Document 6b3ejon3veQmNwOdXjXzKR4kE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KENTUCKY CHANGES CANCELLATION AND NONRENEWAL IL 02 63 01 91 This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement does not apply to coverage provided for employee dishonesty (Coverage Form A) or to public employee dishonesty (Coverage Forms 0 and P). A. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. Cancellation of Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, we may cancel this policy for any reason by mailing or delivering to the first Named Insured written notice of cancellation, stating the reason for cancellation, at least 14 days before the effective date of cancellation. B. The following is added to the CANCELLATION Common Policy Condition: 7. Cancellation of Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days or is a renewal of a policy we issued, we may cancel this policy only for one or more of the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the policy, or in presenting a claim under the policy, (3) Discovery of willful or reckless acts or omissions on your part which increase any hazard insured against; (4) The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed; (5) A violation of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against;__ (6) We are unable to reinsure the risk covered by the policy, or (7) A determination by the commissioner that the continuation of the policy would place us in violation of the Kentucky insurance code or regulations of the commissioner. b. If we cancel this policy based on paragraph 7.a. above, we will mail or deliver a written notice of cancellation to the first Named Insured, stating the reason for cancellation, . at least (1) 14 days before the effective date of the cancellation, if cancellation is for nonpayment of premium; or (2) 75 days before the effective date of the cancellation, if cancellation is for any reason stated in 7.a.(2) through 7.a.(7) above. C. The following is added and supersedes any provision to the contrary: NONRENEWAl 1. For the purpose of this Condition: a. Any policy period or term of less than 6 months shall be considered to be a policy period or term of six months; and Copyright, Insurance Services Office, Inc., 1990 Copyright, ISO Commercial Risk Services, Inc., 1990 Page 1 of 2 C-AR-01-PRINTOW04M059-E EMPLOYEE DISHONESTY COVERAGE FORM CR 00 01 10 90 COMMERCIAL CRIME 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 the Territory General Condition for a period not more than 90 days. B. LIMIT OF INSURANCE The most we will pay for loss in any one "occurrence" is the applicable Umit 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 b. Upon our request give us a statement describing the loss. D. ADDITIONAL EXCLUSIONS, CONDITION AND DEFINITIONS: In addition to the provisions in the Crime General Provisions Form 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. 2. Additional Condition Cancellation As To Any Employee: This insurance is cancelled as to any "employee": a. Immediately upon discovery by: (1) You: or (2) Any of your partners, officers or directors not in collusion with the "employee": of any dishonest act committed by that "employee" whether before or after becoming employed by you. 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, except you or a partner, with the manifest intent to: (1) Cause you to sustain loss; and also (2) Obtain financial benefit (other than employee benefits earned in the normal course of employment including: salaries, commissions, fees, bonuses, promotions, awards, profit sharing or pensions) ton (a) The "employee"; or (b) Any person or organization intended by the "employee" 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 series of acts. Pane 1 of 1 C-AFMTl .PRINT0244046-0055.E V mmaauuam J CRIME GENERAL PROVISIONS CR 10 00 10 90 COMMERCIAL CRIME- Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is or is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the DECLARATIONS. The words "we", "us" and "our" refer to the Company providing this insurance. Words and phrases in quotation marks are defined in the policy. 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 forming part of this policy. A. GENERAL EXCLUSIONS We will not pay for loss as specified below: 1. Acts Committed by You or Your Partners: Loss resulting from any dishonest or criminal act committed by you or any of your partners whether acting alone or in collusion with other persons. 2. Governmental Action: Loss resulting from seizure or destruction of property 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. NuciBan 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 B. GENERAL CONDITIONS 1. Consolidation-Merger If through consolidation or merger with, or purchase of assets 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", but only if you: a. Give us written notice within 30 days thereafter; and b. Pay us an additional premium. 2. 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. 3. Discovery Period for Loss: We will`pay bniy for covered loss discovered no later than one year from the end of the policy period. 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 & 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. 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. b. If any Insured or partner 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. Copyright, Insurance Services Office. 1984,1989 Page 1 of 4 C-AR-01.PRINT024004M05S-E 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 discovered 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. 6. 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. .7. 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. 8. Loss Sustained During Prior Insurance a. If you, or any predecessor in interest, sustained loss during the period of any prior insurance that you or any 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. b. The insurance under this Condition 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 (1) This insurance as of its effective date; or (2) The prior insurance had it remained in effect 9. Loss Covered Under This Insurance and Prior Insurance Issued by Us or Any Affiliate: If any loss is covered: a. Partly by this insurance; and - CR 10 00 10 90 COMMERCIAL CRIME b. 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. 10. Non-Cumulation of Limit of insurance: Regardless of the number of years this insurance remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period. 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. However, this insurance will not apply to the amount of toss 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. Subject to the Loss Sustained During Prior. Insurance condition, we will pay only for loss that you sustain through acts committed or events occuring 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 exceeds the Limit of Insurance and the Deductible Amount, if any; (2) Then to us, until we are reimbursed for the settlement made; Copyright, Insurance Services Office, 1984,1989 Page 2 of 4 C.AM1-PRINT02WO46OQ59-E (1) Agent, broker, factor, commission merchant consignee, independent contractor or representative of the same general character; or (2) Director or trustee except while performing acts coming within the scope of the usual duties of an employee. 