUSTODY OR CONTROL, is deleted and replaced by: 6. CARE, CUSTODY OR CONTROL This insurance does not apply to "property damage" to or "covered pollution cost or expense" involving property owned, transported by, or in the care, custody or control of the Named Insured. The exclusion does not apply to "property damage" to a building and its contents or garage and its contents rented to, used by, or in the care, custody or control of the Named Insured. This exclusion also does not apply to property owned by an "insured" other than the Named Insured or to property transported by or in the care, custody or control of an "insured." The amount payable for "property damage" to a building and its contents or garage and its contents, rented to, used by, or in the care, custody or control of the Named Insured will be subject to a $250 deductible. This exclusion does not apply to liability assumed under a sidetrack agreement. The provisions of this endorsement are subject to item B.5., OTHER INSURANCE, included as a part of BUSINESS AUTO CONDITIONS. _________________________________ Authorized Agent VFIS-TR-2064054-09/000 07-10-18 REGIONAL HAZARDOUS MATERIALS DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1007(10/97) Copyright, American Alternative Insurance Corporati on, 1997 Page 1 of 1 All Other Terms and Conditions Remain Unchanged. COMMANDEERED AUTO DEFINITION ENDORSEMENT Named Insured Endorsement Number Policy Number Endorsement Effective Countersigned by (Authorized Representative) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION V - DEFINITIONS The following definition is added: "Commandeered auto" means an "auto" belonging to someone else that you seize, confiscate or take arbitrarily by force, into your temporary care, cus tody or control while using it as part of an "emergency situation." "Commandeered auto" does not include an "auto" owned by or available to an employee or volunteer of your organization from whom you have tacit approval to use the "auto". "Emergency Situation" means an unexpected situation demanding immediate official action. VFIS-TR-2064054-09/000 07-10-18 REGIONAL HAZARDOUS MATERIALS DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1009 (03/00) Copyright, American Alternative Insurance Corporati on, 2000 Page 1 of 1 All Other Terms and Conditions Remain Unchanged. INCIDENTAL GARAGE OPERATIONS Named Insured Endorsement Number Policy Number Endorsement Effective Countersigned by (Authorized Representative) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE LIABILITY The following paragraph is hereby inserted following the first paragraph of item A. COVERAGE of SECTION II ---- LIABILITY COVERAGE: Any "auto" you do not own, lease, hire, rent or borrow that is used in connection with your "garage operations" is considered a covered "auto". This includes "autos" used by your volunteers or employees , or members of their households, while used in your "garage operations". With respect only to the coverage provided by the above paragraph: item 10. COMPLETED OPERATIONS of B. EXCLUSIONS is deleted; and item b.(3) of 1. WHO IS AN INSURED of A. COVERAGE is deleted. GARAGEKEEPERS INSURANCE The following Coverage Extension is hereby added under item A. COVERAGE of SECTION III ---- PHYSICAL DAMAGE COVERAGE: We will pay for "loss" to any "autos" while left with your "garage operations". Coverage under this extension is provided only to the extent indicated below. COVERAGE DEDUCTIBLE LIMIT PER "LOSS" Comprehensive (primary basis) $250 $50,000 Collision (primary basis) $500 $50,000 For the purpose of this endorsement, "garage operations" means your use of one or more locations for the service, repair, parking or storage of "autos" other than your own, including all operations necessary or incidental thereto. Parking or storage of "autos" is a "garage operation" only when the "autos" are parked by you and are in your care, custody or control. VFIS-TR-2064054-09/000 07-10-18 REGIONAL HAZARDOUS MATERIALS DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1017 (10-13) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PHYSICAL DAMAGE EXTENSION ENDORSEMENT - PUBLIC ENTITY AND EMERGENCY SERVICE ORGANIZATIONS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. The following coverages are added to Section III - Physical Damage Coverage, Paragraph A. Coverage: PHYSICAL DAMAGE TO VOLUNTEERS' OR EMPLOYEES PERSONAL AUTOS 5. Physical Damage to Personal Autos a. At your request, we will pay up to the actual cash value for an “auto” not covered for physical damage, or the amount of the deductible under any policy covering an “auto” owned or used by a volunteer or “employee” of your insured law enforcement, firefighting, ambulance and/or rescue organization for "loss" that occurs: (1) While enroute to, during and returning directly from an emergency; or (2) While enroute to, during and returning from activities that are performed at the direction and knowledge of an officer of the insured law enforcement, firefighting, ambulance and/or rescue organization. b. At your request, we will pay the lesser of $1,000, or the amount of the deductible under any policy covering an “auto” owned or used by your elected or appointed official, officer, volunteer or “employee” of your organization, other than your insured law e nforcement, firefighting, ambulance and/or rescue organization, for "loss" that occurs while enroute to, during and returning from activities that are performed at the direction and knowledge of your elected or appointed official or officer. c. At your request, we will pay the rental reimbursement expenses incurred by your volunteer or "employee" for the rental of an "auto" because of "loss" sustained under Paragraph a.(1) to their owned "auto". The most we will pay is $30 per day for a maximum of 30 days. d. Proof of statutory limits of financial responsibility as of the date of "loss" for an "auto" that is covered under this extension must be provided before payment is made for "loss" under this extension. e. In no event will we pay for any “loss” under this coverage to any “auto” owned, hired or borrowed by your organization. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1017 (10-13) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 4 RENTAL REIMBURSEMENT COVERAGE FOR FIREFIGHTING/RESCUE VEHICLES 6. Rental Reimbursement Coverage for Firefighting/Rescue Vehicles (1) This extension only applies to covered "autos" listed in Item Three of the Auto Coverage Part Declarations that are used for firefighting/rescue purposes, which are designated with a 7909 class code in the Declarations. The coverage provided under this ex tension does not apply to any other covered "autos" on the schedule. (2) We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applica ble amount of each coverage you have on a covered "auto". No deductible applies to this coverage. (3) We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. (b) 40 days. (4) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred. (b) $250 for any one day. (5) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. TEMPORARY SUBSTITUTE FIREFIGHTING OR RESCUE AUTO 7. Temporary Substitute Firefighting or Rescue Autos a. We will provide coverage for temporary substitute firefighting and rescue "autos" you do not own. The temporary substitute "auto" must replace a covered “auto” for which a premium charge has been made for Comprehensive and/or Collision coverage. The replaced "auto" must be out of service for a period of less than six months because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction. b. For temporary substitute firefighting and rescue "autos" you do not own described in paragraph a. above, Paragraph C. Limit Of Insurance is replaced by the following: C. Limit Of Insurance 1. If the owner has physical damage coverage on the temporary substitute "auto", the most we will pay for “loss” in any one “accident” is the lesser of: a. The amount that would have been paid by the owner’s insurance policy insuring the temporary substitute firefighting or rescue "autos"; or b. $1,000,000. 2. If the owner does not have physical damage coverage on the temporary substitute "auto", the most we will pay for “loss” in any one “accident” is the least of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000,000. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1017 (10-13) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 4 c. The deductible assigned to the temporary substitute "auto" will be the same as the firefighting or rescue covered "auto" that is being replaced. d. For the purpose of this coverage, Paragraph d. of B.5., Other Insurance, is deleted. The temporary substitute "auto" is deemed to be a covered "auto" you own and with no consideration of or contribution from other valid and collectible insurance for the "auto". FORESTRY VEHICLES AND FORESTRY EQUIPMENT 8. Any “auto” that is a “forestry vehicle” and is not scheduled for physical damage is a covered “auto”. Any equipment that is “forestry equipment” and is installed on a covered “auto” is covered equipment. For the purpose of this extension, “forestry vehicle” means an “auto” you don’t own, used for firefighting purposes, that is on loan to you from a state agency under the Federal Excess Personal Property program or any similar program. “Forestry equipment” means any firefighting equipment you don’t own that is on loan to you from a state agency under the Federal Excess Personal Property program or any similar program and is installed on an “auto” you own or on a “forestry vehicle”. The following replaces paragraph C. Limit of Insurance: The most we will pay for "loss" to a “forestry vehicle” or “forestry equipment” in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". No payment will be made under this extension unless the damaged or stolen property is actually repaired or replaced. Repairs to or replacement of the damaged or stolen property with the same kind of property must be done within a year of the date of “loss”. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. For any Comprehensive “losses” covered by this extension, we will use the smallest Comprehensive deductible applying to any of your scheduled “autos”. For any Collision “losses” covered by this extension, we will use the smallest Collision deductible applying to any of your scheduled “autos”. We shall have no salvage rights to any “forestry vehicle” or “forestry equipment”. 2. The following revisions are made to Section III - Physical Damage Coverage: AIRBAG COVERAGE a. The exclusion for “loss” caused by mechanical breakdown in sub-paragraph 3.a. of B. Exclusions does not apply to the accidental discharge of an airbag. FREEZING COVERAGE ON EMERGENCY VEHICLES b. The exclusion for "loss" caused by freezing in sub-paragraph 3.a. of B. Exclusions does not apply to permanently attached special equipment common to a firefighting or rescue vehicle caused by freezing, unless the "loss" is caused by your failure to properly maintain such equipment. Such equipment shall include but is not limited to pumps, gauges and tanks. In no event will the "loss" to a vehicle's engine caused by freezing be covered by this policy. CUSTOMIZED VEHICLE EXTENSION c. For scheduled customized covered "autos" not covered on an agreed value basis that are owned by your law enforcement, firefighting, ambulance and/or rescue organization, the following is added to paragraph C. Limit Of Insurance: DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 AU1017 (10-13) Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 4 of 4 5. We will pay the additional repair or replacement costs necessary to customize the damaged "auto" with permanently installed equipment of like kind and quality, witho ut deduction for depreciation. We will also include the cost of installation onto a replacement "auto" if the covered "auto" is not repairable. Permanently installed means equipment that is permanently installed in the covered "auto" at the time of the "loss" or equipment that is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". This customization will include, but is not limited to, the following: a. custom painting and gold leaf lettering, b. light bars and sirens, c. permanently installed communications equipment, Global Positioning Systems (GPS), traffic signal control systems, electronic license plate readers, and radar equipment, and d. computer or electronic equipment that receives or transmits audio, visual or data signals. In addition, we will pay for property owned by you that is permanently installed in an "auto" not owned by you. DEDUCTIBLE WAIVER d. The following is added to paragraph D. Deductible: Regardless of the number of covered “autos” suffering a physical damage “loss” while engaged in a single law enforcement, firefighting, ambulance and/or rescue emergency, only one deductible, the largest, shall apply to the entire event. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL AUTO CA 00 01 10 13 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Passenger "Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned "Autos" Other Than Private Passenger "Autos" Only Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 Owned "Autos" Subject To No-fault Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Subject To A Compulsory Uninsured Motorists Law Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically Described "Autos" Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II – COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However , we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, 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 c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of hav ing glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or 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. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed-measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed-measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 4. Loss Payment – Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V – DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of , "pollutants"; or 2. Any 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". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. 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 to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well-servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well-servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL AUTO CA 01 13 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 01 13 10 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COLORADO CHANGES For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, Colorado, t his endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions A. The last paragraph in the Other Insurance Condition in the Auto Dealers and Business Auto Coverage Forms and the last paragraph in the Other Insurance – Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, the loss will be paid in accordance with the following method: 1. All applicable policies will pay on an equal basis until the policy with the lowest limit of insurance is exhausted. 2. If any loss remains and there: a. Are two or more remaining policies whose applicable limits of insurance have not been exhausted, then such policies will continue to pay in accordance with Paragraph 1.; or b. Is one remaining policy, then such policy will continue to pay until its limit of insurance has been exhausted. B. The following condition is added: If the "insured's" whereabouts for service of process cannot be determined through reasonable effort, the "insured" agrees to designate and irrevocably appoint us as the agent of the "insured" for service of process, pleadings or other filings in a civil action brought against the "insured" or to which the "insured" has been joined as a defendant or respondent in any Colorado court if the cause of action concerns an incident for which the "insured" can possibly claim coverage. Subsequent termination of the insurance policy does not affect the appointment for an incident that occurred when the policy was in effect. The "insured" agrees that any such civil action may be commenced against the "insured" by the service of process upon us as if personal service had been made directly on the "insured". We agree to forward all communications related to service of process to the last-known e-mail and mailing address of the policyholder in order to coordinate any payment of claims or defense of claims that are required. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 POLICY NUMBER: VFIS-TR-2064054-09/000 COMMERCIAL AUTO CA 21 50 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 21 50 07 17 © Insurance Services Office, Inc., 2017 Page 1 of 5 COLORADO UNINSURED MOTORISTS COVERAGE – BODILY INJURY For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, Colorado, this endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. SCHEDULE Limit Of Insurance: $1,000,000 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. With respect to damages resulting from an "accident" with a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", we will pay under this coverage only if a. or b. below applies: a. The limits of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements; or b. A tentative settlement has been made between an "insured" and the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", and we: (1) Have been given prompt written notice of such tentative settlement; and (2) Advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification. B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "insureds": a. The Named Insured and any "family members". DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 2 of 5 © Insurance Services Office, Inc., 2017 CA 21 50 07 17 b. Anyone else while "occupying" or using a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds": a. Anyone "occupying" or using a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. Exclusions This insurance does not apply to any of the following: 1. Any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle" in accordance with the procedure described in Paragraph A.2.b. 2. The direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law. 3. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4. Punitive or exemplary damages. 5. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. 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 c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one "accident" is the least of the following: a. The Limit Of Insurance for Uninsured Motorists Coverage shown in the Declarations; or b. The amount of damages sustained but not recovered. 2. No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Liability Coverage form attached to this Coverage Part. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. E. Changes In Conditions The Conditions are changed for Colorado Uninsured Motorists Coverage – Bodily Injury as follows: 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form are revised as follows: a. The last paragraph is replaced by the following: When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, the loss will be paid in accordance with the following method: (1) All applicable policies will pay on an equal basis until the Policy with the lowest limit of insurance is exhausted. (2) If any "loss" remains and there: (a) Are two or more remaining policies whose applicable limits of insurance have not been exhausted, then such policies will continue to pay in accordance with Paragraph (1); or (b) Is one remaining policy, then such policy will continue to pay until its limits of insurance have been exhausted. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 21 50 07 17 © Insurance Services Office, Inc., 2017 Page 3 of 5 b. The following provisions are added: (1) The reference to other collectible insurance applies only to other collectible uninsured motorists insurance. (2) If there is other applicable insurance available under one or more policies or provisions of coverage, any insurance we provide with respect to a vehicle owned by the Named Insured or, if the Named Insured is an individual, any "family member" that is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. 2. Duties In The Event Of Accident, Claim, Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; and b. Promptly send us copies of the legal papers if a "suit" is brought. c. A person seeking coverage from an insurer, owner or operator of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle" must also promptly notify us in writing of a tentative settlement between the "insured" and the insurer and allow us to advance payment to that "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer, owner or operator of such vehicle. d. The following replaces the lead-in paragraph in the Duties In The Event Of Accident, Claim, Suit Or Loss Condition in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form with respect to an owner or operator of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle": We have no duty to provide coverage under this Policy if the failure to comply with the following duties is prejudicial to us: 3. The Legal Action Against Us Provision is replaced by the following: Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. In accordance with COLO. REV. STAT. § 13-80-107.5, an "action" or arbitration of an uninsured motorist insurance claim or an underinsured motorist insurance claim shall be commenced or demanded by "arbitration demand" within three years after the cause of action accrues, except: (1) If the underlying "bodily injury" liability claim against the uninsured motorist is preserved by commencing an "action" against the uninsured motorist within the two-year time limit specified in COLO. REV. STAT. § 13-80-102(1)(d) for a wrongful death action or the three-year time limit specified in COLO. REV. STAT. § 13-80-101(1)(n) for all other tort actions to which this insurance applies, then an "action" or arbitration of an uninsured motorist claim shall be timely if such "action" is commenced or such arbitration is demanded within two years after the "insured" knows that the particular tortfeasor is not covered by any applicable insurance; or DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Page 4 of 5 © Insurance Services Office, Inc., 2017 CA 21 50 07 17 (2) If the underlying "bodily injury" liability claim against the underinsured motorist is preserved by commencing an "action" against the underinsured motorist or by payment of either the liability claim settlement or judgment within the two- year time limit specified in COLO. REV. STAT. § 13-80-102(1)(d) for a wrongful death action or the three-year time limit specified in COLO. REV. STAT. § 13- 80-101(1)(n) for all other tort actions to which this insurance applies, then an "action" or arbitration of an underinsured motorist claim shall be timely if such "action" is commenced or such arbitration is demanded within two years after the "insured" received payment of the settlement or judgment on the underlying "bodily injury" liability claim. c. For purposes of Paragraph 3.b. above, a cause of action accrues after both the existence of the death, injury or damage giving rise to the claim and the cause of the death, injury or damage are known to the "insured" or should have been known by the exercise of reasonable diligence. 4. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: If we make any payment and the "insured" recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. We shall be entitled to recovery only after the "insured" has been fully compensated for damages. However, any recovery made by us shall be reduced by our proportionate share of attorneys' fees and expenses incurred in bringing the claim. Our rights do not apply under this provision with respect to damages caused by an "accident" with a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle" if we: a. Have been given prompt written notice of a tentative settlement between an "insured" and the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle"; and b. Fail to advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification: a. That payment will be separate from any amount the "insured" is entitled to recover under the provisions of Uninsured Motorists Coverage; and b. We also have a right to recover the advanced payment. 5. The Two Or More Coverage Forms Or Policies Issued By Us Condition is changed by adding the following: a. This provision does not apply to Uninsured Motorists Coverage. b. No one will be entitled to receive duplicate payments for the same elements of "loss" under Uninsured Motorists Coverage. 6. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", then the matter may be arbitrated. However, disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to arbitration. If so agreed, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. F. Additional Definitions As used in this endorsement: 1. "Action" means a lawsuit commenced in a court of competent jurisdiction. 2. "Arbitration demand" means a written demand for arbitration delivered to us that reasonably identifies the person making the claim, the identity of the uninsured or underinsured motorists, if known, and the fact that arbitration is being demanded. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 CA 21 50 07 17 © Insurance Services Office, Inc., 2017 Page 5 of 5 3. "Family member" means a person related to an individual Named Insured by blood, marriage or adoption, who is a resident of such Named Insured's household, including a ward or foster child. 4. "Occupying" means in, upon, getting in, on, out or off. 5. "Uninsured motor vehicle" means a land motor vehicle or "trailer": a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged; b. That is an underinsured motor vehicle. An underinsured motor vehicle means a land motor vehicle or "trailer" for which the sum of all liability bonds or policies at the time of an "accident" provides a limit that is less than the amount an "insured" is legally entitled to recover as damages caused by the "accident"; c. For which an insuring or bonding company denies coverage or is or becomes insolvent; d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must hit an "insured", a covered "auto" or a vehicle an "insured" is "occupying"; or e. Whose owner or operator cannot be located after a reasonable attempt for service of process, and either: (1) Service of process on the insurer as authorized by COLO. REV. STAT. § 42- 7-414 is determined by a court to be insufficient or ineffective after reasonable effort has failed; or (2) The report of a law enforcement agency investigating the "accident" fails to disclose the insurer covering the vehicle, and the insurance coverage of such owner or operator when the "accident" occurred is not actually known by the person attempting to serve process. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self-insurer under any applicable motor vehicle law, except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; or b. Designated for use mainly off public roads while not on public roads. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL AUTO CA 20 02 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 02 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE – FIRE, POLICE AND EMERGENCY VEHICLES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Physical Damage Coverage is changed as follows: A. The exclusion relating to audio, visual and data electronic equipment in Paragraphs B.4.c. and B.4.d. does not apply to any equipment that is installed in or upon a covered "auto" which is: 1. Owned by a police or fire department; 2. Equipped as an emergency vehicle and owned by a political body or any of its agencies; or 3. Equipped as an emergency vehicle and owned by a volunteer fire department, volunteer rescue squad or volunteer ambulance corps. B. For covered "autos" described above, the Limits Of Insurance provision in Paragraph C.1.b. does not apply. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL AUTO CA 20 18 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 18 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 PROFESSIONAL SERVICES NOT COVERED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Covered Autos Liability Coverage is changed by adding the following exclusions: This insurance does not apply to: 1. "Bodily injury" resulting from the providing or the failure to provide any medical or other professional services. 2. "Bodily injury" resulting from food or drink furnished with these services. 3. "Bodily injury" or "property damage" resulting from the handling of corpses. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL AUTO CA 99 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 99 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLLUTION LIABILITY – BROADENED COVERAGE FOR COVERED AUTOS – BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any 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". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To VGL100 (11/06) GENERAL LIABILITY COVERAGE PART DECLARATIONS Limits of Insurance Each Occurrence or Medical Incident $ Medical Expense $ Any One Person Personal & Advertising Injury $ General Aggregate $ Products - Completed Operations Aggregate $ Products - Completed Operations are subject to the General Aggregate limit unless indicated otherwise Employers’ Liability Bodily Injury by Accident $ Each Accident Bodily Injury by Disease $ Policy Limit Bodily Injury by Disease $ Each Employee or Volunteer Estimated Coverage Part Premium: Taxes, Fees and Surcharges: Total Premium: General Liability Forms See Schedule of Forms and Endorsements. VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 1,000,000 5,000 1,000,000 2,000,000 2,000,000 $ 350.00 NOT COVERED $ 350.00 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 19 EMERGENCY SERVICE ORGANIZATION GENERAL 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 coverage part the words ‘‘you’’ and ‘‘your’’ refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this coverage part. The words ‘‘we’’, ‘‘us’’ and ‘‘our’’ refer to the company providing this insurance. The word ‘‘insured’’ means any person or organization qualifying as such under SECTION II. WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V. DEFINITIONS. SECTION I. COVERAGES Coverage A. Bodily Injury and Property Damage Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of ‘‘bodily injury’’ or ‘‘property damage’’ to which this insurance applies. We will have the right and duty to defend the insured against any ‘‘suit’’ seeking those damages. However, we will have no duty to defend the insured against any ‘‘suit’’ seeking damages for ‘‘bodily injury’’ or ‘‘property damage’’ 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 III. 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 under COVERAGES A, B or C or medical expenses under COVERAGE D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS ---- COVERAGES A, B AND C. b. This insurance applies to ‘‘bodily injury’’ and ‘‘property damage’’ only if: (1) The ‘‘bodily injury’’ or ‘‘property damage’’ is caused by an ‘‘occurrence’’ that takes place in the ‘‘coverage territory’’; (2) The ‘‘bodily injury’’ or ‘‘property damage’’ occurs during the policy period; and (3) Prior to the policy period, no officer, director, commissioner or trustee, and no volunteer or ‘‘employee’’ authorized by you to give or receive notice of an ‘‘occurrence’’ or claim, knew or had reason to know that the ‘‘bodily injury’’ or ‘‘property damage’’ had occurred, in whole or in part. If any such persons knew or had reason to know, prior to the policy period, that the ‘‘bodily injury’’ or ‘‘property damage’’ occurred in whole or in part, 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 to have occurred prior to 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 in paragraph b.(3) above, includes any continuation, change or resumption of that ‘‘bodily injury’’ or ‘‘property damage’’ after the end of the policy period. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 19 d. ‘‘Bodily injury’’ or ‘‘property damage’’ will be deemed to have been known to have occurred at the earliest time when any insured listed in paragraph b.(3) above: (1) Reports all, or any part, of the ‘‘bodily injury’’ or ‘‘property damage’’ to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the ‘‘bodily injury’’ or ‘‘property damage’’; 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’’ include damages claimed by any person or organization for care, loss of services or death resulting at any time from the ‘‘bodily injury’’. 2. Exclusions Applicable to Coverage A 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 expected or intended ‘‘bodily injury’’ or ‘‘property damage’’ resulting from reasonable actions taken 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: (a) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same ‘‘insured contract’’; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c.Workers’ Compensation and Similar Laws Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law, or any similar law. d.Employer’s Liability ‘‘Bodily injury’’ to: (1) An ‘‘employee’’ of the insured arising out of and in the course of employment by the insured, or performing duties related to the conduct of the insured’s business; or (2) Any volunteer, if you provide or are required to provide any benefits for such volunteer under any workers’ compensation law, disability benefits law, or any similar law; or (3) The spouse, child, parent, brother or sister of that employee or ‘‘volunteer’’ as a consequence of paragraph (1) or (2) 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’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 19 e.Pollution Any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to pollution, however caused. Pollution includes the actual, alleged, or potential presence in or introduction into the environment of any subs tance if such substance has, or is alleged to have, the effect of making the environment impure, harmful or dangerous. Environment includes any air, land, structure (or the air therein), watercourse or other body of water, including underground water. This exclusion does not apply to: (1) ‘‘Emergency operations’’ conducted away from premises owned by or rented to you or any fire department, hazardous materials unit, first aid squad, ambulance squad or rescue squad qualifying as an insured under this coverage part; or (2) ‘‘Training operations’’; or (3) Water runoff from the cleaning of equipment used in ‘‘emergency operations’’; or (4) ‘‘Bodily injury’’ if sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to heat that building; or (5) ‘‘Bodily injury’’ or ‘‘property damage’’ caused by heat, smoke or fumes from a ‘‘hostile fire’’: (a) At or from premises you own, rent or occupy; or (b) At or from any site or ‘‘location’’ in connection with operations described in (1), (2) or (3) above. f.Asbestos Any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to asbestos or asbestos-containing materials, or exposure thereto, or for the costs of abatement, mitigation, removal, elimination or disposal of any of them. This exclusion does not apply to: (1) ‘‘Bodily injury’’ or ‘‘property damage’’ arising from; or (2) The costs of abatement, removal or disposal of: asbestos released as a result of ‘‘emergency operations’’ or ‘‘training operations’’ away from premises which are either owned by, rented to, or occupied by any insured. g.Lead, Electromagnetic Radiation, Nuclear (1) Any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to: (a) The toxic properties of lead, or any material or substance containing lead; or (b) Electromagnetic radiation; or exposure thereto, or for the costs of abatement, mitigation, removal, elimination or disposal of any of them. (2) Any loss, cost or expense arising out of any actual, alleged or threatened injury or damage to any person or property from any radioactive matter or nuclear material. h.Aircraft, Auto or Watercraft ‘‘Bodily injury’’ or ‘‘property damage’’ arising ou t 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 unloading’’. 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 not being used to carry persons or property for a charge; (3) Liability assumed under any ‘‘insured contract’’ for the ownership, maintenance or use of aircraft or watercraft; (4) ‘‘Bodily injury’’ or ‘‘property damage’’ arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of ‘‘mobile equipment’’; or (5) A watercraft you own that is: (a) Powered by a motor or combination of motors of 100 horsepower or less; or (b) Not powered by a motor; or (c) A ‘‘personal watercraft’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 4 of 19 i.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’’, 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. k.Damage To Property ‘‘Property damage’’ to: (1) Property you or any insured owns, rents, or occupies; (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 or any insured; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘‘property damage’’ arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because ‘‘your work’’ was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to ‘‘property damage’’ (other than damage by fire) to premises, including the contents of such premises, rented or loaned to you for a period of 30 or fewer consecutive days. The Each Occurrence or Medical Incident Limit shown in the Declarations will apply to this coverage. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to ‘‘property damage’’ to personal property belonging to anyone receiving service from any insured because of loss by theft, physical damage or disappearance of such property during the period when volunteers or ‘‘employees’’ of the insured arrive on the scene or while they are rendering service to others and ending when they either leave the scene, complete their service, or transfer care of a transported patient to others. This insurance does not apply to that portion of any loss for which the Named Insured has other valid and collectible insurance. The limit of the company’s liability is the Each Occurrence or Medical Incident Limit stated in the Declarations, subject to a $100 deductible each ‘‘occurrence’’. Paragraphs (5) and (6) of this exclusion do not apply to ‘‘property damage’’ resulting from actions taken to protect persons or property. Paragraph (6) of this exclusion does not apply to ‘‘property damage’’ included in the ‘‘products- completed operations hazard’’. l.Personal and Advertising Injury ‘‘Bodily injury’’ arising out of ‘‘personal and advertising injury’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 5 of 19 m.Sexual Abuse ‘‘Bodily injury’’ arising out of the ‘‘sexual abuse’’ of any person. However, this exclusion shall no t apply to the Named Insured if no officer, director, commissioner or trustee of the Named Insured knew or had reason to know of the ‘‘sexual abuse’’. Also, we will defend an insured for covered civil action subject to the other terms of this coverage part until either a judgment or final adjudication establishes such an act, or the insured confirms such act. n.Professional Health Care Services Damages arising or allegedly arising out of providing or failing to provide ‘‘professional health care services’’. o.Employment Practices ‘‘Bodily injury’’ or ‘‘property damage’’ arising out of your ‘‘employment practices’’. p.Product Recall 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. Exclusions c. through p. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. The Each Occurrence or Medical Incident Limit shown in the Declarations will apply to this coverage. Coverage B. Personal and Advertising Injury Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of ‘‘personal and advertising injury’’ to which this insurance applies. We will have the right and duty to defend the insured against any ‘‘suit’’ seeking those damages. However, we will have no duty to defend the insured against any ‘‘suit’’ seeking damages for ‘‘personal and advertising injury’’ to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or ‘‘suit’’ that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III ---- LIMITS OF INSURANCE ; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under COVERAGES A, B or C or medical expenses under COVERAGE D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS ---- COVERAGES A, B AND C. b. This insurance applies to ‘‘personal and advertising injury’’ caused by an offense arising out of your business but only if the offense was committed in the ‘‘coverage territory’’ during the policy period. 2. Exclusions Applicable to Coverage B This insurance does not apply to: DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 6 of 19 a.Knowing Violation of the Rights of Another ‘‘Personal and advertising injury’’ caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict ‘‘personal and advertising injury’’. b.Material Published with Knowledge of Its Falsity ‘‘Personal and advertising injury’’ arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c.Material Published Prior to the Policy Period ‘‘Personal and advertising injury’’ arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d.Criminal Acts ‘‘Personal and advertising injury’’ arising out of a criminal act committed by or at the direction of any insured. e. Contractual Liability ‘‘Personal and advertising injury’’ 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. f. Breach of Contract ‘‘Personal and advertising injury’’ arising out of a breach of contract, except an implied contract to use another’s advertising idea in your ‘‘advertisement’’. g. Quality or Performance of Goods ‘‘Personal and advertising injury’’ arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your ‘‘advertisement’’. h. Wrong Description of Prices ‘‘Personal and advertising injury’’ arising out of the wrong description of the price of goods, products or services stated in your ‘‘advertisement’’. i. Infringement of Copyright, Patent, Trademark or Trade Secret ‘‘Personal and advertising injury’’ arising 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. j. Pollution ‘‘Personal and advertising injury’’ arising out of or in any way related to pollution, however caused. Pollution includes the actual, alleged, or potential presence in or introduction into the environment of any substance if such substance has, or is alleged to have, the effect of making the environment impure, harmful or dangerous. Environment includes any air, land, structure (or the air therein), watercourse or other body of water, including underground water. k. Professional Health Care Services ‘‘Personal and advertising injury’’ arising or allegedly arising out of providing or failing to provide ‘‘professional health care services’’. l. Employment Practices ‘‘Personal and advertising injury’’ arising out of your ‘‘employment practices’’. m. Asbestos DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 7 of 19 Any injury, expense, cost, loss, liability or legal obligation arising out of or in any way related to asbestos or asbestos-containing materials. n. Lead, Electromagnetic Radiation, Nuclear (1) Any injury, expense, cost, loss, liability or legal obligation arising out of or in any way related to: (a) The toxic properties of lead, or any material or substance containing lead; or (b) Electromagnetic radiation; or exposure thereto, or for the costs of abatement, mitigation, removal, elimination or disposal of any of them. (2) Any loss, cost or expense arising out of any actual, alleged or threatened injury to any person or property from any radioactive matter or nuclear material. o.War ‘‘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. p.Sexual Abuse ‘‘Personal and advertising injury’’ arising out of the ‘‘sexual abuse’’ of any person. Coverage C. Professional Health Care Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of injury arising out of a ‘‘medical incident’’. We will have the right and duty to defend any claim or ‘‘suit’’ seeking those damages. We may at our discretion investigate any ‘‘medical incident’’ and settle any claim or ‘‘suit’’ that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III. LIMITS OF INSURANCE ; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided under SUPPLEMENTARY PAYMENTS ---- COVERAGES A, B AND C or medical expenses under COVERAGE D. b. This insurance applies only if the damages are caused by a ‘‘medical incident’’ that takes place: (1) During the policy period; and (2) In the ‘‘coverage territory’’. 2. Exclusions Applicable to Coverage C All exclusions under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY apply to this COVERAGE C, except that exclusion n. Professional Health Care Services under COVERAGE A shall not apply. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 8 of 19 All exclusions under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY apply to this COVERAGE C , except that exclusion k. Professional Health Care Services under COVERAGE B shall not apply. In addition, this insurance does not apply to: a.Medical Command via Telecommunications Device Any physician providing or failing to provide on-line medical direction or medical command via telecommunication to emergency medical personnel. b.Criminal Acts Injury arising out of a criminal act (except for ‘‘sexual abuse’’) committed by the insured or anyone for whom the insured is legally responsible. However, we will defend the insured for covered civil action subject to the other terms of this coverage part until either a judgment or final adjudication establishes such act, or the insured confirms such act. Coverage D. Medical Expense 1.Insuring Agreement 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 the ‘‘coverage territory’’ and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2.Exclusions Applicable to Coverage D We will not pay expenses for ‘‘bodily injury’’: a.Any Insured To any insured. b.Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c.Injury on Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d.Workers’ Compensation and Similar Laws 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 law or a similar law. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 9 of 19 e.Athletic Activities To a person injured while taking part in athletics. f.Products ---- Completed Operations Hazard Included within the ‘‘products-completed operations hazard’’. g . Professional Health Care Services To any person for ‘‘professional health care services’’ provided by you. h.Coverage A Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Supplementary Payments --- Coverages A, B and C 1. We will pay, with respect to any claim we investigate or settle, or any ‘‘suit’’ against an insured we defend: a. All expenses we incur. b. 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 the Bodily Injury Liability coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All 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 $300 a day because of time off from work. e. All costs taxed against the insured in the ‘‘suit’’. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a ‘‘suit’’ and an indemnitee of the insured is also named as a party to the ‘‘suit’’, we will defend that indemnitee if all of the following conditions are met: a. The ‘‘suit’’ against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in 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, settlemen t or defense of the ‘‘suit’’; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the ‘‘suit’’; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 10 of 19 (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 2.b.