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" CR 10 00 10 SO COMMERCIAL-CRIME 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 does not include "money". * Copyright, Insurance Services Office, 1984,1989 Page 4 of 4 C-AR-01.PRINT02*00)061-E 1990 MISCELLANEOUS CHANGES TO THE COMMERCIAL GENERAL LIABILITY PROGRAM 6-2168 (3-90) IMPORTANT NOTICE TO POLICYHOLDERS This is a summary of the major changes found in the new editions of the Commercial General Liability Coverage Forms. NO COVERAGE IS PROVIDED BY THIS SUMMARY nor can it be construed to replace any provision of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL The areas within the Commercial General Liability coverage form (CG0001) which broaden, reduce or clarify coverage are highlighted below. We have followed the policy sequence of provisions in setting out this material. BROADENINGS IN COVERAGE THE MAJOR NEW COVERAGE ENHANCEMENTS FOUND IN YOUR POLICY ARE; Coverage for Personal Injuries - which has been expanded to include liability arising from the invasion of a person's right to private occupancy of a room, dwelling or premises if such invasion is committed by or on behalf of the owner, landlord or lessor. (See Section 5 of your policy). Coverage for Legal Proceedings - which has been newly expanded to include all types of alternative dispute resolution proceedings including arbitration and pre-trial mediation. (See Section 5 of your policy). REDUCTIONS IN COVERAGE POLICYHOLDERS PLEASE ALSO NOTE THAT THESE CHANGES HAVE RESULTED IN THE FOLLOWING REDUCTIONS IN COVERAGE Personal Property in the care, custody and control of the insured. Previously, coverage was excluded for the named insured ("you"). (See Section 1, Part 2 of your policy). Third party actions involving co-employees. (See Section 2 of your policy) Wrongful eviction from or wrongful entry into a room, dwelling or premises unless such entry is committed by or on behalf of the owner, landlord or lessor. (See Section 5 of your policy). Any agreements which involve construction or demolition operations within fifty feet of railroad property. (See Section 5 of your policy). CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES SOME OF THE LANGUAGE IN THE NEW POLICY HAS BEEN RESTATED AND REPUNCTUATED FOR CLARITY AND READABILITY BUT WITH NO CHANGE IN COVERAGE INTENT. The definition of ``YOU" has been expanded to include newly acquired organizations in order to insure that newly acquired organizations possess full named insured status. (See the preamble of your policy). The CGL Pollution Liability Exclusion (Section 1, Coverage A, Exclusion F.) has been changed to improve readability and insure consistency in coverage interpretation. The exclusion now clearly indicates that no coverage exists for the emission of pollutants: at or from any premises, site or location which is or was at any time owned or occupied by or rented or loaned to, any insured; at or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; which are or were at any time transported, handled, stored, treated, disposed of or processed as waste by or for any insured or any person or organization for whom the named insured may become legally responsible; and at or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the pollutants are brought on to the premises, site or location in connection with such operations by such insured contractor or subcontractor. The exclusion has also been updated to: exclude coverage for the new liabilities imposed by the Superfund Amendment and Reauthorization Act of 1986; and exclude coverage for any claim or suit made by or on behalf of any governmental authority for damages or reimbursement expenses arising from the testing for, monitoring, clean-up, containment, etc., of pollutants. Copyright, insurance Services Office, Inc., 19B9 Pagel of 2 C-AR*01*PRINT024-0045-0075-E 6-2354 (1-91) Dear Customer Ohio law requires us to warn you of the following: "Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud!" If you have any questions, please contact your agent C*AR-01-PRINT024-0046-0073*E SPECIAL NOTICE TO POLICYHOLDERS Summary of Commercial Property Changes 6-1836 (11-88) The following changes apply only if the forms and form numbers in bold face print below also appear in your policy on the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS 9-CC (01-86) under the line which reads, "THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE PART:." PRINCIPAL BROADENED FEATURES BUILDING AND PERSONAL PROPERTY COVERAGE FORM CP 00 10 or. CONDOMINIUM ASSOCIATION COVERAGE FORM CP 00 17 or, CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE In the Property Not Covered section, coverage is extended to vehicles or self propelled machines that are not manufactured, processed, warehoused or held for sale (except autos) by the insured if they are neither licensed for use on public roads nor operated principally away from the described premises. CONDOMINIUM ASSOCIATION COVERAGE FORM CP 00 17 Covered Property is broadened to include temporary structures, building additions and specific types of building maintenance or service equip'ment. GLASS COVERAGE FORM CP 00 IS In the Limits of Insurance section payments under the Additional Coverages is revised to apply in addition to the Limits of Insurance. CAUSES OF LOSS BASIC FORM CP 10 10 or, CAUSES OF LOSS - BROAD FORM CP 10 20 The Aircraft or Vehicles Covered Causes of Loss is extended to vehicles operated by you unless they are operated in the course of your business. CAUSES OF LOSS BROAD FORM CP 10 20 or, CAUSES OF LOSS SPECIAL FORM CP 10 30 The Water Damage Cause of Loss is broadened by excluding "the cost to repair any defect that caused the loss or damage" rather than the "cost of repairing or replacing the system or appliance from which the water or steam escapes." CAUSES OF LOSS - SPECIAL FORM CP 10 30 Coverage is extended to provide theft coverage for building materials and supplies not attached to the building or structure when held for sale by you. Coverage is extended for builders' machinery, tools and equipment owned by or entrusted to you while on the described premises. Coverage under the Water Damage Additional Coverage Extensions now includes coverage for damage that results in discharge of any substance from any automatic fire protection system. AGRICULTURAL PRODUCTS STORAGE CP 13 30 Coverage for harvested grain is extended to that stored in shocks, or swaths outdoors. PRINCIPAL RESTRICTIVE FEATURES GLASS COVERAGE FORM CP 00 15 The 60 day Coverage Extension for Newly Acquired Glass is reduced to 30 days. Page 1 of 2 OAR-OI .PRINT024-0046-0071-E INSTALLATION COVERAGE FORM CM 78 22 11 88 COMMERCIAL INLAND MARINE Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words"you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F - DEFINITIONS. DESCRIPTION OF INSTALLATION FOR INSTALLATION OF COMMERCIAL AND INDUSTRIAL INSULATION A COVERAGE We will pay for "loss" to Covered Property from any of the Covered Causes of Loss. 1. COVERED PROPERTY, as used in this Coverage Form, means: a. Machinery, tools, materials, equipment supplies and fixtures that are destined to be used in or are incidental to the installation, fabrication, erection, renovating, completion, . or repair of the projects described above or in the Declarations; and b. Construction forms, scaffolding and temporary structures built or assembled on site and used in the installation. 2. PROPERTY NOT COVERED Covered Property does not include: a. Buildings and their foundation; b. Land (including land on which the property is located); c. Lawns, trees, shrubs or plants; d. Plans, drawings, blueprints, designs or specifications; or e. Accounts, bills, currency, deeds, money, notes, securities and evidences of debt 3. COVERED CAUSES OF LOSS Covered Causes of Loss means RISKS OF DIRECT PHYSICAL "LOSS" to Covered Property except those causes of "loss" listed in the Exclusions. 4. a. ADDITIONAL COVERAGE - COLLAPSE We will pay for direct "loss" caused by or resulting from risks of direct physical "loss" involving collapse of all or part of a building or structure caused by one or more of the following: (1) Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riot; civil commotion; vandalism; breakage of glass; falling objects; weight of snow, ice or sleet; water damage; all only as covered in this Coverage Form. (2) Hidden decay; (3) Hidden insect or vermin damage; (4) Weight of people or personal property, (5) Weight of rain that collects on a roof; (6) Use of defective materials or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. We will not pay for loss or damage to the following types of property, if otherwise covered in this Coverage Pari, under items (2), (3), (4), (5) and (6) unless the loss or damage is a direct result of the collapse of a building: outdoor radio or television antennas, including their lead-in wiring, mast or towers; awnings; gutters and downspouts; yard fixtures; outdoor swimming pools; fences; piers, wharves and docks; beach or diving platforms or appurtenances; retaining walls; walks; roadways and other paved surfaces. Collapse does not include settling, cracking, shrinkage, bulging or expansion. Page 1 of A C-AR-01-PRINTD24-004W)067.E Blit this exclusion does not apply to a carrier for hire. e. Artificially generated current creating a short circuit or other electric disturbance within an article covered under this Coverage Form. But we will pay for direct "loss" caused by resulting fire or explosion, if these causes of "loss" would be 'covered under this Coverage Form. This exclusion only applies to "loss" to that article in which the disturbance occurs. f. Explosion, rupture or bursting of steam boilers, steam pipes, steam turbines or steam engines. g. Settling, cracking, shrinkage or expansion of the Covered Property. h. Your neglect to use all reasonable means to save and preserve the property at and after any "loss" or when the property is so endangered. 3. We will not pay for a "loss" caused by or resulting from any of the following. But if "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss." a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the "loss." b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Collapse except as provided in the Additional Coverage - Collapse section of this Coverage Form. d. Wear and tear, any quality in the property that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, depreciation, mechanical breakdown, insects, vermin, rodents, corrosion, rust, dampness, cold or heat e. The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. f. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, reconstruction, installation, remodeling, grading, compaction; CM 78 22 11 88 COMMERCIAL INLAND MARINE (3) Materials used in repair, construction, reconstruction renovation, remodeling or installation; or (4) Maintenance; of part or all of any property on or off the construction site as described in the Declarations; or g. Mechanical breakdown, rupture or bursting caused by centrifugal force. C. LIMITS OF INSURANCE Construction forms, scaffolding and temporary structures $ Property in transit $ 50,000 Maximum value at any one job site $ 500,000 The most we will pay for "loss" in any one occurrence is the applicable Limit of Insurance shown above or in the Declarations. D. DEDUCTIBLE We will not pay for "loss" in any one occurrence until the amount of the adjusted "loss" before applying the applicable Limits of Insurance exceeds the Deductible shown in the Declarations. We will then pay the amount of the adjusted "loss" in excess of the Deductible, up to the applicable Limit of Insurance. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions: 1. COVERAGE TERRITORY We cover property while: a. It is located at the premises described in the Declarations. b. It is in transit to or from the premises described in the Declarations. c. It is temporarily located elsewhere for a period not exceeding 60 days. 2. TERM OF COVERAGE We cover from the time the property is at your risk starting on or after the time this coverage begins, but we will not coven a. After the owner or buyer accepts the property; b. When your interest ceases; c. Beyond 60 days after completion of the project; Page 3 ol A C-AR-01'PRINTD24404&0069-E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBLIMITS FOR MONEY AND SECURITIES CR 15 36 10 SO COMMERCIAL CRIME POLICY NUMBER: 02-CC-207311-3 This endorsement applies to Crime Coverage Forms and Sections of those forms designated below: Coverage Form <= Section [] 1 [] 2 Title THEFT. DISAPPEARANCE AND DESTRUCTION [] 1 [] 2 ROBBERY AND SAFE BURGLARY - MONEY AND SECURITIES A. SCHEDULE* Address of Premises Property _____________ FomCC Section 1 Section 2 Form Q Robbery Safe Burglary Money and Securities $ $$ $ Securities $ $$ $ Checks other than Payroll Checks $ $$ $ Total $ $$ $ B. PROVISIONS As respects loss at or in relation to the premises shown in die SCHEDULE, the Limit of Insurance shown in the Declarations is changed to the limit shown in the SCHEDULE for the type of property indicated. 'Information required to complete this SCHEDULE, if not shown on this endorsement will be shown in the Declarations. Copyright, insurance Services Office, Inc., 19B9 Page t of 1 C.AR41.PRIKT0244O4&OOS3-E V agaroau&gaga y COMMERCIAL INLAND MARINE CONDITIONS CM 00 01 07 00 COMMERCIAL INLAND MARINE The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial inland Marine Coverage Forms: LOSS CONDITIONS A. ABANDONMENT There can be no abandonment of any property to us. B. APPRAISAL If we and you disagree on the value of the property or the amount of "loss," either may make written demand for an appraisal of the "loss." In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of "loss.