(2) of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, such payments will not be deemed to be damages for ‘‘bodily injury’’ and ‘‘property damage’’ and will not reduce the limits of 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 f. above, are no longer met. SECTION II. WHO IS AN INSURED 1. If you are: a. An organization other than a partnership, joint venture or limited liability company, you are an insured. b. A partnership or joint venture, you are an insured. Your members and your partners are also insureds, but only within the course and scope of your operations. c. A limited liability company, you are an insured. Your members are also insureds, but only within the course and scope of your operations. Your managers are insureds, but only within the course and scope of your operations. 2. In addition to you, each of the following is an insured: a.Volunteers and Employees. Your volunteers, ‘‘employees’’, elected or appointed officers, directors, commissioners or trustees, but only for acts within the course and scope of their employment by you, membership with you or authorized duties on your behalf. b.Medical Directors. Physicians who are your medical directors, but only for acts within the course and scope of their medical director duties on your behalf. c.Good Samaritans. Your volunteers, ‘‘employees’’, elected or appointed officers, directors, commissioners or trustees while acting as a Good Samaritan independently of his or her activities on your behalf, but only when he or she encounters the scene of an emergency requiring sudden action. In no event will such person who responds to the scene of an emergency with or for any other emergency service organization be an insured. d.Owners of Commandeered Equipment. The owner of commandeered equipment other than an ‘‘auto’’ is an insured while the equipment is in your temporary care, custody or control and is being used as part of an ‘‘emergency operation’’. e.Real Estate Managers. Any person or any organization while acting as your real estate manager. f.Blanket Additional Insureds. Any person or organization required to be an additional insured under an ‘‘insured contract’’, if agreed to by you prior to the ‘‘bodily injury’’, ‘‘property damage’’, ‘‘personal and advertising injury’’, or ‘‘medical incident’’, but only with respect to liability arising out of your premises or operations. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 11 of 19 3.Mobile Equipment. 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 the 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 kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to ‘‘property damage’’ to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4.New Organizations. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.COVERAGE A does not apply to ‘‘bodily injury’’ or ‘‘property damage’’ that occurred before you acquired or formed the organization; c.COVERAGE B does not apply to ‘‘personal and advertising injur y’’ arising out of an offense committed before you acquired or formed the organization; and d.COVERAGE C does not apply to a ‘‘medical incident’’ that took place before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III. LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or ‘‘suits’’ brought; or c. Persons or organizations making claims or bringing ‘‘suits’’. 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under COVERAGE D ; b. Damages under COVERAGE A, except damages because of ‘‘bodily injury’’ or ‘‘property damage’’ included in the ‘‘products-completed operations hazard’’; c. Damages under COVERAGE B; and d. Damages under COVERAGE C; for each Named Insured shown in the Declarations and each ‘‘location’’ owned by or rented to you. 3. The Products - Completed Operations Aggregate Limit is the most we will pay under COVERAGE A for damages because of ‘‘bodily injury’’ and ‘‘property damage’’ included in the ‘‘products-completed operations hazard’’, for each Named Insured shown in the Declarations. 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under COVERAGE B for the sum of all damages because of all ‘‘personal and advertising injury’’ sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence or Medical Incident Limit is the most we will pay for the sum of: a. Damages under COVERAGES A and C; and b. Medical expenses under COVERAGE D ; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 12 of 19 because of all ‘‘bodily injury’’ and ‘‘property damage’’ arising out of any one ‘‘occurrence’’ and all damages arising out of any one ‘‘medical incident’’. 6. Subject to 5. above, the Each Occurrence or Medical Incident Limit is the most we will pay under COVERAGE A for damages because of ‘‘property damage’’ to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVERAGE D for all medical expenses because of ‘‘bodily injury’’ sustained by any one person. The Limits of Insurance of this coverage part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the 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. SECTION IV. CONDITIONS The following conditions apply in addition to the Common Policy Conditions. 1.Bankruptcy Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this coverage part. 2.Duties in the Event of an Occurrence, Offense, Medical Incident, Claim or Suit a. You must see to it that we are notified as soon as practicable of an ‘‘occurrence’’, offense or ‘‘medical incident’’ which may result in a claim or ‘‘suit’’. To the extent possible, notice should include: (1) How, when and where the ‘‘occurrence’’, offense or ‘‘medical incident’’ 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’’, offense or ‘‘medical incident’’. b. If a claim is made or ‘‘suit’’ is brought against any insured, you must: (1) Immediately record the specifics of the claim or ‘‘suit’’ and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or ‘‘suit’’ as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or ‘‘suit’’; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the ‘‘suit’’; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 13 of 19 e. If you report an ‘‘occurrence’’, offense or ‘‘medical incident’’ to an insurer providing other than General Liability insurance, which later develops in to a General Liability claim covered under this coverage part, failure to report such ‘‘occurrence’’, offense or ‘‘medical incident’’ to us at the time of the ‘‘occurrence’’, offense or ‘‘medical incident’’ shall not be deemed in violation of these conditions. However, you shall give notification to us, as soon as is reasonably possible, that the ‘‘occurrence’’, offense or ‘‘medical incident’’ is a General Liability claim. f. Knowledge of an ‘‘occurrence’’, offense or ‘‘medical incident’’ by any of your agents, volunteers or ‘‘employees’’ shall not constitute knowledge by you unless one of your officers or anyone responsible for administering your insurance program has received a notification from the agent, volunteer or ‘‘employee’’. 3.Legal Action Against Us No person or organization has a right under this coverage part: a. To join us as a party or otherwise bring us into a ‘‘suit’’ asking for damages from an insured; or b. To sue us on this coverage part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this coverage part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. 4.Other Insurance If other valid and collectible insurance is available to the insured volunteer, ‘‘employee’’, elected or appointed officer, director, commissioner, trustee, medical director or owner of commandeered equipment for a loss we cover under COVERAGES A, B or C of this form, our insurance is primary, with no consideration or contribution with other insurance, except with respect to any medical malpractice liability insurance available to a physician who is acting on your behalf by providing on- site medical treatment of a person. With respect to said medical malpractice liability insurance, our insurance is excess over that coverage. If other valid and collectible insurance is available to the insured, other than volunteers, ‘‘employees’’, elected or appointed officers, directors, commissioners, trustees, medical directors or owners of commandeered equipment, for a loss we cover under COVERAGES A, B or C of this form, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is fire, extended coverage, builder’s risk, installation risk or similar coverage for ‘‘your work’’; (b) That is fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for ‘‘property damage’’ to premises rented to you or temporarily occupied by you with permission of the owner; (d) That is insurance covering your liability for ‘‘bodily injury’’ or ‘‘property damage’’ arising out of the providing, serving or selling of alcoholic beverages to others; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 14 of 19 (e) That is insurance covering your liability for ‘‘bodily injury’’ or ‘‘property damage’’ arising out of the igniting or discharging of fireworks, including but not limited to firecrackers, aerial or ground displays, in conjunction with any demonstration or show conducted or sponsored by you. However, this coverage shall not be excess should the ‘‘bodily injury’’ or ‘‘property damage’’ result from an emergency res ponse you provide in response to an emergency arising out of fireworks; or (f) If the loss arises out of the maintenance or use of aircraft or watercraft to the extent not subject to exclusion h. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY. (2) Any other primary insurance, including pools or self-insurance, covering your liability for damages arising out of the premises or operations for which you have been added as an additional insured. When this insurance is excess, we will have no duty under COVERAGES A, B or C to defend the insured against any ‘‘suit’’ if any other insurer has a duty to defend the insured against that ‘‘suit’’. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the limits of insurance shown in the Declarations of this coverage part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5.Representations By accepting this policy, you agree: a. The information in the Declarations is accurate and complete; b. The information is based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with respect to the coverage afforded, provided such failure or omission is not intentional. This coverage part is void if any material fact or circumstance relating to this insurance is intentionally omitted or misrepresented. 6.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this coverage part to the first Named 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 15 of 19 7.Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this coverage part, those rights are transferred to us. The insured mus t 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. 8.When We Do Not Renew If we decide not to renew this coverage part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V. DEFINITIONS 1. ‘‘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. 2. ‘‘Auto’’ means a land motor vehicle, trailer or s emitrailer 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 airspace, 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 other parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; 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. 5. ‘‘Emergency operations’’ means actions: a. Which are urgent responses for protection of property, human life, health or safety; and b. Which result from the performing or attempting to perform firefighting services, hazardous materials unit services, first aid, ambulance or rescue squad services, or related services, including the stabilizing or securing of an emergency scene; and c. Which are sanctioned by: (1) A fire department, hazardous materials unit, or first aid, ambulance or rescue squad qualifying as an insured under this coverage part; or (2) An officer, volunteer member or ‘‘employee’’ of such organization. 6. ‘‘Employee’’ includes a ‘‘leased worker’’. ‘‘Employee’’ does not include a ‘‘temporary worker’’. 7. ‘‘Employment practices’’ means an actual or alleged improper employment related practice, policy, act or omission involving an actual, prospective, or former volunteer or ‘‘employee’’, including: a. Failing to hire or refusing to hire; b. Wrongful dismissal, discharge, or termination of employment or membership, whether actual or constructive; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 16 of 19 c. Wrongful deprivation of a career opportunity, or failure to promote; d. Wrongful discipline of volunteers or ‘‘employees’’; e. Negligent evaluation of volunteers or ‘‘employees ’’; f. Retaliation against volunteers or ‘‘employees’’ for the exercise of any legally protected right or for engaging in any legally protected activity; g. Failure to adopt adequate workplace or employment-related policies and procedures; h. Harassment, including ‘‘sexual harassment’’; or i. Violation of any federal, state or local laws (whether common law or statutory) concerning employment or discrimination in employment. 8. ‘‘Hostile fire’’ means one which becomes uncontrollable or breaks out from where it was intended to be. 9. ‘‘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 ‘‘your work’’; or (2) Your fulfilling the terms of the contract or agreement. 10. ‘‘Insured contract’’ means: 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; c. 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; f. 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 party to pay for ‘‘bodily injury’’ or ‘‘property 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 f. 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 property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an 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, architectural or engineering activities. 11. ‘‘Leased worker’’ means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. ‘‘Leased worker’’ does not include a ‘‘temporary worker’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 17 of 19 12. ‘‘Loading or unloading’’ means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or ‘‘auto’’; b. While it is in or on an aircraft, watercraft or ‘‘auto’’; or c. While it is being moved from an aircraft, watercraft or ‘‘auto’’ to the place where it is finally delivered; but ‘‘loading or unloading’’ does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or ‘‘auto’’. 13. ‘‘Location’’ means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 14. ‘‘Medical incident’’ means any act, error or omission in the rendering of or failure to render ‘‘professional health care services’’ by you or by anyone for whose ‘‘professional health care services’’ you are legally responsible. Any such act, error or omission, together with all related acts, errors or omissions in the furnishing of such services to any one person, shall be considered one ‘‘medical incident’’. 15. ‘‘Mobile equipment’’ means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to 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 servicing equipment. 16. ‘‘Occurrence’’ means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. ‘‘Personal and advertising injury’’ means injury, including consequential ‘‘bodily injury’’, arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 18 of 19 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, or any other interference with real property rights; d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; e. Oral or written publication in any manner of material that violates a person’s right of privacy; f. The use of another’s advertising idea in your ‘‘advertisement’’; or g. Infringing upon another’s copyright, trade dress or slogan in your ‘‘advertisement’’. 18. ‘‘Personal watercraft’’ means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. 19. ‘‘Products-completed operations hazard’’: a. Includes all ‘‘bodily injury’’ and ‘‘property damage’’ occurring away from premises you own or rent and arising out of ‘‘your product’’ or ‘‘your work’’ except: (1) Products that are still in your physical possession; or (2) Work that has not yet been 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 a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 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; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products-completed operations are subject to the General Aggregate Limit. 20. ‘‘Professional health care services’’ means: a. Providing medical or nursing services; b. Providing professional services of any other health care professional, including emergency medical technicians and paramedics; c. Furnishing or dispensing drugs or medical, surgical or dental supplies or appliances; d. Handling of patients: (1) From the place where they are accepted for movement into or onto the means of transport, (2) During transport, and (3) From the means of transport to the place where they are finally delivered; e. Dispatching of, including the failure or refusal to dispatch, personnel to provide any of the above services; f. Serving on, or carrying out the orders of, a health care accreditation board or similar professional board or committee; and g. Establishing medical protocol, creating medical training curricula, providing medical training, conducting medical quality assurance programs, and carrying out similar duties. 21. ‘‘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 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VGL101 (08/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 19 of 19 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. 22. ‘‘Sexual abuse’’ means any actual, attempted or alleged sexual conduct by a person, or by persons acting in concert, which causes injury. ‘‘Sexual abuse’’ includes sexual molestation, sexual assault, sexual exploitation, or sexual injury, but does not include ‘‘sexual harassment’’. 23. ‘‘Sexual harassment’’ means any actual, attempted or alleged unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature by a person, or by persons acting in concert, which causes injury. ‘‘Sexual harassment’’ includes: a. The above conduct when submission to or rejection of such conduct is made either explicitly or implicitly a condition of a person’s employment, or a basis for employment decisions affecting a person; or b. The above conduct when such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment. 24. ‘‘Suit’’ means a civil proceeding in which damages because of ‘‘bodily injury’’, ‘‘property damage’’, ‘‘personal and advertising injury’’, or injury aris ing out of a ‘‘medical incident’’ 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. But ‘‘suit’’ does not mean any ethical conduct review or enforcement action, or disciplinary review or enforcement action. 25. ‘‘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. 26. ‘‘Training operations’’ means activities used to prepare, train, or instruct members of a fire department, hazardous materials unit, or a first aid, ambulance or rescue squad in accepted and recognized emergency procedures, including municipal, state and federal standards. 27. ‘‘Your product’’ means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others 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 (b) The providing of or 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. 28. ‘‘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: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of ‘‘your work’’; and (2) The providing of or failure to provide warnings or instructions. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VGL204 (03/03) GENERAL LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 EXCLUSION ---- FIREFIGHTING AND OTHER EMERGENCY SERVICES This endorsement modifies insurance provided under the following: GENERAL LIABILTY COVERAGE PART A. SECTION I. Coverage A. Bodily Injury and Property Damage Liability item 2. Exclusions Applicable to Coverage A is amended by the addition of the following exclusion: This insurance does not apply to: "Bodily injury" or "property damage" arising out of your providing or failing to provide firefighting, ambulance, rescue or other emergency services. B. SECTION I. Coverage B. Personal and Advertising Injury Liability item 2. Exclusions Applicable to Coverage B is amended by the addition of the following exclus ion: This insurance does not apply to: "Personal and advertising injury" arising out of your providing or failing to provide firefighting, ambulance, rescue or other emergency services. C. SECTION I. Coverage C. Professional Health Care Liability is deleted. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VGL320 (06/17) GENERAL LIABILITY Copyright 2016 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 UNMANNED AIRCRAFT COVERAGE This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART A. The first paragraph of Exclusion 2.h. Aircraft, Auto Or Watercraft under Section I. Coverages, Coverage A. Bodily Injury and Property Damage Liability is replaced by the following: "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than “unmanned aircraft”), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion does not apply to: B. The following exclusion is added to Section I. Coverages, Coverage A. Bodily Injury and Property Damage Liability, Exclusions Applicable to Coverage A: Unmanned Aircraft “Bodily injury” or “property damage” arising out of the ownership, maintenance or use of an “unmanned aircraft” while: (1) Rented, leased or loaned to others without an operator who is your “employee” or “volunteer worker”; (2) Used in any professional or organized racing or demolition contest or stunting activity, or while practicing or preparing for such contest or activity; or (3) Not used in the insured’s operations. C. The following definition is added to Section V. Definitions: “Unmanned aircraft“ means an aircraft weighing 15 pounds or less that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. “Unmanned aircraft” includes equipment used with such “unmanned aircraft”, provided such equipment is attached to or essential for its operation. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 GGL300 (01-05) GENERAL LIABILITY Copyright 2005 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART LIABILITY COVERAGE PART PUBLIC ENTITY LIABILITY COVERAGE PART The DEFINITIONS Section is amended as follows: 1. The definition of "auto" is replaced by the following: "Auto" means: a. Any land motor vehicle, trailer or semitrailer designed for travel on public roads; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 2. The following is added to the definition of "mobile equipment": However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS IS CLAIMS MADE COVERAGE. PLEASE READ THE POLICY CAREFULLY. From To VML100 (11/06) MANAGEMENT LIABILITY COVERAGE PART DECLARATIONS Limits of Insurance Aggregate Limit $ Coverage A and B Combined Coverage A $ Each Wrongful Act or Offense Coverage B $ Each Action for Injunctive Relief Deductible (Coverage A only) $ Each Wrongful Act or Offense Estimated Coverage Part Premium: Taxes , Fees and Surcharges: Total Premium: Management Liability Forms See Schedule of Forms and Endorsements VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY 2,000,000 1,000,000 50,000 0 $ 350.00 $ 350.00 DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 13 EMERGENCY SERVICE ORGANIZATION MANAGEMENT LIABILITY COVERAGE FORM CLAIMS MADE Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. We have no duty to provide coverage unless there has been full compliance with all the SECTION V. CONDITIONS contained in this coverage part. Throughout this coverage part the words ‘‘you’’ and ‘‘your’’ refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this coverage part. The words ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the company providing this insurance. The word ‘‘insured’’ means any person or organization qualifying as such under SECTION III. WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VII. DEFINITIONS. SECTION I. COVERAGES Coverage A. Insuring Agreement - Liability for Monetary Damages 1. We will pay those sums that the insured becomes legally obligated to pay as monetary damages arising out of an ‘‘employment practices’’ offense, an offense in the ‘‘administration’’ of your ‘‘employee benefit plans’’, or other ‘‘wrongful act’’ to which this insurance applies. We will have the right and duty to defend any ‘‘suit’’ seeking those damages. We may, at our discretion, investigate any such offense or ‘‘wrongful act’’ and settle any ‘‘claim’’ or ‘‘s uit’’ that may result. However: a. The amount we will pay for damages is limited as described in SECTION IV. LIMITS OF INSURANCE; and b. Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A and B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for below under Supplementary Payments. However, we may, prior to any ‘‘claim’’ or ‘‘suit’’ and at our sole discretion and expense, help you with an Equal Employment Opportunity Commission investigation, or an equivalent state or local agency investigation. If we choose to help you with an investigation, our help will be strictly voluntary, and we may discontinue it at any time. You agree that our help does not admit, confirm, waive, estop, or in any way represent a determination of coverage of any alleged employment related violation. 2. This insurance applies to offenses or ‘‘wrongful acts’’ only if: a. The offense or ‘‘wrongful act’’ takes place in the ‘‘coverage territory’’ and before the end of the policy period; and b. A ‘‘claim’’ is first made against any insured in accordance with paragraph 3. below, during the policy period or any Extended Reporting Period we provide according to SECTION VI. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 13 3. A ‘‘claim’’ will be deemed to have been made at the earliest of the following times: a. When notice of such ‘‘claim’’ is received and recorded by any insured or by us, whichever comes first; b. When we make settlement in accordance with paragraph 1. above; or c. When you become aware of an offense or ‘‘wrongful act’’ which may subsequently give rise to a ‘‘claim’’ being made against any insured, and you give written notice to us, as described in SECTION V. CONDITIONS, of such circumstances as soon as practicable but no later than: (1) The end of the policy period; or (2) The end of any applicable Extended Reporting Period. All ‘‘claims’’ based on or arising out of the same or related offenses or ‘‘wrongful acts’’ by one or more insureds shall be considered first made when the first of such ‘‘claims’’ is made. Related offenses or ‘‘wrongful acts’’ shall include offenses or ‘‘wrongful acts’’ which are the same, related or continuous, or which arise from a common nucleus of facts. Coverage A. Supplementary Payments We will pay, with respect to any ‘‘claim’’ we inves tigate or settle, or any ‘‘suit’’ against an insured we defend: 1. All expenses we incur. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 3. 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 $300 a day because of time off from work. 4. All costs taxed against the insured in the ‘‘suit’’. 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest earned on that part of any judgment within our limit of insurance after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the limits of insurance. Coverage B. Insuring Agreement - Defense Expense for Injunctive Relief 1. We will pay those reasonable sums the insured incurs as ‘‘defense expense’’ to defend against an action for ‘‘injunctive relief’’ because of an ‘‘employment practices’’ offense, an offense in the ‘‘administration’’ of your ‘‘employee benefit plans’’, or other ‘‘wrongful act’’ to which this insurance applies. However: a. The amount we will pay for ‘‘defense expense’’ is limited as described in SECTION IV. LIMITS OF INSURANCE; and b. We have no obligation to arrange or provide the defense for any action for ‘‘injunctive relief’’. No other obligation or liability to pay sums or perform acts or services is covered. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 13 2. This insurance applies only if: a. The action seeking ‘‘injunctive relief’’ is brought in a legally authorized court or agency of the United States, any of its states or commonwealths, or any governmental subdivision of any of them; b. Such action is filed during the policy period; and c. The insured: (1) First notifies us as soon as practicable after retaining counsel to respond to such action but in no case later than 60 days after the end of the policy period; and (2) Is reasonably expedient in requesting us to pay the ‘‘defense expense’’. 3. All actions based on or arising out of the same or related offenses or ‘‘wrongful acts’’ shall be considered one action for ‘‘injunctive relief’’ regardless of the number of: a. Insureds; b. Plaintiffs; c. Demands asserted; or d. Injunctions, temporary restraining orders or prohibitive writs. Related offenses or ‘‘wrongful acts’’ shall include offenses or ‘‘wrongful acts’’ which are the same, related or continuous, or which arise from a common nucleus of facts. SECTION II. EXCLUSIONS This insurance does not apply under either Coverage A or Coverage B to: a.Other Applicable Coverage Any offense or ‘‘wrongful act’’ which is insured by any other policy or policies except: (1) A policy purchased to apply in excess of this coverage part; or (2) That portion of monetary damages otherwise covered by this coverage part which exceeds the limits of liability of such other policy or policies, subject to the Other Insurance condition in SECTION V. CONDITIONS. b.Known Prior Acts Any offense or ‘‘wrongful act’’ which takes place prior to the inception date of this coverage part if the insured knew or reasonably should have foreseen that such offense or ‘‘wrongful act’’ would give rise to a ‘‘claim’’. c.Prior Litigation Damages, loss or expense based upon, attributed to, arising out of, in consequence of, or in any way related to litigation or administrative or regulatory proceedings otherwise covered by this coverage part if such litigation or administrative or regulatory proceedings were initiated prior to or were pending on the inception date of this coverage part. d.Bodily Injury, Property Damage, Personal and Advertising Injury ‘‘Bodily injury’’, ‘‘property damage’’, or ‘‘personal and advertising injury’’ except when resulting from a covered ‘‘employment practices’’ offense. e.Workers’ Compensation and Similar Laws Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law, or any similar law. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 4 of 13 f.Professional Health Care Providing or failing to provide ‘‘professional health care services’’. g.Fines Fines, penalties and taxes, including those imposed by the Internal Revenue Service code or any similar state or local code. h.Bonds Any obligation related to a fidelity bond or a surety bond. i.Contracts Any amount actually or allegedly due under the terms of any contract for the purchase of goods or services or any payment or performance contract, other than an employment contract. j.Employment Contracts Any amount actually or allegedly due under the terms of any contract of employment for a definite term, or as severance pay under any contract of employment. k.Wage and Hour Laws Back wages, overtime or similar damages if specified by the Fair Labor Standards Act of 1938, as amended, or any other wage or hour law. l.Failure to Maintain Insurance The failure to effect or maintain: (1) Insurance of any kind, including adequate limits of insurance; or (2) Suretyship or bonds. This exclusion does not apply to the extent coverage is provided for the ‘‘administration’’ of ‘‘employee benefit plans’’. m.Performance of Employee Benefit Plans Any ‘‘employment practices’’ offense or any offense in the ‘‘administration’’ of ‘‘employee benefit plans’’ arising out of: (1) Failure of any investment program, individual securities or savings program to perform as held forth by or represented by an insured; (2) Advice given by an insured in connection with participation or non-participation in stock subscription plans, savings programs or any other ‘‘employee benefit plan’’; (3) Errors in providing information or failing to provide information on past performance of investment vehicles; (4) Failure of the insured or any insurer, fiduciary, trustee or fiscal agent to perform any of their duties or obligations or to fulfill any of their guarantees with respect to the payment of benefits under ‘‘employee benefit plans’’ or the providing, handling or investment of funds; (5) The liability of others which is assumed by the insured under a contract or agreement, except to the extent the insured would have been liable in the absence of the contract or agreement; (6) Any claim for the return of compensation paid by the insured if a court determines that the payment was illegal; or (7) Any claim for benefits that are lawfully paid or payable to a beneficiary from the funds of an ‘‘employee benefit plan’’. n.Claims Against Other Insureds Any actions for ‘‘injunctive relief’’ or ‘‘claims’’: (1) By a Named Insured against any other insured; or (2) By one Named Insured against another Named Insured. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 5 of 13 o.Criminal Acts Damages, loss or expense arising out of or contributed to by any fraudulent, dishonest, criminal or malicious act of the insured (except for ‘‘sexual abuse’’), or the willful violation of any statute, ordinance or regulation committed by or with the knowledge of the insured. However, we will defend the insured for covered civil action subject to the other terms of this coverage part until either a judgment or final adjudication establishes such an act, or the insured confirms such act. p.Sexual Abuse (1) ‘‘Sexual abuse’’ of any person; or (2) The negligent: (a) Employment; (b) Investigation; (c) Supervision; (d) Reporting to the proper authorities, or failing to so report; or (e) Retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by paragraph (1) above. q.Profit, Advantage or Remuneration Any loss, cost or expense based upon or attributable to the insured gaining any profit, advantage or remuneration to which the insured is not legally entitled. r.ERISA, COBRA and WARN Act Liability Damages, loss or expense arising out of or contribu ted to by any insured’s obligations under: (1) the Employee Retirement Income Security Act of 1974 (ERISA); (2) the Comprehensive Omnibus Budget Reconciliation Act (COBRA); (3) the Worker Adjustment and Retraining Notification Act (WARN); or (4) any similar federal, state, or local laws or regulations; including subsequent amendments or any regulations promulgated thereunder. s.Compliance with ADA Requirements Costs or expenses incurred as a result of physical modifications made to accommodate persons with disabilities as required by: (1) the Americans with Disabilities Act of 1990; or (2) any federal, state, or local disability discrimination or accommodation laws or regulations; including subsequent amendments or any regulations promulgated thereunder. t.Strikes Damages, loss or expense arising out of or contributed to by any lockout, strike, picket line, replacement or other similar actions resulting from labor disputes or labor negotiations. u.Tax Assessments Damages, loss or expense arising out of or contributed to by any tax assessments or adjustments, or the collection, refund, disbursemen t or application of any taxes. This exclusion does not apply to the use or prioritization of your operating funds. v.Debt Financing Damages, loss or expense arising out of or contributed to by any debt financing, including but not limited to bonds, notes, debentures and guarantees of debt. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 6 of 13 w.Pollution Any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to pollution, however caused. Pollution includes the actual, alleged, or potential presence in or introduction into the environment of any subs tance if such substance has, or is alleged to have, the effect of making the environment impure, harmful or dangerous. Environment includes any air, land, structure (or the air therein), watercourse or other body of water, including underground water. This exclusion does not apply if: (1) There is no allegation that you are liable for, the cause of, or responsible in whole or in part for any pollution; and (2) You are alleged to be liable solely as a result of ordering an evacuation, a business or building closure, or other similar action to protect persons or property, provided you are authorized by law to take such actions. x.Asbestos, Lead, Electromagnetic Radiation, Nuclear (1) Any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to asbestos or asbestos-containing materials. (2) Any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to: (a) The toxic properties of lead, or any material or substance containing lead; or (b) Electromagnetic radiation; or exposure thereto, or for the costs of abatement, mitigation, removal, elimination or disposal of any of them. (3) Any loss, cost or expense arising out of any actual, alleged or threatened injury or damage to any person or property from any radioactive matter or nuclear material. y. Fungi or Bacteria (1) Any liability, loss, injury or damage which would not have occurred or taken place, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any ‘‘fungi’’ or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. (2) Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detixofying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, ‘‘fungi’’ or bacteria, by any insured or by any other person or entity. z. Attorney Fees and Court Costs Any award of costs or fees which arises out of an action for ‘‘injunctive relief’’. SECTION III. WHO IS AN INSURED 1. If you are: a. An organization other than a partnership, joint venture or limited liability company, you are an insured. b. A partnership or joint venture, you are an insured. Your members and your partners are also insureds, but only within the course and scope of your operations. c. A limited liability company, you are an insured. Your members are also insureds, but only within the course and scope of your operations. Your managers are insureds, but only within the course and scope of your operations. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 7 of 13 2. In addition to you, each of the following is an insured: a.Volunteers and Employees. Volunteers and employees, including any elected or appointed officers, directors, commissioners or trustees, but only for acts within the course and scope of their employment by you, membership with you or authorized duties on your behalf. b.Medical Directors. Physicians who are your medical directors, but only for acts within the course and scope of their medical director duties on your behalf. c.Mutual Aid Agreements. Any persons or organizations providing service to you under any mutual aid or similar agreement. d.Blanket Additional Insureds. Any person or organization liable for your ‘‘employment practices’’ offenses, offenses arising out of the ‘‘administration’’ of your ‘‘employee benefit plans’’, or other ‘‘wrongful acts’’ committed or alleged to have been committed by you is an insured under this coverage part, but only to the extent of that liability. 3.Outside Directorship Extension. Your volunteers, employees, officers, directors, commissioners, or trustees, while acting independently and not on behalf of your organization, are insureds while they serve on the board of directors of an outside organization as specified herein: a. The outside organization was established and is currently chartered as not-for-profit; and b. The organization is a separate and distinct entity not subject to your direction and control; and c. The organization exists for the purpose of supporting and furthering the efforts and welfare of the organizations or individuals who provide fire service, emergency medical response or rescue services. This coverage shall be excess of and not contribute with: (1) Any insurance available, whether primary or excess; and (2) Any corporate indemnification agreements afforded by the outside organization. In no event will this insurance inure to the benefit of the outside organization or to any of its officers, directors, commissioners, trustees, volunteers or employees, except to the extent that coverage is provided to an insured as set forth above. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to the organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage does not apply to any ‘‘employment practices’’ offense, offense in the ‘‘administration’’ of your ‘‘employee benefit plans’’, or other ‘‘wrongful act’’ that occurred before you acquired or formed the organization or of which you had notice or knowledge. No organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION IV. LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. ‘‘Claims’’ made or ‘‘suits’’ brought; or c. Persons or organizations making ‘‘claims’’ or bringing ‘‘suits’’. 2. The Aggregate Limit is the most we will pay for the sum of: a. Monetary damages under Coverage A; and b. ‘‘Defense expense’’ under Coverage B; for each Named Insured shown in the Declarations. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 8 of 13 3. Subject to 2. above, the Each ‘‘Wrongful Act’’ or Offense limit is the most we will pay under Coverage A for the sum of all monetary damages arising out of the same or related offenses or ‘‘wrongful acts’’. 4. Subject to 2. above, the Each Action for ‘‘Injunctive Relief’’ limit is the most we will pay under Coverage B for all ‘‘defense expense’’ arising out of all actions or proceedings for ‘‘injunctive relief’’ arising out of the same or related offenses or ‘‘wrongful acts’’. 5. The Aggregate Limits of this coverage part apply s eparately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the 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. 6. Our obligations under this coverage part end when the applicable Limit of Insurance available is exhausted. If we pay amounts for monetary damages or ‘‘defense expense’’ in excess of that Limit of Insurance, you agree to reimburse us for such amounts. SECTION V. CONDITIONS The following conditions apply in addition to the Common Policy Conditions. 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this coverage part. 2.Duties in the Event of an Offense, ‘‘Wrongful Act’’, ‘‘Claim’’ or ‘‘Suit’’ a. You must see to it that we are notified as soon as practicable of an offense or ‘‘wrongful act’’ which may result in a ‘‘claim’’ or ‘‘suit’’. To the extent possible, notice should include: (1) How, when and where the offense or ‘‘wrongful act’’ took place; and (2) The names and addresses of any persons seeking damages or of any witnesses. b. If a ‘‘claim’’ is made or ‘‘suit’’ is brought against any insured, you must: (1) Immediately record the specifics of the ‘‘claim’’ or ‘‘suit’’ and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the ‘‘claim’’ or ‘‘suit’’ as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the ‘‘claim’’ or ‘‘suit’’; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the ‘‘claim’’ or ‘‘suit’’; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of damages to which this insurance may also apply. d. No insureds will, except at their own cost, volun tarily make a payment, assume any obligation, or incur any expense without our written consent. e. Notice shall be deemed given as soon as practicable if it is given by the person to whom you have delegated such responsibility as soon as practicable after they become aware of an offense or ‘‘wrongful act’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 9 of 13 3. Duties in the Event of a Request to Pay ‘‘Defense Expense’’ for ‘‘Injunctive Relief’’ a. You must see to it that we are notified as soon as practicable of an action or proceeding which may give rise to a request for us to respond for ‘‘defense expense’’. To the extent possible, notice should include: (1) The plaintiff in the action; (2) The court or agency involved; (3) The relief being sought; and (4) The date of the action and any underlying demand. b. You and any other involved insured must: (1) Immediately send us copies of any legal papers received in connection with the action and any underlying demand; (2) Cooperate with us in the determination of any ‘‘defense expense’’ which may be covered by this insurance; and (3) Submit a request for us to pay any covered ‘‘defense expense’’. 4. Legal Action Against Us No person or organization has a right under this coverage part: a. To join us as a party or otherwise bring us into a ‘‘suit’’ asking for damages or ‘‘defense expense’’ from an insured; or b. To sue us on this coverage part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages or ‘‘defense expenses’’ that are not payable under the terms of this coverage part or that are in excess of the applicable Limit of Insurance. Under Coverage A, 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. Other Insurance If other valid and collectible insurance is available to the insured volunteer, employee, elected or appointed officer, director, commissioner, trustee or medical director for a loss or ‘‘defense expense’’ we cover under this coverage part, our insurance is primary, with no consideration or contribution with such other insurance. However, this does not apply to such insureds when serving on outside directorships as described in the Outside Directorship Extension of SECTION III. WHO IS AN INSURED. If other valid and collectible insurance is available to insureds other than volunteers, employees, elected or appointed officers, directors, commissioners, trustees or medical directors for a loss or ‘‘defense expense’’ we cover under this coverage part, this insurance is excess over any of the other insurance and its deductible or self-insured retention provisions, whether primary, excess, contingent or on any other basis. 6. Representations By accepting this policy, you agree: a. The information in the Declarations is accurate and complete. b. That information is based upon representations you made to us in the application for this insurance. This application forms the basis of our obligations under this coverage part. c. This coverage part is void if any material fact or circumstance relating to this insurance is intentionally omitted or misrepresented in the application for this insurance. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 10 of 13 7. Separation of Insureds Except with respect to the Limit of Insurance as described in SECTION IV, and any rights or duties specifically assigned 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. 8. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this coverage part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring ‘‘suit’’ or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this coverage part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of such non-renewal not less than 30 days before the expiration date. We will mail or deliver our notice to the first Named Insured’s last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. 10. Your Right to Claim Information Upon request, we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding coverage part we have issued to you during the previous three years: a. A list or other record of each ‘‘wrongful act’’ or other offense not previously reported to any other insurer, of which we were notified in accordance with paragraph 2.a. or paragraph 3.a. of this section. We will include the date and a brief description of such ‘‘wrongful act’’ or offense if that information was in the notice we received. b. A summary, by policy year, of payments made and amounts reserved. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant’s representative without our consent. We compile claim and related information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first 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 non-r enewal will be effective even if we inadvertently provide inaccurate information. SECTION VI. EXTENDED REPORTING PERIODS (COVERAGE A ONLY) With respect to Coverage A only: 1. We will provide one or more Extended Reporting Periods, as described in items 3. and 4. below, if: a. This coverage part is cancelled or not renewed; or b. We renew or replace this coverage part with insurance that does not apply to offenses or ‘‘wrongful acts’’ on a claims made basis. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 11 of 13 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to ‘‘claims’’ arising out of offenses or ‘‘wrongful acts’’ that take place before the end of the policy period. Once in effect, Extended Reporting Periods may not be cancelled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for sixty days. The Basic Extended Reporting Period does not apply to ‘‘claims’’ that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such ‘‘claims’’. 4. A Supplemental Extended Reporting Period of unlimited duration is available, but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so, we will take into account the following: a. The exposures insured; b. Previous types and amounts of insurance; c. Limit of Insurance available under this coverage part; and d. Other related factors. The additional premium will not exceed 200% of the annual premium for this coverage part. This endorsement shall set forth the terms, not inconsistent with this section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for ‘‘claims’’ received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. 5. The Basic Extended Reporting Period does not reinstate or increase the Limit of Insurance. 6. If the Supplemental Extended Reporting Period is in effect, we will provide the separate Aggregate Limit of Insurance described below, but only for ‘‘claims’’ first received and recorded during the Supplemental Extended Reporting Period. The separate Aggregate Limit of Insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for the Aggregate Limit. The applicable Each ‘‘Wrongful Act’’ or Offense limit will continue to apply. SECTION VII. DEFINITIONS 1. ‘‘Administration’’ means any of the following acts that you do or authorize a person to do: a. Counseling volunteers or employees, other than giving legal advice, on ‘‘employee benefit plans’’; b. Interpreting your ‘‘employee benefit plans’’; c. Handling records for your ‘‘employee benefit plans’’; and d. Effecting enrollment, termination or cancellation of volunteers or employees under your ‘‘employee benefit plans’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 12 of 13 2. ‘‘Bodily injury’’ means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 3. ‘‘Claim’’ means a written or oral notice, including ‘‘suit’’, from any party that it is their intention to hold the insured responsible for damages arising out of an offense or ‘‘wrongful act’’ by the insured. 4. ‘‘Coverage territory’’ means the United States of America (including its territories and possessions ), Puerto Rico and Canada. 5. ‘‘Defense expense’’ means under Coverage B, fees or expenses incurred by the insured for: a. Legal fees charged by the insured’s attorney; b. Court costs; c. Expert witnesses; and d. The cost of court bonds, but we do not have to furnish these bonds. ‘‘Defense expense’’ does not include: (1) Any salaries, charges or fees for any insured, insured’s volunteers or employees, or former volunteers or employees; or (2) Any expenses other than a., b., c. and d. above. 6. ‘‘Employee benefit plans’’ mean group life insurance, group accident or health insurance, profit sharing plans, pension plans, employee stock subscription plans, employee travel, vacation, or savings plans, workers compensation, unemployment insurance, social security and disability benefits insurance, and any other similar benefit program applying to volunteers or employees. 7. ‘‘Employment practices’’ means an actual or alleged improper employment related practice, policy, act or omission involving an actual, prospective, or former volunteer or employee, including: a. Failing to hire or refusing to hire; b. Wrongful dismissal, discharge, or termination of employment or membership, whether actual or constructive; c. Wrongful deprivation of a career opportunity, or failure to promote; d. Wrongful discipline of volunteers or employees; e. Negligent evaluation of volunteers or employees; f. Retaliation against volunteers or employees for the exercise of any legally protected right or for engaging in any legally protected activity; g. Failure to adopt adequate workplace or employment-related policies and procedures; h. Harassment, including ‘‘sexual harassment’’; or i. Violation of any federal, state or local laws (whether common law or statutory) concerning employment or discrimination in employment. 8. ‘‘Fungi’’ means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or released by ‘‘fungi’’. 9. ‘‘Injunctive relief’’ means equitable relief sought through the demand for the issuance of a permanent, preliminary or temporary injunction, restraining order, or similar prohibitive writ against, or order for specific performance by, an insured provided such action is filed during the policy period. 10. ‘‘Personal and advertising injury’’ means injury, including consequential ‘‘bodily injury’’, arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, or any other interference with real property rights; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML101 (03/03) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 13 of 13 d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; e. Oral or written publication in any manner of material that violates a person’s right of privacy; f. The use of another’s advertising idea in your advertisement; or g. Infringing upon another’s copyright, trade dress or slogan in your advertisement. 11. ‘‘Professional health care services’’ means: a. Providing medical or nursing services; b. Providing professional services of any other health care professional, including emergency medical technicians and paramedics; c. Furnishing or dispensing drugs or medical, surgical or dental supplies or appliances; d. Handling of patients: (1) From the place where they are accepted for movement into or onto the means of transport, (2) During transport, and (3) From the means of transport to the place where they are finally delivered; e. Dispatching of, including the failure or refusal to dispatch, personnel to provide any of the above services; f. Serving on, or carrying out the orders of, a health care accreditation board or similar professional board or committee; and g. Establishing medical protocol, creating medical training curricula, providing medical training, conducting medical quality assurance programs, and carrying out similar duties. 12. ‘‘Property damage’’ means: a. Physical injury to tangible property, including all resulting loss of use of that property; and b. Loss of use of tangible property that is not physically injured but results from a. above. 13. ‘‘Sexual abuse’’ means any actual, attempted or alleged sexual conduct by a person, or by persons acting in concert, which causes injury. ‘‘Sexual abuse’’ includes sexual molestation, sexual assault, sexual exploitation or sexual injury, but does not include ‘‘sexual harassment’’. 14. ‘‘Sexual harassment’’ means any actual, attempted or alleged unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature by a person, or by persons acting in concert, which causes injury. ‘‘Sexual harassment’’ includes: a. The above conduct when submission to or rejection of such conduct is made either explicitly or implicitly a condition of a person’s employment, or a basis for employment decisions affecting a person; or b. The above conduct when such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment. 15. ‘‘Suit’’ means a civil proceeding in which damages arising out of an offense or ‘‘wrongful act’’ 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. But ‘‘suit’’ does not mean any ethical conduct review or enforcement action, or disciplinary review or enforcement action. 16. ‘‘Wrongful act’’ means any actual or alleged error, act, omission, misstatement, misleading statement, neglect or breaches of duty committed by you or on behalf of you in the performance of your operations, including misfeasance, malfeasance, or nonfeasance in the discharge of duties, individually or collectively that results directly but unexpectedly and unintentionally in damages to others. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY VML306 (12/17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 13 CYBER LIABILITY AND PRIVACY CRISIS MANAGEMENT EXPENSE COVERAGE D AND COVERAGE E ARE FOR EVENTS DISCOVERED DURING THE POLICY PERIOD PLEASE READ THE ENTIRE FORM CAREFULLY This endorsement modifies insurance provided under the following: MANAGEMENT LIABILITY COVERAGE PART Schedule Coverage C Cyber Liability Cyber Liability Each Event Limit: $1,000,000 each “electronic information security event” Cyber Liability Retroactive Date: NONE Coverage D Privacy Crisis Management Expense Privacy Crisis Management Expense Each Event Limit: $50,000 each “privacy event” Privacy Crisis Management Expense Retroactive Date: NONE Deductible for Coverage D Privacy Crisis Management Expense: $0 each “privacy event” Coverage E Cyber Extortion Expense Cyber Extortion Expense Each Event Limit: $20,000 each “cyber extortion threat” Deductible for Coverage F Cyber Extortion Expense: $0 each “cyber extortion threat” Coverage D and Coverage E Aggregate Limit of Insurance Privacy Crisis Management Expense and Cyber Extortion Expense Aggregate Limit: $50,000 aggregate DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 13 A. COVERAGES The following coverages are added to Section I. Coverages. All other terms and conditions remain as is unless otherwise stated in this endorsement: 1. COVERAGE C CYBER LIABILITY - Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as monetary damages because of an “electronic information security event” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages. However, we will have no duty to defend the insured against any “suit” seeking damages for an “electronic information security event” to which this insurance does not apply. We may, at our discretion, investigate any “electronic information security event” and settle any “claim” or “suit” that may result. But: (1) The amount we pay for damages is limited as described in Section C. 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage A Supplementary Payments. b. This insurance applies to an “electronic information security event” only if: (1) The “electronic information security event” takes place in the “coverage territory” and any responsibility to pay damages is determined in a “suit” on the merits brought in the United States of America (including its territories and possessions), Puerto Rico or Canada or in a settlement we agree to; (2) The “electronic information security event” does not result from an act, error or omission that occurred before the Cyber Liability Retroactive Date or after the end of the policy period; (3) The “electronic information security event” is first discovered in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide according to Section E. Extended Reporting Period; and (4) Written notice of the “electronic information security event” is received by us within 60 days of its first discovery or before the end of any Extended Reporting Period, whichever is earlier. c. First Discovery And Related Events And Acts (1) First Discovery An “electronic information security event” will be deemed to have been discovered at the earliest of the following times: (a) When such “electronic information security event” is discovered and recorded by any insured or by us, whichever comes first; or (b) When you become aware of an act, error or omission that may subsequently result in an “electronic information security event”, and you give written notice to us, as described in Section V. Conditions, of such circumstances as soon as practicable but no later than: (i) 60 days after becoming aware; or (ii) The end of any applicable Extended Reporting Period; whichever is earlier. (2) Related Events All related “electronic information security events” will be considered one event and will be considered first discovered when the first of such related events is discovered. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 3 of 13 Related “electronic information security events” include all “electronic information security events” that are the same, related or continuous, or that arise from a common nucleus of facts, circumstances, events or acts. (3) Related Acts All acts, errors or omissions that result in the same or related “electronic information security events” will be considered one act, error or omission and will be considered to have occurred when the first of such related acts, errors or omissions occurred. 2. COVERAGE D PRIVACY CRISIS MANAGEMENT EXPENSE - Insuring Agreement a. We will pay applicable “privacy crisis management expenses” incurred on behalf of the insured because of a “privacy event” to which this insurance applies. But the amount we will pay is limited as described in Section C. Limits of Insurance. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to a “privacy event” only if: (1) The “privacy event” takes place in the “coverage territory” and any responsibility to pay damages is determined in a “suit” on the merits brought in the United States of America (including its territories and possessions), Puerto Rico or Canada or in a settlement we agree to; (2) The “privacy event” does not result from an act, error or omission that occurred before the Privacy Crisis Management Expense Retroactive Date or after the end of the policy period; (3) The “privacy event” is first discovered in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide according to Section E. Extended Reporting Period; and (4) Written notice of the “privacy event” is received by us within 60 days of its first discovery or before the end of any Extended Reporting Period, whichever is earlier. c. First Discovery And Related Events And Acts (1) First Discovery A “privacy event” will be deemed to have been discovered at the earliest of the following times: (a) When such “privacy event” is discovered and recorded by any insured or by us, whichever comes first; or (b) When you become aware of an act, error or omission that may subsequently result in a “privacy event”, and you give written notice to us, as described in Section V. Conditions, of such circumstances as soon as practicable but no later than: (i) 60 days after becoming aware; or (ii) The end of any applicable Extended Reporting Period; whichever is earlier. (2) Related Events All related “privacy events” will be considered one event and will be considered first discovered when the first of such related events is discovered. Related “privacy events” include all “privacy events” that are the same, related or continuous, or that arise from a common nucleus of facts, circumstances, events or acts. (3) Related Acts All acts, errors or omissions that result in the same or related “privacy events” will be considered one act, error or omission and will be considered to have occurred when the first of such related acts, errors or omissions occurred. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 4 of 13 d. This insurance applies to “privacy crisis management expenses” only if: (1) The “privacy crisis management expenses” are because of a “privacy event” to which this insurance applies; (2) The “privacy crisis management expenses” are incurred within 6 months from the date the “privacy event” was first discovered in accordance with Paragraph c. above or within 12 months as respects costs included in Section F. Definitions, Paragraph 3.j.(1)(e) Services for Individuals Affected by Personal Identity Event in the definition of “privacy crisis management expenses”; and (3) Any consultants, vendors or suppliers providing the materials or services included in “privacy crisis management expenses” are approved by us. 3. COVERAGE E CYBER EXTORTION EXPENSE - Insuring Agreement a. We will reimburse you for “cyber extortion expenses” that you have paid because of a “cyber extortion threat” to which this insurance applies. But the amount we will pay is limited as described in Section C. Limits of Insurance. No other obligation to pay sums or perform acts or services is covered. b. This insurance applies to a “cyber extortion threat” only if the "cyber extortion threat": (1) Takes place in the “coverage territory”; (2) Is first made against you during the policy period and; (3) Is reported to us as soon as practicable, but in no event more than 60 days after the date it is first made against you. c. Related Cyber Extortion Threat Events All related “cyber extortion threats” will be considered one “cyber extortion threat” event and will be considered first made when the first “cyber extortion threat” is received. Related “cyber extortion threat” events include all “cyber extortion threats” that are the same, related or continuous, or that arise from a common nucleus of facts, circumstances, events or acts. d. This insurance applies to “cyber extortion expenses” only if: (1) The “cyber extortion expenses” are because of a “cyber extortion threat” to which this insurance applies; and (2) The “cyber extortion expenses” are incurred within 6 months from the date the “cyber extortion threat” was first received by you in accordance with Paragraph b. above. 4. Exclusions a. Exclusions Applicable To Management Liability The following exclusion is added to Section II. Exclusions: This insurance does not apply under either Coverage A or Coverage B to: Electronic Information Security Event Damages, loss or expense arising directly or indirectly from an “electronic information security event”. b. Management Liability Exclusions Applicable to Cyber Liability, Privacy Crisis Management Expense And Cyber Extortion Expense All exclusions under Section II. Exclusions apply to Coverage C Cyber Liability, Coverage D Privacy Crisis Management Expense and Coverage E Cyber Extortion Expense, except: (1) The Electronic Information Security Event exclusion in 4.a. above does not apply to this Cyber Liability And Privacy Crisis Management Expense endorsement; (2) As respects Coverage D Privacy Crisis Management Expense, Exclusion 1. Other Applicable Coverage does not apply; and DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 5 of 13 (3) As respects Coverage D Privacy Crisis Management Expense and Coverage E Cyber Extortion Expense, exclusion d. Bodily Injury, Property Damage or Personal and Advertising Injury (in form VML101) or exclusion b. Bodily Injury, Property Damage or Personal and Advertising Injury (in form VML102), as applicable, do not apply to: (a) Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or (b) Oral or written publication in any manner of material that violates a person's right of privacy. c. Exclusions Applicable To Coverage C Cyber Liability The following exclusion applies to Coverage C Cyber Liability: This insurance does not apply to: 1. General Liability Damages, loss or expense that your General Liability Coverage Form applies to. This includes any damages, loss or expense that your General Liability Coverage Form would apply to except for the exhaustion of its limits, its cancellation prior to the end of its policy period or your failure to fulfill its requirements. d. Exclusions Applicable to Cyber Liability, Privacy Crisis Management Expense, And Cyber Extortion Expense The following exclusions apply to Coverage C Cyber Liability, Coverage D Privacy Crisis Management Expense and Coverage E Cyber Extortion Expense: This insurance does not apply to: 1. Failure to Follow Risk Management Procedures and Inadequacy of Software Damages, loss, or expense arising directly or indirectly from: a. Any shortcoming in security that you knew about prior to the inception of this policy and for which you failed to take corrective action within a reasonable time, not to exceed 60 days; b. Your failure to comply with all data security standards issued by credit card issuers or financial institutions with whom you transact business, if you proc ess, store or handle credit card information; c. Your reckless disregard for the security of "personally identifiable information" and "confidential corporate information”; or d. The inability to use, or the lack of performance of, software: (1) Due to the expiration, cancellation, or withdrawal of such software; (2) That has not yet been released from its development stage; or (3) That has not passed all test runs or proven successful in applicable daily operations. 2. Unauthorized Collection of Personal Information Damages, loss or expense arising directly or indirectly from: a. The illegal, unauthorized or wrongful collection of “personally identifiable information”, including collection of “personally identifiable information” using cookies or malware, if committed by or with the knowledge of the insured; or b. The failure to provide required notice that such “personally identifiable information” is being collected. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 6 of 13 3. Governmental Seizure of Computer System Damages, loss or expense arising directly or indirectly from the seizure, confiscation, expropriation, nationalization, or destruction of a “computer system” by order of any governmental authority. 4. Known Prior Acts Any “electronic information security event” or “privacy event” that results from an act, error or omission that takes place prior to the inception date of this coverage part if the insured knew or reasonably should have foreseen that such act, error or omission would give rise to a “claim” or “privacy crisis management expenses”. 5. Prior Litigation Damages, loss or expense based upon, attributed to, arising out of, in consequence of, or in any way related to litigation or administrative or regulatory proceedings otherwise covered by this coverage part if such litigation or administrative or regulatory proceedings were initiated prior to or were pending on the inception date of this coverage part. B. SUPPLEMENTARY PAYMENTS For the purposes of the coverage provided by this endorsement: All references to Supplementary Payments under Section I. Coverages are replaced by Supplementary Payments - Coverages A and C. C. LIMITS OF INSURANCE 1. For the purposes of the coverage provided by Coverage D Cyber Liability of this endorsement the following revisions are made to Section IV. Limits Of Insurance: a. Paragraph 2. is replaced by the following: 2. The Aggregate Limit is the most we will pay for the sum of: a. Monetary damages under Coverage A; b. “Defense expense” under Coverage B; and c. Monetary damages under Coverage C; for each Named Insured shown in the Declarations. b. The following paragraph is added: Subject to 2. above, the Cyber Liability Each Event Limit shown in the Schedule of this endorsement is the most we will pay under Coverage C for the sum of all monetary damages arising out of any one or all related “electronic information security event(s)”. 