** If they fail to agree, they will submit their difference to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. DUTIES IN THE EVENT OF LOSS You must see that the following are done in the event of "loss" to Covered Property: 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the "loss." Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the "loss" occurred. 4. Take all reasonable steps to protect the Covered Property from further damage. If feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses, for consideration in the settlement of the claim. 5. Make no statement that will assume any obligation or admit any liability, for any "loss" for which we may be liable, without our consent 6. Permit us to inspect the property and records proving "loss." 7. If requested, permit us to question you under oath, at such times as may be reasonably required, about any matter relating to this insurance or your claim, including your books and records. In such event, your answers must be signed. 8. Send us a signed, sworn statement of "loss" containing the information we request to settle the claim. You must do this within 60 days after our request We will supply you with the necessary forms. 9. Promptly send us any legal papers or notices received concerning the "loss." 10. Cooperate with us in the investigation or settlement of the claim. D. INSURANCE UNOER TWO OR MORE COVERAGES If two or more of this policy's coverages apply to the same "loss," we will not pay more than the actual amount of the "loss." L LOSS PAYMENT We will pay or make good any "loss" covered under this Coverage Part within 30 days after: 1. We reach agreement with you; 2. The entry of final judgment; or 3. The filing of an appraisal award. We will not be liable for any part of a "loss" that has been paid or made good by others. F. OTHER INSURANCE If you have other insurance covering the same "loss" as the insurance under this Coverage Part, we will pay only the excess over what you should have received from the other insurance. We will pay the excess whether you can collect on the other insurance or not G. PAIR, SETS OR PARTS 1. Pair or Set In case of "loss" to any part of a pair * or set we may: a. Repair or replace any part to restore the pair or set to its value before the "loss"; or b. Pay the difference between the value of the pair or set before and after the "loss." 2. Parts. In case of "loss" to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part H. PRIVILEGE TO ADJUST WITH OWNER In the event of "loss" involving property of others in your care, custody or control, we have the right to: 1. Settle the "loss" with the owners of the property. A receipt for payment from the owners of that property will satisfy any claim of yours. Copyright, Insurance Services Office, Inc., 1983,19B9 Page 1 of 2 C-AR-01-PRIHTOM-004&0065-E BUILDING AND PERSONAL PROPERTY COVERAGE FORM CP 00 10 07 88 commercial property Various provisions in this policy restrict coverage. Bead the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION H DEFINITIONS. A. COVERAGE We will pay for direct physical loss of or'damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property " Covered Property, as used in this Coverage Part, means the following types of property for which a Limit of insurance is shown in the Declarations: a. Building, meaning the building or structure described in the Declarations, including: (1) Completed additions; (2) Permanently installed: (a) Fixtures; (b) Machinery; and . . (c) Equipment;- (3) Outdoor fixtures; (4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including: (a) Fire extinguishing equipment; ' (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (5) If not covered by other insurance: (a) Additions under construction, alterations and repairs to the building or structure; (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the building or structure. b. Your Business Personal Property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises, consisting of the following unless otherwise specified in the Declarations or on the Your Business Personal Property - Separation of Coverage form: (1) Furniture and fixtures; (2) Machinery and equipment; (3) "Stock"; (4) All other personal property owned by you and used in your business; (5) Labor, materials-or services furnished or arranged by you on personal property of others; and -- (6) Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations, installations. or additions: ~' (a) Made a part of the building or structure you occupy but do not own-and............... (b) You acquired or made at your expense but cannot legally remove.' c. Personal Property of Others that is: (1) In your care, custody or control; and (2) Located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises. However, our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. 2. Property Not Covered Covered Property does not include: a. b. c._ . d. & f. Accounts, bills, currency, deeds, evidences of debt, money, notes or securities; Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings; Automobiles held for sale; Bridges, roadways, walks, patios or other paved surfaces; Contraband, or property in the course of illegal transportation or trade; The cost of excavations, grading, backfilling or filling; Copyright. ISO Commercial Risk Services. Inc., 1983.1987 Page 1 of 9 C-AN.29-PRmTOOr-0020-0019.C No Deductible applies to this Additional Coverage. -- d. Pollutant Clean Up and Removal We will pay your expense to extract "pollutants" from land or water at the described premises if. the release, discharge or dispersal of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy-' period. The expenses will be paid only if they are reported to us in writing within. 180 days of the earlier of. - (1) The date of direct physical loss or damage; or (2) The end of the policy period. The most we will pay for each location under this Additional Coverage is $10,000 for the sum of all such expenses arising, out of Covered Causes of Loss occurring during each separate 12 month period of this policy. 5. Coverage Extensions Except as otherwise provided^. the following : Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises. If a Coinsurance percentage of 80% or more or, a Value Reporting period symbol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows; a. Newly Acquired or Constructed Property (1) You may extend the insurance that applies to Building to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises, intended for (I) Similar use as the building described in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is 25% of the Limit of Insurance for Building shown in the Declarations, but not more than $250,000 at each building. CP 00 10 07 88 COMMERCIAL PROPERTY (2) You may extend the insurance that applies to Your Business Personal Property to apply to that property at any location you acquire other than at fairs or exhibitions. The most we will pay for loss or damage under this Extension is 10% of the Limit of Insurance for .Your Business Personal Property shown in . the Declarations, but not more than $100,000 at each building. (3) Insurance under this Extension for each newly acquired or constructed property will end when any of the following first occurs: (a) This policy expires. (b) 30 days expire after you acquire or begin to construct the property; . or (c) You report values to us. We will charge you additional premium for values reported from the date construction begins or you acquire the property. . ~b. Personal Effects and Property off Others. You may extend the insurance that applies to Your Business Personal Property to apply to: (1) Personal effects owned by you, your officers, your partners or your employees. This extension does not apply to loss or damage by theft. (2) Personal property of others in your care, custody or control. The most we will pay for loss or damage under this Extension is $2,500 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. c. Valuable Papers and Records - Cost of Research. You may extend the insurance that applies to Your Business Personal Property to apply to your costs to research, replace or restore the lost information on lost or damaged valuable papers and records, including those which exist on electronic or magnetic media. ' for which duplicates do not exisL The most we will pay under this Extension is $1,000 at each described premises. Copyright, ISO Commercial Risk Services. Inc., 1983.1987 Page 3 of 9 C-AN-29-PRINT007-0020-0021 -C c. As soon as possible, give us a description of how, when and where the loss or damage occurred. d. Take air reasonable steps to protect the Covered Property 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. e. At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of loss claimed. f. Permit us to inspect the property and records proving the loss or damage. Also permit us to take samples of damaged property for inspection, testing and analysis. g. if requested, permit us to question .you. under oath at such times -as may be reasonably required about any matter relating to this insurance of your claim, including your bodks and records; In such event, your answers must be signed. h. Send us a signed, sworn statement 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. L Cooperate with us in the investigation or settlement of the claim. 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form, at our option, we will either. (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or 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 statement of loss. c. We will not pay you more than your financial interest in the Covered Property. CP 00 10 07 88 COMMERCIAL 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 againstus for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. e. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. t We will pay for covered loss or damage within 30 days after we receive the sworn statement 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 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 wilt pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance. 6. Vacancy If the building where toss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage, we will: a. Not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss: (1) Vandalism; (2) Sprinkler leakage, unless you have protected the system against freezing; (3) Building glass breakage; (4) Water damage; (6) Theft; or (6) Attempted theft b. Reduce the amount we would otherwise pay for the loss or damage by 15%. A building is vacant when it does not contain enough business personal property to conduct customary operations. Buildings under construction are not considered vacant Copyright, ISO Commercial Risk Services, Inc., 1983.1987 Page 5 of 9 C.AN.29.PRINT007.0020-0023-C We will pay no more than $19,750." The remaining $20,250 is not covered. Example No. 2 (Adequate Insurance): When: The value of the property is $250,000 The Coinsurance percentage for it is 80% The Limit of Insurance for it is $200,000 The Deductible is $250 The amount of loss is $40,000 Step (1): $250,000 X 80% = $200,000 (the minimum amount of insurance to meet your Coinsurance requirements) _ Step (2): $200,000 4 $200,000 = 1.00 Step (3): $ 40,000 X 1.00 = $40,000 Step (4): $40,000 - $250 = $39,750 We will cover the $39,750 loss in excess of the Deductible. No penalty applies. If one Limit of Insurance applies to two or more separate items, this condition will apply to the total of all property to which the limit applies.; Example No. 3: > When: The value of the property is: Bldg, at Location No. 1Bldg, at Location No. 2 Personal Property at Location No. 2 $75,000 100,000 75,000 $250,000 The Coinsurance percentage for it is The Limit of Insurance for Buildings and Personal Property at Location Nos.1 and 2 is 90% $180,000 The Deductible is $1,000 The amount of loss is Bldg, at Location No. 2 $30,000 Personal " Property at CP 00 10 07 88 COMMERCIAL PROPERTY Location No. 2 - 20,000 $50,000 Step (1): $250,000 X 90% = $225,000 (the minimum amount of insurance tc meet your Coinsurance requirements and to avoid the penalty shown below) Step (2): $180,000 + $225,000 = .80 Step (3): $ 50,000 X .80 = $40,000. Step (4): $40,000 $1,000 = $39,000. . We will pay no more than $39,000. The remaining $11,000 is not covered. 2. Mortgage Holders a. The term _ "mortgage holder" includes trustee. b. We will pay for covered loss of or damage to buildings or structures to each mortgage holder shown in the Declarations in their order of precedence, as interests may appear. c. The mortgage holder has the-right to receive loss payment even if the mortgage holder has started foreclosure or similar action on . the building or structure. d. if we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part, the mortgage holder will still have the right to receive loss payment if the mortgage . holder (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; (2) Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgage holder. All of the terms of this Coverage Part will then apply directly to the mortgage holder. e. If we pay the mortgage holder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part (1) The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and Copyright, ISO Commercial Risk Services. Inc., 1983,1987 Page 7 of 9 C-AN-29-PRINT007.0020-0025-C d. We will not pay on a replacement cost basis for any loss or damage: (1) Until the lost or damaged property is actually repaired or replaced; and (2) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage. e. We will not pay more for loss or damage on a replacement cost basis than the least of: (1) The Limit of Insurance applicable to the lost or damaged property; (2) The cost to replace, on the same premises, the lost or damaged property with other property: (a) Of comparable material and quality; and CP 00 10 07 88 COMMERCIAL PROPERTY (b) Used for the same purpose; or. (3) The amount you actually spend that is necessary to repair or replace the lost or damaged property. h. DEFINITIONS . 