2. For the purposes of the coverage provided by Coverage D Privacy Crisis Management Expense and Coverage E Cyber Extortion Expense of this endorsement, the following is added to Section IV. Limits Of Insurance: Privacy Crisis Management Expense and Cyber Extortion Expense Limits of Insurance 1. The Privacy Crisis Management Expense and Cyber Extortion Expense Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of “privacy crisis management expenses” under Coverage D and “cyber extortion expenses” under Coverage E, regardless of the number of persons, “privacy events”, “cyber extortion threats” or entities covered by this policy. 2. Subject to the Privacy Crisis Management Expense and Cyber Extortion Expense Aggregate Limit, the Privacy Crisis Management Expense Each Event Limit is the most we will pay under Coverage D for the sum of all “privacy crisis management expenses” arising out of any one or all related “privacy event(s)”. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 7 of 13 3. Subject to the Privacy Crisis Management Expense and Cyber Extortion Expense Aggregate Limit, the Cyber Extortion Expense Each Event Limit is the most we will pay under Coverage F for the sum of all “cyber extortion expenses” arising out of any one or all related “cyber extortion threat” event(s). 4. The Privacy Crisis Management Expense and Cyber Extortion Expense Aggregate Limit applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the 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 preceding period for the purposes of determining the Limit of Insurance. D. CONDITIONS 1. For the purposes of the coverage provided by Coverage C of this endorsement: a. In Condition 2. the following is added: You must cooperate with us and our designated representatives in the provision of the services described in “privacy crisis management expense”. b. The following condition is added: 11. Deductible - Coverage C No deductible applies to Coverage C. 2. For the purposes of the coverage provided by Coverage D and Coverage E of this endorsement, the following conditions are added: 12. Duties in the Event of a Privacy Event or a Cyber Extortion Threat a. You must notify us as soon as practicable of a “privacy event” or “cyber extortion threat”, but in no event later than 60 days after you incur “privacy crisis management expenses” or “cyber extortion expenses” for which coverage will be requested under this endorsement. b. With respect to a “privacy event”, you must notify us in writing as soon as practicable but no later than sixty days after the first discovery of the “privacy event” by you. Notice must include: (1) How, when and where the “privacy event” took place; (2) A description of the “privacy event”; (3) The number of individuals and type of personal identification involved in a “personal identity event”; and (4) Upon request by us, the names and addresses of individuals affected by a “personal identity event”. c. With respect to a “cyber extortion threat”, you must notify us in writing as soon as practicable but no later than sixty days after the first “cyber extortion threat” is received by you. Notice must include: (1) How, when and where the “cyber extortion threat” took place; (2) A description of the “cyber extortion threat”; and (3) Names and addresses of the negotiator or investigator retained by you in connection with a “cyber extortion threat”. d. You must provide us all information and assistance that we request and cooperate with us and our designated representatives in the: (1) Investigation of any “privacy event” or any acts, errors or omissions that may result in a “privacy event”; and (2) Provision of the services described in “privacy crisis management expense”. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 8 of 13 13. Deductible - Coverage D and Coverage E Our obligation to pay “privacy crisis management expenses” or “cyber extortion expenses” on your behalf applies only to the amount of such expense in excess of any deductible amount shown in the above schedule. This deductible applies to each occurrence of a “privacy event” or a “cyber extortion threat” event. 14. Your Right to Claim Information Upon request, we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding coverage part we have issued to you during the previous three years: a. A list or other record of each “electronic information security event” or “privacy event”, not previously reported to any other insurer, of which we were notified in accordance with Paragraph 2.a. or Paragraph 12. of this section. We will include the date and a brief description of such “electronic information security event” or “privacy event” if that information was in the notice we received. b. A summary, by policy year, of payments made and amounts reserved. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant's representative without our consent. We compile claim and related information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first 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 non -renewal will be effective even if we inadvertently provide inaccurate information. 3. For the purposes of the coverage provided by Coverage C, D and Coverage E of this endorsement the following is added to Condition 5. Other Insurance: However, if the insured has another policy, coverage part or endorsement issued by us or one of our affiliated companies that applies to a loss or expense we cover under this Cyber Liability And Privacy Crisis Management Expense endorsement, the most we will pay in total is the single largest applicable limit. This does not apply to a policy bought specifically to apply in excess of this policy. E. EXTENDED REPORTING PERIODS – Applicable to Coverage C – Cyber Liability and Coverage D – Privacy Crisis Management Expense 1. We will provide one or more Extended Reporting Periods, as described in items 3. and 4. below, if: a. The policy or coverage part to which this endorsement is attached is cancelled or not renewed; b. This endorsement is removed; or c. We renew or replace this endorsement with insurance that does not apply to an “electronic information security event” and/or a “privacy event” on a first discovered and reported basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to: a. “Claims” arising out of an “electronic information security event”; or b. “Privacy crisis management expenses” incurred as a result of a “privacy event”; that is caused by an act, error or omission that occurred on or after the Cyber Liability Retroactive Date or Privacy Crisis Management Expense Retroactive Date, as applicable, and before the end of the policy period. Once in effect, Extended Reporting Periods may not be cancelled. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 9 of 13 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for sixty days. The Basic Extended Reporting Period does not apply to “electronic information security events” and/or “privacy events” that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such “electronic information security events” and/or “privacy events”. A Basic Extended Reporting Period does not reinstate or increase the Limit of Insurance. 4. A Supplemental Extended Reporting Period of five years is available, but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so, we will take into account the following: a. The exposures insured; b. Previous types and amounts of insurance; c. Limit of Insurance available under this coverage; and d. Other related factors. The additional premium will not exceed 200% of the annual premium for this coverage . This endorsement shall set forth the terms, not inconsistent with this section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for “electronic information security events” and/or “privacy events” first discovered during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. 5. If this Supplemental Extended Reporting Period is in effect, we will provide the separate Aggregate Limit of Insurance described below, but only for “electronic information security events” first discovered during the Supplemental Extended Reporting Period. The separate Aggregate Limit of Insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for the Aggregate Limit. The applicable Cyber Liability Each Event Limit will continue to apply. If there is a Supplemental Extended Reporting Period in force for any other coverage under this policy that was subject to the original Aggregate Limit, this separate Aggregate Limit is shared with that other coverage. Any payments made under a Supplemental Extended Reporting Period for those other coverages will reduc e this separate Aggregate Limit. 6. If this Supplemental Extended Reporting Period is in effect, we will provide the separate Privacy Crisis Management Expense Aggregate Limit of Insurance described below, but only for “privacy events” first discovered during the Supplemental Extended Reporting Period. The separate Privacy Crisis Management Expense Aggregate Limit will be equal to the dollar amount shown in the Schedule in effect at the end of the policy period for the Privacy Crisis Management Expense Aggregate Limit. The applicable Privacy Crisis Management Expense Each Event Limit will continue to apply. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 10 of 13 F. DEFINITIONS For the purposes of the coverage provided by this endorsement, the following changes are made to Section VIII. Definitions: 1. The following definition is amended: a. Definition 16. “wrongful act” is amended to include the following: “Wrongful act” also means an “electronic information security event”. 2. The following definitions are replaced: a. Definition 4. “coverage territory” is replaced by the following: 4. “Coverage territory” means worldwide, but the “electronic information security event”, “privacy event” or “cyber extortion threat” must take place in the United States of America (including its territories and possessions), Puerto Rico or Canada. b. Definition 12. “property damage” is replaced by the following: 12. “Property damage” means: a. Physical injury to tangible property, including all resulting loss of use of that property; and b. Loss of use of tangible property that is not physically injured but results from a. above. For the purposes of this insurance, “electronic data” is not tangible property. 3. The following definitions are added: a. “Computer system” means the following: (1) Computers, including Personal Digital Assistants (PDAs) and other transportable or hand held devices, electronic storage devices and related peripheral components; (2) Systems and applications software; and (3) Communications networks (including the internet, intranets, extranets, virtual private networks, or cloud computing environments) to the extent used by the items in (1) and (2) above; by which “electronic data” is collected, transmitted, processed, stored or retrieved; and (4) “Computer system” includes “electronic data” that is (a) Stored on any of the items described in item (1) above; or (b) Temporarily outside of the “computer system” for use by an insured or an employee of an entity that has such information under a formal agreeme nt with you. b. “Confidential corporate information” means any commercial trade secret, data, design, interpretation, forecast, formula, method, practice, process record, report or other item of information of a non-insured third party, and which is: (1) In your care, custody or control; (2) Not available to the general public; and (3) (a) Provided to you under a mutually agreed upon written confidentiality/non-disclosure agreement; or (b) Marked confidential or otherwise specifically designated in writing as confidential by such third party. c. “Corporate privacy event” means: (1) Unauthorized disclosure by you of “confidential corporate information” or your failure to protect “confidential corporate information” from misappropriation; (2) Failure by you to disclose or warn of an actual or potential disclosure or misappropriation of “confidential corporate information”, but only if this policy applies to such disclosure or misappropriation and it resulted directly from (1) above; or DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 11 of 13 (3) Violation of any federal or state privacy statute addressing disclosure or misappropriation of “confidential corporate information”, but only if: (a) This policy applies to such disclosure or misappropriation and it resulted directly from (1) or (2) above; and (b) The violation is not willful. d. “Cyber extortion expenses” means: (1) The reasonable and necessary expenses paid by you in response to a “cyber extortion threat” to the party that made the “cyber extortion threat” for the purposes of eliminating the “cyber extortion threat”; and (2) The expense you incur to complete the mandatory transaction in (1). e. “Cyber extortion threat” means a demand for monetary payment from you based on a credible threat, or series of related credible threats to: (1) Launch a denial of service attack against your “computer system” for the purpose of denying you or authorized third party users access to your services provided through the “computer system” via the internet; (2) Gain access to your “computer system” and use that access to steal, release or publish “personally identifiable information”, or “confidential corporate information”; (3) Alter, damage or destroy “electronic data” that is stored within your “computer system”; (4) Launch a “computer attack” against your “computer system” in order to alter, damage or destroy “electronic data” while such “electronic data” is stored within your “computer system”; or (5) Cause you to transfer, pay or deliver any funds or property using a “computer system” without your authorization. “Cyber extortion threat” does not mean or include any threat made in connection with a legitimate commercial dispute. f. “Electronic data” means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. g. “Electronic information security event” means: (1) Transmission of malware from your “computer system” to a third party; (2) The inability of an authorized user to access your web site or your “computer system” because of a denial of service attack; (3) A “personal identity event”, but this is limited to information that is obtained or released directly from (a) Your “computer system”; or (b) The “computer system” of an entity that has such information under a formal agreement with you; or (4) A “corporate privacy event”, but this is limited to information that is obtained or released directly from your “computer system”. As used in this definition, a denial of service attack means an intentional attack directly on your ”computer system” that prevents or slows down access to your web site or your computer network. h. “Personally identifiable information” means any of the following in your care, custody or control: (1) Information from which an individual may be uniquely and reliably identified or contacted, including an individual’s name, telephone number, social security number, drivers license number, state identification number, account relationships, account numbers, account balances, account histories, access codes, and passwords; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 12 of 13 (2) Information concerning an individual that would be considered nonpublic personal information within the meaning of Title V of the Gramm-Leach Bliley Act of 1999 as implemented and amended; and (3) Information concerning an individual that would be considered protected health information within the Health Insurance Portability and Accountability Act of 1996 as implemented and amended. i. “Personal identity event” means: (1) Unauthorized disclosure by you of “personally identifiable information” or your failure to protect “personally identifiable information” from misappropriation. (2) Failure by you to disclose or warn of an actual or potential disclosure or misappropriation of “personally identifiable information”, but only if this policy applies to such disclosure or misappropriation and it resulted directly from (1) above; or (3) Violation of any federal or state privacy statute addressing disclosure or misappropriation of “personally identifiable information”, but only if: (a) This policy applies to such disclosure or misappropriation and it resulted directly from (1) or (2) above; and (b) The violation is not willful. j. “Privacy crisis management expense” means: (1) Reasonable and necessary fees and expenses for: (a) Computer Forensic Analysis An approved outside vendor to conduct a computer forensic analysis with reasonable allocation of time and resources to investigate your “computer system” to determine the cause and extent of the “privacy event”; (b) Crisis Management Review and Advice The approved crisis management or legal firm to review the “privacy event” and advise you on the appropriate response; (c) Travel Expenses Travel by directors, “executive officers”, partners, or “employees” of the insured, that is done to mitigate the damage from the “privacy event”; (d) Notification to Affected Parties Printing, advertising, mailing of materials or other costs to provide notice to affected parties of the “privacy event” for the purposes of maintaining goodwill or compliance with any notification requirements imposed by law; and (e) Services for Individuals Affected by Personal Identity Event The following services provided to any individual whose personal identification is the subject of a “personal identity event”, but only if the primary purpose of such services is mitigating the effect of the “personal identity event”: (i) Call Center Services Reasonable fees and expenses to establish, maintain and provide call center services; (ii) Credit Monitoring Services Credit file monitoring services; or (iii) Other Services Reasonable fees and expenses for any other service specifically approved by us in writing. (2) However, “privacy crisis management expenses” shall not include: (a) Compensation, fees, benefits or overhead of any insured or “employee” of any insured; DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VML306 (12-17) MANAGEMENT LIABILITY Copyright 2017 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 13 of 13 (b) Costs or expenses that would have been incurred in the absence of the “privacy event”; (c) Costs or expenses associated with upgrading, maintaining, improving, repairing or remediating any “computer system” as a result of a “privacy event”; or (d) Costs or expenses associated with upgrading, maintaining, improving, repairing or remediating any procedures, services or property as a result of a “privacy event”. k. “Privacy event” means any one of the following events: (1) A “corporate privacy event”; or (2) A “personal identity event”. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VML310 (08/14A) MANAGEMENT LIABILITY Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 AMENDATORY ENDORSEMENT MANAGEMENT LIABILITY This endorsement modifies insurance provided under the following: MANAGEMENT LIABILITY COVERAGE PART The following revisions are made to the Management Liability Coverage Form: 1. HIPAA Fines and Penalties HIPAA Fines and Penalties Schedule Limit of Insurance $100,000 Each HIPAA Claim $100,000 Aggregate The exclusion for Fines in Section II. Exclusions is replaced by the following: Fines Fines, penalties and taxes, including those imposed by the Internal Revenue Service code or any similar state or local code. Except for violations due to willful neglect as defined by the Health Insurance Portability and Accountability Act (HIPAA), this exclusion does not apply to the payment of fines and penalties assessed for HIPAA violations up to the limit of insurance shown in the above HIPAA Fines and Penalties Schedule for the coverage provided under Coverage A. The Each HIPAA Claim Limit of Insurance is part of and not in addition to the Each Wrongful Act Limit shown on the Declarations. The Aggregate Limit of Insurance is part of and not in addition to the Aggregate Limit shown in the Declarations. 2. FLSA Suit Defense Only Coverage FLSA Defense Costs Schedule Limit of Insurance $100,000 Each FLSA Claim $100,000 Aggregate a. The exclusion for Wage and Hour Laws in Section II. Exclusions is replaced by the following: Wage and Hour Laws Back wages, overtime or similar damages if specified by the Fair Labor Standards Act (FLSA) of 1938, as amended, or any other wage or hour laws. However, this exclusion does not apply to “defense costs” as a result of a "suit" for such back wages, overtime or similar damages, Our duty to defend ends upon payment of the Each FLSA Claim Limit of Insurance shown in the above FLSA Defense Costs Schedule for “defense costs” for such “suit”. The Aggregate DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VML310 (08/14A) MANAGEMENT LIABILITY Copyright 2013 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 Limit of Insurance is the most we will pay for FLSA Suit Defense Only Coverage arising out of all “suits” in any one policy period. b. The following definitions only apply to this FLSA Suit Defense Only Coverage: "Defense costs" means fees or expenses for: (1) Legal fees; (2) Court costs; (3) Expert witnesses; and (4) The cost of court bonds, but we do not have to furnish these bonds. "Suit" means a civil proceeding in which damages arising out of an offense or "wrongful act" are alleged. "Suit" includes: (1) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or (2) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. But “suit” does not mean any ethical conduct review or enforcement action, or disciplinary review or enforcement action. 3. Spouses, Estates, Heirs, and Legal Representatives added as Insureds The following additions are made to Paragraph 2. Of Section III. Who Is An Insured: e. Spouses. The spouse of an insured but only for claims arising solely out of his or her status as such. f. Estates, Heirs and Legal Representatives. If an insured is deceased, the estates, heirs, legal representatives, and assigns, but only for claims arising solely out of their status as such. In the event of the incompetency, insolvency or bankruptcy of an insured, the legal representative of such insured, but only for claims arising solely out of their status as legal representative. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VMLCO1 (02/04) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 2 COLORADO DISCLOSURE FORM - CLAIMS MADE COVERAGE IMPORTANT NOTICE TO COLORADO POLICYHOLDERS THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR FEATURES OF OUR EMERGENCY SERVICE ORGANIZATION MANAGEMENT LIABILITY CLAIMS MADE COVERAGE PART. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. Your coverage part is written on a claims made basis. Its liability coverage applies only: (1) to damages that result from offenses or wrongful acts in your operations which occur prior to the end of the policy period, if you did not give notice to any prior insurer or you did not know that such offense or wrongful act was likely to result in a claim, AND (2) the claim is made against you after the inception date of the policy and before the end of the policy period. OCCURRENCE VS. CLAIMS MADE There is no difference in the kinds of damage covered by either an occurrence policy or a claims made policy. claims for damages may be assigned to different policy periods, however, depending on which type of policy you have purchased. In an occurrence policy, coverage is provided for liability because of accidents or occurrences THAT HAPPEN DURING THE POLICY PERIOD, no matter when the claim is made. In your claims made policy, coverage is provided for liability IF THE claim FOR MONETARY DAMAGES IS FIRST MADE DURING THE POLICY PERIOD. The claim mus t be a demand for damages by an injured party. PRINCIPAL BENEFITS This coverage part provides you with coverage for liability claims, up to the amount indicated in the Declarations. It will also defend you against any claim covered by the policy. You should read your policy carefully and consult your agent with any questions you might have. In addition to the above, following are some other general points which summarize some of the main features of your coverage part. EXCEPTIONS, EXCLUSIONS AND LIMITATIONS Your Emergency Service Organization Management Liability claims made coverage part contains certain exceptions, exclusions and limitations. Some of them are: The coverage part does not apply to: Bodily injury, property damage or personal and advertising injury, Pollution, Administration of any self-insurance fund, DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VMLCO1 (02/04) MANAGEMENT LIABILITY Copyright 2002 American Alternative Insurance Corporation. All rights reserved. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 2 of 2 Medical incidents arising out of providing or failing to provide professional health care services, Fines and penalties, or Any obligation related to a surety bond. There may be a deductible applicable to liability claims and defense costs. The above is a partial list of the exceptions, exclusions and limitations. Please refer to your coverage part for a complete review of all terms and conditions. SPECIAL CLAIMS MADE PROVISIONS In addition to the characteristics of claims made policies reviewed above, there are some special claims made provisions of which you should be aware. 1. Retroactive Date Many claims made policies contain a retroactive date. Offenses or wrongful acts prior to the retroactive date would not be covered by the policy. Your Emergency Service Organization Management Liability coverage part does NOT contain a retroactive date. 2. Awareness Provision If during the policy period you become aware of an offense or wrongful act, you must give written notice to the company when you first become aware of it. Your written notification must contain information that describes the specific offense or wrongful act, and any damages which have resulted or may result. If you give the company the appropriate written notice during the policy period, any claims that may later arise shall be deemed to have been made during the policy period. 3. Extended Reporting Periods Claims made policies only respond to claims made during the policy period. Recognizing there may be a delay in a claim arising from an otherwise covered offense or wrongful act happening prior to the end of the policy period, a Basic Extended Reporting Period of 60 days is provided for no additional premium. Otherwise covered claims reported to you or us during that 60 day period shall be deemed to have been made within the policy period. A Supplemental Extended Reporting Period of unlimited duration is available for an additional premium. This extends the period for reporting a claim to an unlimited time period, and the claim shall be deemed to have been made within the policy period. 4. Renewal Provisions The premiums for renewals of many claims made policies with retroactive dates increase automatically. Your claims made coverage part does not have a retroactive date, so there is no reason to have an automatic increase in premium for that reason. However, as with any type of insurance, there are other factors which could cause a change in the renewal premium. This disclosure form is not your policy. It merely describes some of the major features of your Management Liability coverage part. You should read your policy carefully to determine what is and is not covered. Only the provisions of your policy determine the scope of your insurance protection. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VMLCO2 (02/13) Copyright, American Alternative Insurance Corporation, 2012. Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 COLORADO CHANGES This endorsement modifies insurance provided under the following: MANAGEMENT LIABILITY COVERAGE PART (CLAIMS MADE) 1. When this endorsement is attached to VML101, Public Officials and Management Liability Coverage Part (Claims Made), Condition 10. Your Right to Claim Information of SECTION V. CONDITIONS is replaced by the following: 10. Your Right To Claim Information Upon request, we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding coverage part we have issued to you during the previous three years: a. A list or other record of each ‘‘wrongful act’’ or other offense not previously reported to any other insurer, of which we were notified in accordance with paragraph 2.a. or paragraph 3.a. of this section. We will include the date and brief description of the act, error or omission if that information was in the notice we received. b. A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable 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 the coverage part, 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. In this case, we will provide this information within 30 days of receipt of the request. We compile claim and related information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first 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 non-renewal will be effective, even if we inadvertently provide inaccurate information. 2. When endorsement VML306, Cyber Liability and Privacy Crisis Management Expense, is attached, Condition 14. Your Right to Claim Information is replaced by the following: 14. Your Right To Claim Information Upon request, we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding Cyber Liability endorsement we have issued to you during the previous three years: a. A list or other record of each ‘‘electronic information security event’’ or ‘‘privacy event’’, not previously reported to any other insurer, of which we were notified in accordance with paragraph 2.a. or 3.a. of this section. We will include the date and a brief description of the ‘‘electronic information security event’’ or ‘‘privacy event’’ if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved, stated separately, under any applicable Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant’s representative without our consent. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: Policy Period: From To COMMERCIAL EXCESS LIABILITY COVERAGE PART DECLARATIONS Limits of Insurance Each Occurrence Limit Products - Completed Operations Aggregate Limit (where applicable) Aggregate Limit Retroactive Date See Schedule of Controlling (applicable to Claims Made coverages) Underlying Insurance Estimated Coverage Part Premium: Taxes, Fees and Surcharges: Total Premium: Commercial Excess Liability Forms See Schedule of Forms and Endorsements. This coverage part consists of these declarations, the schedule of controlling underlying insurance, the schedule of forms and endorsements, and any forms and endors ements we may later attach to reflect changes. VFIS-TR-2064054-09/000 07-10-2018 07-10-2019 06-21-2018 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY $ 5,000,000 $10,000,000 $10,000,000 $ 2,750.00 $ 2,750.00 THIS COVERAGE PART CONTAINS CLAIMS MADE COVERAGE. PLEASE READ IT CAREFULLY. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: VFIS-TR-2064054-09/000 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE Policy Period: From 07-10-2018 To 07-10-2019 SCHEDULE OF CONTROLLING UNDERLYING INSURANCE Controlling Underlying Insurer Type of Coverage Limits of Insurance EXS100 (02-10) 06-21-2018 Automobile Liability Name: AMERICAN ALTERNATIVE INSURANCE CORPORATION Bodily Injury Liability – Each Person Bodily Injury Liability – Each Accident Policy Number: VFISTR2064054-09 Property Damage Liability – Each Accident Policy Period: or 07/10/2018 to 07/10/2019 $1,000,000 Combined Single Limit General Liability Name: AMERICAN ALTERNATIVE INSURANCE CORPORATION $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury Policy Number: VFISTR2064054-09 $2,000,000 General Aggregate $2,000,000 Products–Completed Operations Aggregate Policy Period: 07/10/2018 to 07/10/2019 [ X ] Occurrence [ ] Claims Made Management Liability Name: AMERICAN ALTERNATIVE INSURANCE CORPORATION $1,000,000 Each Wrongful Act or Offense Policy Number: $2,000,000 Aggregate VFISTR2064054-09 NONE Retroactive Date Policy Period: 07/10/2018 to 07/10/2019 [ ] Occurrence [ X ] Claims Made DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 Named Insured: Policy Number: VFIS-TR-2064054-09/000 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE Policy Period: From 07-10-2018 To 07-10-2019 SCHEDULE OF CONTROLLING UNDERLYING INSURANCE Controlling Underlying Insurer Type of Coverage Limits of Insurance EXS100 (02-10) 06-21-2018 Employer’s Liability Name: SEE CONTROLLING UNDERLYING INSURANCE $100,000 Bodily Injury by Accident – Each Accident Policy Number: $500,000 Bodily Injury by Disease – Policy Limit $100,000 Bodily Injury by Disease – Each Employee Policy Period: to DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CX 00 01 04 13 CX 00 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 5 COMMERCIAL EXCESS 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 , and any other person or organization qualifying as a Named Insured under this policy. 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 the ‘‘controlling underlying insurance’’. Other words and phrases that appear in quotation marks in this Coverage Part have special meaning. Refer to Section IV ---- Definitions. Other words and phrases that are not defined under this Coverage Par t but defined in the ‘‘controlling underlying insurance’’ will have the meaning described in the policy of ‘‘controlling underlying insurance’’. The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable ‘‘controlling underlying insurance’’, unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will apply. However, the coverage provided under this Coverage Part will not be broader than that provided by the applicable ‘‘controlling underlying insurance’’. There may be more than one ‘‘controlling underlying insurance’’ listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the ‘‘controlling underlying insurance’’ applicable to the particular ‘‘event’’ for which a claim is made or s uit is brought will apply. SECTION I ---- COVERAGES 1. Insuring Agreement a. We will pay on behalf of the insured the ‘‘ultimate net loss’’ in excess of the ‘‘retained limit’’ because of ‘‘injury or damage’’ to which insurance provided under this Coverage Part applies. We will have the right and duty to defend the insured against any suit seeking damages for such ‘‘injury or damage’’ when the applicable limits of ‘‘controlling underlying insurance’’ have been exhausted in accordance with the provisions of such ‘‘controlling underlying insurance’’. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for ‘‘injury or damage’’. However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply. At our discretion, we may investigate any ‘‘event’’ that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1) The amount we will pay for ‘‘ultimate net loss’’ is limited as described in Section II ---- Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this Coverage Part. However, if the policy of ‘‘controlling underlying insurance’’ specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settlements under this Coverage Part. b. This insurance applies to ‘‘injury or damage’’ that is subject to an applicable ‘‘retained limit’’. If any other limit, such as, a sublimit, is specified in the ‘‘controlling underlying insurance’’, this insurance does not apply to ‘‘injury or damage’’ arising out of that exposure unless that limit is specified in the Declarations under the Schedule of ‘‘controlling underlying insurance’’. c. If the ‘‘controlling underlying insurance’’ requires, for a particular claim, that the ‘‘injury or damage’’ occur during its policy period in order for that coverage to apply, then this insurance will only apply to that ‘‘injury or damage’’ if it occurs during the policy period of this Coverage Part. If the ‘‘controlling underlying insurance’’ requires that the ‘‘event’’ causing the particular ‘‘injury or damage’’ takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the ‘‘event’’ causing that ‘‘injury or damage’’ takes place during the policy period of this Coverage Part. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 d. Any additional insured under any policy of ‘‘controlling underlying insurance’’ will automatically be an additional insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance required by the contract, less any amounts payable by any ‘‘controlling underlying insurance’’. Additional insured coverage provided by this insurance will not be broader than coverage provided by the ‘‘controlling underlying insurance’’. 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this Coverage Part. In addition, the exclusions applicable to any ‘‘controlling underlying insurance’’ apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Coverage Part. Insurance provided under this Coverage Part does not apply to: a. Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable ‘‘controlling underlying insurance’’. b. Auto Any loss, cost or expense payable under or resulting from any of the following auto coverages: (1) First-party physical damage coverage; (2) No-fault coverage; (3) Personal injury protection or auto medical payments coverage; or (4) Uninsured or underinsured motorists coverage. c. Pollution (1) ‘‘Injury or damage’’ which would not have occurred, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, 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. This exclusion does not apply to the extent that valid ‘‘controlling underlying insurance’’ for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for ‘‘injury or damage’’. 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. SECTION II ---- LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any ‘‘controlling underlying insurance’’. 2. The Limits of Insurance of this Coverage Part will apply as follows: a. This insurance only applies in excess of the ‘‘retained limit’’. b. The Aggregate Limit is the most we will pay for the sum of all ‘‘ultimate net loss’’, for all ‘‘injury or damage’’ covered under this Coverage Part. However, this Aggregate Limit only applies to ‘‘injury or damage’’ that is subject to an aggregate limit of insurance under the ‘‘controlling underlying insurance’’. c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for the sum of all ‘‘ultimate net loss’’ under this insurance because of all ‘‘injury or damage’’ arising out of any one ‘‘event’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 d. If the Limits of Insurance of the ‘‘controlling underlying insurance’’ are reduced by defense expenses by the terms of that policy, any payments for defense expenses we make will reduce our applicable Limits of Insurance in the same manner. 3. If any ‘‘controlling underlying insurance’’ has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the ‘‘retained limit’’ will only be reduced or exhausted by payments made for ‘‘injury or damage’’ covered under this insurance. The Aggregate Limit of this Coverage Part applies separately to each consecutive annual period of this Coverage Part and to any remaining period of this Coverage Part 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 purpos es of determining the Limits of Insurance. SECTION III ---- CONDITIONS The following conditions apply. In addition, the conditions applicable to any ‘‘controlling underlying insurance’’ are also applicable to the coverage provided under this insurance unless superseded by the following conditions. 1. Appeals If the ‘‘controlling underlying insurer’’ or insured elects not to appeal a judgment in excess of the amount of the ‘‘retained limit’’, we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II ---- Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy or insolvency of the ‘‘controlling underlying insurer’’ will not relieve us of our obligations under this Coverage Part. However, insurance provided under this Coverage Part will not replace any ‘‘controlling underlying insurance’’ in the event of bankruptcy or insolvency of the ‘‘controlling underlying insurer’’. The insurance provided under this Coverage Part will apply as if the ‘‘controlling underlying insurance’’ were in full effect and recoverable. 3. Duties In The Event Of An Event, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an ‘‘event’’, regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1) How, when and where the ‘‘event’’ 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 ‘‘event’’. b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other insured involved must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of ‘‘injury or damage’’ to which this 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. 4. First Named Insured Duties The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any ‘‘controlling underlying insurance’’ and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Part. 5. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. 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. c. We will mail or deliver our notice to the first Named Insured’s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 6. Changes This Coverage Part contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Part with our consent. This Coverage Part’s terms can be amended or waived only by endorsement. 7. Maintenance Of/Changes To Controlling Underlying Insurance Any ‘‘controlling underlying insurance’’ must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such ‘‘controlling underlying insurance’’ that results from ‘‘injury or damage’’ to which this insurance applies. Such exhaustion or reduction is not a failure to maintain ‘‘controlling underlying insurance’’. Failure to maintain ‘‘controlling underlying insurance’’ will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the ‘‘controlling underlying insurance’’ were in full effect. The first Named Insured must notify us in writing, as soon as practicable, if any ‘‘controlling underlying insurance’’ is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any ‘‘controlling underlying insurance’’ is changed. 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured’s rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the ‘‘ultimate net loss’’ that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. 9. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. If this policy is auditable, the premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 10. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured’s ‘‘controlling underlying insurer’’ has become obligated to pay the ‘‘retained limit’’; and b. The obligation of the insured to pay the ‘‘ultimate net loss’’ in excess of the ‘‘retained limit’’ has been determined by a final settlement or judgment or written agreement among the insured, claimant, ‘‘controlling underlying insurer’’ (or a representative of one or more of these) and us. 11. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, ‘‘controlling underlying insurer’’ and the claimant or the claimant’s legal representative. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of ‘‘controlling underlying insurance’’ have been exhausted, in accordance with the provisions of ‘‘controlling underlying insurance’’, we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the ‘‘controlling underlying insurance’’ had the applicable limit not been exhausted. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Part of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the ‘‘controlling underlying insurance’’ had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Part, we will cooperate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION IV ---- DEFINITIONS The definitions applicable to any ‘‘controlling underlying insurance’’ also apply to this insurance. In addition, the following definitions apply. 1. ‘‘Controlling underlying insurance’’ means any policy of insurance or self-insurance listed in the Declarations under the Schedule of ‘‘controlling underlying insurance’’. 2. ‘‘Controlling underlying insurer’’ means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of ‘‘controlling underlying insurance’’. 3. ‘‘Event’’ means an occurrence, offense, accident, act, or other event, to which the applicable ‘‘controlling underlying insurance’’ applies. 4. ‘‘Injury or damage’’ means any injury or damage, covered in the applicable ‘‘controlling underlying insurance’’ arising from an ‘‘event’’. 5. ‘‘Retained limit’’ means the available limits of ‘‘controlling underlying insurance’’ applicable to the claim. 6. ‘‘Ultimate net loss’’ means the total sum, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Settlements, judgments, binding arbitration; or b. Other binding alternate dispute resolution proceeding entered into with our consent. ‘‘Ultimate net loss’’ includes defense expenses if the ‘‘controlling underlying insurance’’ specifies that limits are reduced by defense expenses. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CX 02 07 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 02 07 09 08 ISO Properties, Inc., 2007 Page 1 of 1 COLORADO CHANGES --- CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. Paragraph 5.b. of the Cancellation Provisions of Section III ---- Conditions is replaced by the follow- ing: b. 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 cancella- tion if we cancel for nonpayment of pre- mium; or 2. 30 days before the effective date of cancella- tion if we cancel for any other reason. B. The following is added to Paragraph 5. Cancella- tion of Section III ---- Conditions: g. Cancellation Of Policies In Effect For 60 Days Or More 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 rea- son. 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 the policy unless the first Named Insured has notified us of the change and we accept such change. C. Paragraph 13. When We Do Not Renew of Section III ---- Conditions is replaced by the following: 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. 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 writ- ten notice of our intention, including the actual rea- son, to the first Named Insured’s last mailing ad- dress known to us, at least 45 days before the ef- fective 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 in- sured 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 pol- icy 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CX 21 01 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 01 09 08 ISO Properties, Inc., 2007 Page 1 of 2 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions: 2. Exclusions NUCLEAR ENERGY LIABILITY a. Under any Liability Coverage, to ‘‘injury or damage’’: (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of li- ability; or (2) Resulting from the ‘‘hazardous properties’’ of ‘‘nuclear material’’ and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the in- sured 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 organi- zation. b. Under any Liability Coverage, to ‘‘injury or damage’’ resulting from ‘‘hazardous properties’’ of ‘‘nuclear material’’, if: (1) The ‘‘nuclear material’’ (a) is at any ‘‘nuclear facility’’ owned by, or operated by or on be- half of, an insured or (b) has been dis- charged or dispersed therefrom; (2) The ‘‘nuclear material’’ is contained in ‘‘spent fuel’’ or ‘‘waste’’ at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an in- sured; or (3) The ‘‘injury or damage’’ arises out of the furnishing by an insured of services, mate- rials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any ‘‘nuclear facility’’, but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (3) applies only to property damage to such ‘‘nuclear facility’’ and any property thereat. c. As used in this endorsement: ‘‘Hazardous properties’’ includes radioactive, toxic or explosive properties. ‘‘Nuclear material’’ means ‘‘source material’’, ‘‘special nuclear material’’ or ‘‘by-product mate- rial’’. ‘‘Source material’’, ‘‘special nuclear material’’, and ‘‘by-product material’’ have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. ‘‘Spent fuel’’ means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a ‘‘nuclear reac- tor’’. ‘‘Waste’’ means any waste material (a) contain- ing ‘‘by-product material’’ other than the tailings or wastes produced by the extraction or con- centration of uranium or thorium from any ore processed primarily for its ‘‘source material’’ content, and (b) resulting from the operation by any person or organization of any ‘‘nuclear facility’’ included under the first two paragraphs of the definition of ‘‘nuclear facility’’. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 ‘‘Nuclear facility’’ means: (a) Any ‘‘nuclear reactor’’; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing ‘‘spent fuel’’, or (3) handling, processing or packaging ‘‘waste’’; (c) Any equipment or device used for the processing, fabricating or alloying of ‘‘special nuclear material’’ if at any time the total amount of such material in the custody of the ‘‘insured’’ at the premises where such equipment or device is lo- cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of ‘‘waste’’; and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such opera- tions. ‘‘Nuclear reactor’’ means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. ‘‘Injury or damage’’ includes all forms of radio- active contamination of property. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CX 21 13 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 13 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION --- FUNGI OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I ---- Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Fungi Or Bacteria a. ‘‘Injury or damage’’ which 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 ‘‘fungi’’ or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such ‘‘injury or damage’’. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, ‘‘fungi’’ or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any ‘‘fungi’’ or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. B. The following definition is added to the Definitions section: ‘‘Fungi’’ means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or released by fungi. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CX 21 30 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 30 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. Any endorsement addressing acts of terrorism (however defined) in any "controlling underlying insurance" does not apply to this excess insurance. The following provisions addressing acts of terrorism apply with respect to this excess insurance: If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for "injury or damage" that is otherwise excluded under this Coverage Part. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 POLICY NUMBER: COMMERCIAL EXCESS LIABILITY CX 24 01 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 24 01 09 08 ISO Properties, Inc., 2007 Page 1 of 1 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Products-completed Operations Aggregate Limit: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II ---- Limits Of Insurance is replaced by the following: 1. The Limits of Insurance shown in the Declarations, and the Schedule of this endorsement, and the fol- lowing rules fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any ‘‘controlling underly- ing insurance’’. 2. The Limits of Insurance will apply as follows: a. This insurance only applies in excess of the ‘‘retained limit’’. b. The Aggregate Limit is the most we will pay for the sum of all ‘‘ultimate net loss’’, for all ‘‘injury or damage’’ covered under this Coverage Part, except ‘‘ultimate net loss’’ because of ‘‘injury or damage’’: (1) That is not subject to an aggregate limit of insurance under the ‘‘controlling underlying insurance’’; or (2) Included in the products-completed opera- tions hazard. c. The Products-completed Operations Aggregate Limit shown in the Schedule of this endorse- ment is the most we will pay for the sum of all ‘‘ultimate net loss’’ under this insurance be- cause of all ‘‘injury or damage’’ included in a products-completed operations hazard. d. Subject to Paragraph b. or c. of this endorse- ment, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of all ‘‘ultimate net loss’’ under this insurance be- cause of all ‘‘injury or damage’’ arising out of any one ‘‘event’’. 3. If any ‘‘controlling underlying insurance’’ has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the ‘‘retained limit’’ will only be re- duced or exhausted by payments made for ‘‘injury or damage’’ covered under this insurance. The Aggregate Limits, as described in Paragraphs b. and c. above, apply separately to each consecutive annual period of this Coverage Part and to any re- maining period of this Coverage Part of less than 12 months, starting with the beginning of the policy pe- riod 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 addi- tional period will be deemed part of the last preceding period for purposes of determining the Limits of In- surance. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CX 27 12 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 27 12 05 11 Insurance Services Office, Inc., 2010 Page 1 of 1 COLORADO CHANGES --- UNDERLYING CLAIMS-MADE COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to Section Ill ---- Conditions: Your Right To Claim And Event Information We will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding Underlying Claims-made Coverage endorsement we have issued to you during the previous three years: 1. A list or other record of each ‘‘event’’, not previously reported to any other insurer, of which we were notified in accordance with Paragraph 3.a. of the Duties In The Event Of An Event, Claim Or Suit Condition (Section Ill). We will include the date and brief description of the ‘‘event’’ if that information was in the notice we received. 2. A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable 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 the Underlying Claims-made Coverage endorsement, 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. In this case, we will provide this information within 30 days of receipt of the request. We compile claim and ‘‘event’’ information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first 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. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CXE 01 12 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 01 12 02 10 Copyright, American Alternative Insurance Corporation, 2010 Page 1 of 1 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. PER LOCATION AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART Paragraph 2.b. under Section II ---- Limits Of Insurance is deleted and replaced by the following: 2.b. The Aggregate Limit is the most we will pay for the sum of all ‘‘ultimate net loss’’, for all ‘‘injury or damage’’ covered under this Coverage Part. However, this Aggregate Limit only applies to ‘‘injury or damage’’ that is subject to an aggregate limit of insurance under the ‘‘controlling underlying insurance’’. The above described Aggregate Limit applies separately to each location owned by or rented to or managed by the named insured. As used herein, location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CXE 01 72 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 01 72 02 10 Copyright, American Alternative Insurance Corporation, 2010 Page 1 of 1 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. FIREWORKS OR PYROTECHNICS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverages: This insurance does not apply to any ‘‘injury or damage’’ caused directly or indirectly by fireworks, pyrotechnics or any similar explosive material. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CXE 02 79 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 02 79 12 13 Copyright, American Alternative Insurance Corporation, 2013 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 SUBLIMITED COVERAGES ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to Paragraph 1.b. under Insuring Agreement in Section I ---- Coverages : As described in Paragraph 1.b., any limits or sublimits of insurance must be: (1)Specifically listed under the Schedule of ‘‘controlling underlying insurance’’; or (2)Subject to the applicable available limits of ‘‘controlling underlying insurance’’ listed under the Schedule of ‘‘controlling underlying insurance’’; in order for this insurance to apply. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CXE 02 86 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXE 02 86 12 13 Copyright, American Alternative Insurance Corporation, 2013 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 ERISA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverages: This insurance does not apply to any ‘‘injury or damage’’ arising out of or associated with any obligation of the insured under the Employee Retirement Income Security Act of 1974 (ERISA), and any amendments thereto or any similar federal, state or local statute. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 COMMERCIAL EXCESS LIABILITY CXEG 02 87 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXEG 02 87 02 10 Copyright, American Alternative Insurance Corporation, 2010 Page 1 of 1 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. EMERGENCY SERVICE ORGANIZATION AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART I.The following is added to Paragraph 1.a. Insuring Agreement under Section I ---- Coverages: When we have the right and duty to defend the insur ed against any suit seeking damages for ‘‘injury or damage’’ to which this insurance applies and when the applicable limits of ‘‘controlling underlying insurance’’ have been exhausted, we will pay the insured’s expenses incurred at our request, including actual loss of earnings not to exceed $300 per day. We will assume such charge only if such expense was not included in the ‘‘controlling underlying insurance’’. When we assume such charge, we will pay in addition to the applicable limit of insurance only if the policy of ‘‘controlling underlying insurance’’ specifies that limits are not reduced by any defense expenses. II.Paragraph 3. Duties In The Event Of An Event, Claim or Suit under Section III ---- Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as possible of an ‘‘event’’, regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1) How, when and where the ‘‘event’’ 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 ‘‘event’’. b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as possible. You must see to it that we receive written notice of the claim or suit as soon as possible. c. You and any other insured involved must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of ‘‘injury or damage’’ to which this 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, withou t our consent. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CXEG 03 29 06 17 Copyright, American Alternative Insurance Corporation, 2016 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 UNMANNED AIRCRAFT LIABILITY COVERAGE SUBLIMIT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Unmanned Aircraft Liability Each Occurrence Limit Of Insurance: $1,000,000 Unmanned Aircraft Liability Aggregate Limit Of Insurance: $1,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. This insurance applies to "injury or damage" attributable to "unmanned aircraft" only to the extent that valid "controlling underlying insurance" for such "unmanned aircraft" exists or would have existed but for the exhaustion of underlying limits. Coverage provided will follow the provisions and exclusions of the applicable "controlling underlying insurance" unless otherwise directed by this insurance. B. The following is added to Section II – Limits Of Insurance: (1) The Unmanned Aircraft Liability Aggregate Limit of Insurance shown in the Schedule of this endorsement is the most we will pay for the sum of all "ultimate net loss" for all "injury or damage " attributable to "unmanned aircraft"” covered under this Coverage Part. (2) Subject to Paragraph B.(1) above, the Unmanned Aircraft Liability Each Occurrence Limit of Insurance shown in the Schedule of this endorsement is the most we will pay for the sum of all "ultimate net loss" under this insurance because of all "injury or damage" arising out of any one "event" attributable to "unmanned aircraft" covered under this Coverage Part. The above described limits of insurance in paragraphs B.(1) and B.(2) are subject to, and not in addition to, the Aggregate Limit or Products-Completed Operations Aggregate Limit shown in the Declarations page of this policy. Any payments under the Unmanned Aircraft Liability Aggregate Limit of Insurance and Unmanned Aircraft Liability Each Occurrence Limit of Insurance will erode the Aggregate Limit or Products-Completed Operations Aggregate Limit. C. The following definition is added to Section IV – Definitions: "Unmanned aircraft" means an aircraft weighing 15 pounds or less that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. "Unmanned aircraft" includes equipment used with such "unmanned aircraft", provided such equipment is attached to or essential for its operation. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VPJ100 (01-12) CLAIM REPORTING Successful claim handling begins with prompt notification. Incidents that will or might give rise to a claim should be immediately reported to your agent. The agent will relay pertinent information to Glatfelter Claims Management, Inc. (GCM). Minimum information needed is: Name and telephone number of insured contact person . Date, time and location of the accident or incident. Description of how the incident occurred. Description of the vehicle or property involved. Description of the damage and/or injuries. Description of any other automobiles, property, persons and witnesses involved, including addresses and telephone numbers, if available. If known, the name and incident report number of the responding police department or other authority. Do not delay reporting an incident to your agent waiting on information such as a police report, repair estimate, or other claim details. When additional information is obtained, it should be promptly repo rted to your agent or the claim handler assigned by GCM. Should a claim arise, some important points to remember are: Provide assistance to injured persons. Protect property from further damage. Do not divulge information to anyone other than the assigned claim handler or GCM’s authorized representative. If a lawsuit is filed, contact your agent immediately who will transmit copies to GCM. If an after-hours emergency should arise, please co ntact our office for assistance. Glatfelter Claims Management, Inc. P.O. Box 5126 York, PA 17405 Telephone: (800) 233-1957 Claims Fax: (717) 747-7051 E-Mail: claims@glatfelters.com License Number: 2D89880 (California only) Glatfelter Claims Management, Inc., a division of Glatfelter Insurance Group, is a wholly owned, third-party claims administrator charged with the handling of claims for VFIS, on behalf of American Alternative Insurance Corporation. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VPJ100 (01-12) (800) 233-1957 www.vfis.com DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 TerrNotice09 (01/15) Page 1 of 3 Named Insured: REGIONAL HAZARDOUS MATERIALS A Policy No. or Type of Policy: VFIS-TR-2064054-09/000 Effective Date: 07-10-2018 Insurance Company: AMERICAN ALTERNATIVE INSURANCE CORPORATION POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you now have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1)of the Act: The term “act of terrorism” means any act or acts that are certified by the Secretary of the Treasury--in consultation with the Secretary of Homeland Security, and the Attorney General of the United States--to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been 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. Coverage for certified acts of terrorism has been included in your policy. No additional premium has been charged under this policy for such terrorism coverage. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE, IF ANY, IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION, IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 TerrNotice09 (01/15) Page 2 of 3 HOW DOES THE ACT AFFECT YOUR INSURANCE COVERAGE? You have a policy of insurance issued by us which has no terrorism exclusion attached to it.  This policy will remain in effect as written for the remainder of the policy period shown in the Declarations of the policy.  The decision not to include a terrorism exclusion to your policy when it was issued or last renewed was based on a number of reasons, and the continuation or importance of these reasons may or may not have been altered by the passage of the Act.  In the time between now and the next renewal we will examine and refine our treatment of terrorism under your policy. This means that you may or may not have the same terms offered to you upon renewal and that the premium charged may or may not reflect alteration based upon the terrorism exposure. WHAT IS THE TERRORISM RISK INSURANCE ACT ? The following is a partial summary of the Terrorism Risk Insurance Act, as amended, (hereinafter referred to as the Act). Only the provisions of the Act determine the scope of the insurance protection available for the losses covered under the Act. The Act has been extended through December 31, 2020. The Act provides coverage for property and casualty insurance for "insured losses" as a result of an "act of terrorism." As stated in the Act: A. "Insured loss" means any loss resulting from an "act of terrorism" (including an act of war, in the case of worker's compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if such loss: 1. occurs within the United States; or 2. occurs to an air carrier (as defined in section 40102 of title 49, United States Code), to a United States flag vessel (or a vessel based principally in the United States, on which US income tax is paid and whose insurance coverage is subject to regulation in the United States), regardless of where the loss occurs, or at the premises of any United States mission. B. "Act of terrorism" means any act or acts that are certified by the Secretary of Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States: 1. To be an act of terrorism; 2. To be a violent act or an act that is dangerous to: a. human life; b. property; or c. infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of: a. an air carrier or vessel described in paragraph (5)(B) of Section 102 of the Act; or b. the premises of a United States mission; and 4. to have been committed by an individual or individuals, as part of an effort to coerce the civilian populations of the United States or to influence the policy or affect the conduct of the United States Government by coercion. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 TerrNotice09 (01/15) Page 3 of 3 C. Section 102 (1)(B) of the Act states “no act shall be certified by the Secretary as an act of terrorism if: 1. the act is committed as part of the course of a war declared by the Congress, except that this clause shall not apply with respect to any coverage for workers' compensation; or 2. property and casualty insurance losses resulting from the acts, in the aggregate, do not exceed $5,000,000.” D. The Act also contains a “program trigger” in Section 103(e)(1)(B), pursuant to which the federal government does not pay compensation for losses resulting from a certified act occurring after December 31, 2007, unless aggregate industry insured losses from such a certified act exceed a certain amount, or “trigger.” For insured losses occurring in 2008 and for all additional calendar years, the program trigger is $100,000,000 through 2015, $120,000,000 beginning on January 1, 2016, $140,000,000 beginning on January 1, 2017, $160,000,000 beginning on January 1, 2018, $180,000,000 beginning on January 1, 2019, $200,000,000 beginning on January 1, 2020 of aggregate industry insured losses. E. The Act does not apply to: crop or livestock insurance; private mortgage insurance or title insurance; financial guaranty insurance issued by monoline financial guaranty insurance corporations; insurance for medical malpractice; health or life insurance; flood insurance provided under the National Flood Insurance Act of 1968; commercial automobile insurance; burglary and theft insurance; surety insurance; professional liability insurance (except Directors and Officers Liability); or farm owners multiple peril insurance. F. Under the Act for calendar years through December 31, 2020, the federal government will reimburse the insurance company for 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020 of its insured losses in excess of a deductible, until aggregate “insured losses” in any calendar year exceed $100 billion. Each insurer's deductible will be 20% of its direct earned premium for property and casualty insurance (as reported on Page 14 of the company's Annual Statement), over the immediately preceding calendar year. For the purposes of determining such deductibles, direct earned premium means only the premiums earned on the commercial lines property and casualty insurance covered by the Act for U.S. risks or vessels, aircraft and foreign missions outside the U.S. covered by the Act. Neither the insurance company (having met its statutorily mandated share as described above) nor the federal government will be liable for payment of any portion of “insured losses” under the Act that exceeds $100 billion in the aggregate during any calendar year. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047 VFIS PHN (12-17) Page 1 of 1 VFIS Important Notice to Policyholders This notice has been prepared in conjunction with the implementation of changes to your policy. It contains a synopsis of changes that will impact the following forms which may appear on your policy: VML306 Cyber Liability and Privacy Crisis Management Expense VCR109 Additional Coverages Computer and Funds Transfer Fraud and Fraudulent Impersonation VCR305 Welfare and Pension Plan ERISA Compliance This notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights, duties, and what is and is not covered. Only the provisions of your policy determine the scope of your insurance protection. VML306 Cyber Liability and Privacy Crisis Management Expense This form has been revised as follows:  Adds Cyber Extortion Coverage, providing an each event limit of $20,000, subject to the Privacy Crisis Management Expense and Cyber Extortion Expense Aggregate Limit.  Clarifies that communication networks, under the definition of Computer System include cloud computing environments.  A denial of service attack is now defined as an intentional attack on your computer system that prevents or slows down access to your web site or your computer network. Coverage is not provided for a denial of service attack launched against a third party that prevents or slows down access to your website or computer network. VCR109 Additional Coverages Computer and Funds Transfer Fraud and Fraudulent Impersonation This form has been revised to add coverage for Fraudulent Impersonation. This coverage is for loss the insured sustains arising directly from having, in good faith, transferred money, securities or other property in reliance upon a transfer instruction purportedly issued by an employee, customer or vendor, but which proves to have been fraudulently issued by an imposter. VCR305 Welfare and Pension Plan E.R.I.S.A. Compliance This form has been updated to revise definitions and exclusions to assure compliance with the Employee Retirement Income Security Act of 1974 (ERISA) pursuant to 29 U.S.C.§1112. DocuSign Envelope ID: 9DFB8704-9163-4E77-9E70-5E45F8C58047