1. " 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. 2. "Stock" means merchandise held in storage or for sale, raw materials and in-process or finished goods, including supplies used in their packing or shipping. Copyright, ISO Commercial Risk Services, Inc., 1983,1987 Page 9 of 9 C-AM9-PRINT007.00S0-0027.C (1) Begins on the date property (except "finished stock") is actually repaired, rebuilt or replaced and "operations" are resumed; and (2) Ends on the earlier of: (a) The date you could restore your business, with reasonable speed, to the condition that would have existed if no direct physical loss or damage occurred; or (b) 30 consecutive days after the date determined in (1) above. Loss of Business income must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss. 4. Coverage Extension If a Coinsurance percentage of 50% or more, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: Newly Acquired Locations a. You may extend your Business income Coverage to apply to-property at any location you acquire other than fairs or exhibitions. b. The most we will pay for loss under this Extension is 10% of the Limit of Insurance for Business Income shown in the Declarations, but not more than $100,000 at each location. c. Insurance under this Extension for each newly acquired location will end when any of the following first occurs: (1) This policy expires; (2) 30 days expire after you acquire or begin to construct the property; or (3) You report values to us. We will charge you additional premium for values reported from the date you acquire the property. This Extension is additional insurance. The Additional Condition, Coinsurance, does not apply to this Extension. B. EXCLUSIONS See applicable Causes of Loss Form as shown in the Declarations. C. LIMITS OF INSURANCE The most we will pay for loss in any one occurrence is the applicable Limit of Insurance shown in the Declarations. The limit applicable-to the Coverage Extension is in addition to the Limit of Insurance. CP 00 30 07 88 COMMERCIAL PROPERTY Payments under the following Additional Coverages will not increase the applicable Limit of Insurance: 1. Alterations and New Buildings; 2. Civil Authority; 3. Extra Expense; or 4. Extended Business Income. D. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Appraisal If we and you disagree on the amount of Net Income and operating expense or the amount of loss, either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or amount of loss. If they fail to agree, they will , submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Loss You must see that the following are done in the event of loss: a. Notify the police if a law may have been broken. b. Give us prompt notice of the direct physical loss or damage. Include a description of the property involved. c. As soon as possible, give us a description of how, when, and where the direct physical loss or damage occuned. d. Take all reasonable steps to protect the Covered Property 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. e. Permit us to inspect the property and records proving the loss. Copyright. Insurance Services Office, Inc., 1983,1987 Page 2 of 6 C.AN.20.BRINTn07.0020-0029-C (2) All necessary expenses that reduce the Business Income loss that otherwise would have been incurred. 5. Loss Payment We will pay for covered loss within 30 days after we receive the sworn statement of loss, if: -- a. You have complied with all of the terms of this Coverage Part; and- b. (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. 6. Resumption Of Operations We will reduce the amount of youn a. Business Income loss, other than Extra Expense, to the extent you can resume your "operations," in whole or in part, by using damaged or undamaged property (including merchandise or stock) at the described premises or elsewhere. b. Extra Expense loss to the extent you can . return "operations" to normal. and discontinue such Extra Expense. E ADDITIONAL CONDITION Coinsurance' If a Coinsurance percentage is shown in the Declarations, the following condition applies in addition to the Common Policy Conditions and the Commercial Property Conditions. We will not pay the full amount of any loss if the Limit of Insurance for Business income is less than: a. The Coinsurance percentage shown for Business Income in the Declarations; times b. The sum of: (1) The Net Income (Net Profit or Loss before income taxes), and (2) All operating expenses, including payroll expenses, that would have been earned (had no loss occurred) by your "operations" at the described premises for the 12 months following the inception, or last previous anniversary date, of this policy (whichever is later). Instead, we will determine the most we will pay using - the following steps: 1. Multiply the Net Income and operating expense for the 12 months following the inception, or last previous anniversary date, of this policy by the Coinsurance percentage; 2. Divide the Limit of Insurance for the described premises by the figure determined in step 1; and 3. Multiply the total amount of the covered loss by the figure determined in step 2. CP 00 30 07 88 COMMERCIAL PROPERTY The amount determined in step 3-is the most we will pay. For the remainder, you will either have to rely on other insurance or absorb the loss yourself. Example No. 1 (Underinsurance): When: The Net Income and operating expenses for the 12 months following the inception, or last previous anniversary date, of this policy at the described premises would have been $400,000 The Coinsurance percentage is The Limit of Insurance is The amount of loss is 50% $150,000 $ 80,000 - Step 1: $400,000 x 50% = $200,000 (the minimum amount of insurance to meet your Coinsurance requirements)' Step 2: $150,000 -5- $200,000 = .75 . Step 3: $ 80,000 x .75 = $60,000 We will pay no more than $60,000. The remaining $20,000 is not covered. Example No. 2 (Adequate Insurance): When: The Net Income and operating expenses for the 12 months following the inception, or last previous anniversary date, of this policy at the described premises would have been $400,000 The Coinsurance percentage is 50% The Limit of Insurance is $200,000 The amount of loss is $ 80,000 * Step 1: $400,000 x 50% = $200,000 (the minimum amcunt of insurance to meet your Coinsurance requirements) Step 2: $200,000 * $200,000 = 1.00 Step 3: $ 80,000 x 1.00 = $80,000 We will cover the $80,000 loss. No penalty applies. This condition does not apply to the Extra Expense Additional Coverage. F. OPTIONAL COVERAGES If shown in the Declarations, the following Optional Coverages apply separately to each item. 1. Maximum Period Of Indemnity a. The Additional Condition, Coinsurance, does not apply to this Coverage Form at the described premises to which this Optional Coverage applies. -Copyright. Insurance Services Office. Inc., 1983,1987 Page 4 of 6 C-AN-29-PRIHT007-0020-0031-C G. DEFINITIONS 1. "Finished Stock" means stock you have manufactured. "Finished stoek" also includes whiskey and alcoholic products being aged, unless there is a Coinsurance percentage shown for Business Income in the Declarations. "Finished stock" does not include stock you have manufactured that is held for sale on the premises of any retail outlet insured under this Coverage Part 2. "Operations" means your business activities occurring at the described premises. 3. "Period of Restoration" means the period of time that a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss-at the described premises; and CP 00 30 07 88 COMMERCIAL PROPERTY b. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality. "Period of restoration" does not include any increased period required due to the enforcement of any ordinance or law that 1. Regulates the construction, use or repair, or requires the tearing down of any property; or 2. Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". The expiration date of this policy will not cut short the "period of restoration." 4. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, . vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Copyright, Insurance Services Office, Inc., 1983,1987 Page 6 of 6 C.AN.29-PRINT007-0020-0033-C CAUSES OF LOSS > SPECIAL FORM CP 10 30 07 88 COMMERCIAL PROPERTY Words and phrases that appear in quotation marks have special meaning. Refer to Section F - Definitions. A. COVERED CAUSES OF LOSS When Special is shown in the Declarations, Covered Causes of Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss is: 1. Excluded in Section B.. Exclusions; or 2. Limited in Section C., Limitations; that follow. B. EXCLUSIONS 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Ordinance or Law The enforcement of any ordinance or law: (1) Regulating the construction, use or repair of any property; or: (2) Requiring the tearing down of any property, including the cost of removing its debris. b. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting. But if loss or damage by fire or explosion results, we will pay for that resulting loss or damage. (2) Volcanic eruption, explosion or effusion. But if loss or damage by fire, building glass breakage or volcanic action results, we will pay for that resulting loss or damage. Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. All volcanic eruptions that occur within any 168-hour period will constitute a single occurrence. Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the described property. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Coverage Part. d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. s But if loss or damage by fire results, we will pay for that resulting loss or damage. &. Power Failure " The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. f. War and Military Action (1) War, including undeclared or civil war, (2) Warlike action by a military force, including action in hindering ' or . defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Water (1) Rood, surface water, waves, tides, tidal waves, overflow of any body of water, ~ or their spray, all whether driven by wind or not; (2) Mudslide or mudflow; (3) Water that backs up from a sewer or drain; or Copyright. ISO Commercial Risk Services, Inc., 1983,1987 Page 1 of 5 C.AN.29-PfllNT007-0020-0035-C paragraph 1. above to produce the loss or damage. ' b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting;. (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property on or off the described premises. 4. Special Exclusions The following provisions apply only to the specified Coverage Forms, a. Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form, or Extra Expense Coverage Form We will not' pay for - (1) Any loss caused by or resulting from: (a) Damage or destruction of "finished stock"; or (b) The time required to reproduce "finished stock". This exclusion does not apply to Extra Expense. (2) Any loss caused by or resulting from direct physical loss or damage to radio or television antennas, including their lead-in wiring, masts or towers. (3) Any increase of loss caused by or resulting from: (a) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of "operations", we will cover such loss that affects your Business Income during the "period of restoration". (4) Any -Extra Expense caused by or resulting from suspension, lapse or CP 10 30 07 88 COMMERCIAL PROPERTY cancellation of any license, lease or ---------- contract beyond the "period of restoration". (6) Any other consequential loss. b. Leasehold .Interest Coverage Form (1) Paragraph B.l.a., Ordinance or Law, does not apply to insurance under this Coverage Form. (2) We will not pay for any loss caused by: (a) Your cancelling the lease; (b) The suspension, lapse or cancellation of any license; or (c) Any other consequential loss. c. Legal Liability Coverage Form (1) The following Exclusions do not apply to insurance under this Coverage Form: (a) Paragraph B.1.a., Ordinance or Law; (b) Paragraph B.I.c., Governmental Action; (c) Paragraph B.1.d., Nuclear Hazard; (d)... Paragraph B.l.e., Power Failure; .................................... and ____ _ (e) Paragraph B.I.f., War and Military Action. (2) Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement. (3) Nuclear Hazard - - We will not defend any claim or "suit", or pay any damages, loss, expense or * obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused. C. LIMITATIONS 1. We will not pay for loss of or damage to: a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any Copyright. ISO Commercial Risk Services, Inc., 1983,1987 Page 3 of 5 C.AN.29-PRINT007-0020-0037.C - Coverage Part, under items 2., 3., 4., 5. and 6. unless the loss or damage is a direct result of the collapse of a building: outdoor radio or television antennas, including their lead-in wiring, masts or towers; awnings; gutters and downspouts; yard fixtures; outdoor swimming pools; fences; piers, wharves and docks; beach or diving platforms or appurtenances; retaining walls; walks, roadways and other payed surfaces. Collapse does not include settling, cracking, shrinkage, bulging or expansion. This Additional Coverage will not increase the Limits of Insurance provided in this Coverage Part E ADDITIONAL COVERAGE EXTENSIONS 1. Property in Transit This Extension applies only to your personal property to which this form applies. a. You may extend the insurance provided by this Coverage Part to apply to your personal property (other than property in the care, custody or control of your salespersons) in transit more than 100 feet from the described, premises. Property must be in or on a motor vehicle you own, lease or operate while between points in the coverage territory. b. Loss or damage must be caused by or result from one of the following causes of loss: (1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism. (2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with, another vehicle or object, it does not mean your vehicle's contact with the road bed. (3) Theft of an entire bale, case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is $1000. CP 10 30 07 88 COMMERCIAL PROPERTY This Coverage Extension is additional insurance. The Additional Condition, Coinsurance, does not apply to this Extension. 2. Water Damage, Other Liquids, Powder or Molten Material Damage. If loss or damage caused by' or resulting from covered water or other liquid, powder or molten material damage loss occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. We will not pay the cost to repair any defect that caused the loss or damage; but we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage: a. Results in discharge of any substance from an automatic fire protection system; or b. Is directly caused by freezing. F. DEFINITIONS "Specified Causes of Loss" means the following: Fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet; water damage. 1. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include: a. The cost of filling sinkholes; or b. Sinking or collapse of land into man-made underground cavities. 2. Falling objects does not include loss or damage to: a. Personal property in the open; or b. The interior of a building or structure, or property inside a building, or structure, unless the roof or an outside wail of the building or structure is first damaged by a failing object 3. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Copyright, ISO Commercial Risk Services, Inc., 1983,1987 Page 5 of 5 C-AN.29.PRINT007-0020-0039-: (b) Adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the "loss" occurred or for any demonstrated variance from the average for that month. 2. The following will be deducted from the total amount of accounts receivable, however that amount is established: (a) The amount of the accounts from which there is no loss; (b) The amount of the accounts that you are able to re-establish or collect; and (c) An amount to allow for probable bad debts that you are normally unable to collect. Limits of Insurance - The most we will pay for loss in any one occurrence is $1,000. L Computers and Software You may extend this insurance to apply to owned computers and software which is used in your business that is temporarily off-premises. This extension does not apply to Covered Property: (1) In or on. a. vehicle; . (2) in the care, custody or control of your sales person; or (3) At any fair or exhibition. The most we will pay for loss or damage under this extension is $1,000. C. The following is added to COVERED CAUSES OF LOSS: Sonic Boom meaning sudden and accidental loss or damage caused by sonic shock waves generated by commercial aircraft. This coverage is added as item 14. under paragraph A. of the CAUSES OF LOSS BASIC FORM or as item 18. under paragraph A. of the CAUSES OF LOSS - BROAD FORM or as a covered cause under paragraph A. of the CAUSES OF LOSS SPECIAL FORM. CP 75 91 01 86- COMMERCIAL PROPERTY D. If this policy includes the CAUSES OF LOSS BROAD FORM or CAUSES OF LOSS SPECIAL FORM, the CAUSES OF LOSS form is changed as follows: 1. The $100 limit for each plate, pane, multiple plate insulating unit, radiant or solar heating panel, jalousie, louver or shutter and the $500 limit in any one occurrence for all loss or damage in paragraph A.12. of the CAUSES OF LOSS BROAD FORM or paragraph C. 2 of the CAUSES OF LOSS SPECIAL FORM are replaced with a $500 limit for each plate, pane, multiple plate insulating unit radiant or solar heating panel, jalousie, louver or shutter and a $1,000 limit in . any one occurrence for all loss or damage. 2. We will pay for loss or damage caused by or resulting from vehicles you own or operate. The damage must not be intended by the insured. E. DEFINITIONS: 1. "Operations" means the type of your business activities occurring at the described premises. 2. "Period of Restoration" means the period of time that a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises; and b. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality. "Period of restoration" does not include any increased period required due to the enforcement of any law that regulates the construction, use or repair, or requires the tearing down of any property. The expiration date of this policy will not cut short the "period of restoration." Page 2 of 2 C-AN-29-PRINT007-0020-0041-C COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 11 85 COMMERCIAL 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 policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly 'provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. This insurance applies only to "bodily injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be caused by an "occurrence." The "occurrence" must take place in the "coverage territory." We will have the right and the duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III LIMITS OF INSURANCE; (2) We may investigate and settle any claim or "suit" at our discretion; and (3) 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 or B or medical expenses under Coverage C. ' b. 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." c. "Property Damage" that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the "occurrence" that caused iL Z Exclusions. This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force, to protect persons or property. b. "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) Assumed in a contract or agreement that is an "insured contract;" or (2) That the insured would have in the absence of the contract or agreement. c. "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift distribution or use of alcoholic beverages. -j- This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) 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. This exclusion does not apply to liability assumed by the insured under an "insured contract" Copyright, Insurance Services Office. Inc., 1982.1984 Page 1 of 9 C-*rr.29.PBINT007.00200043.C k. "Property damage" to "your product" arising out of it or any part of it. l. "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard." This exclusion does not apply if the damaged work or the work out of whieh the damage arises was performed on your behalf by a subcontractor. m. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect deficiency, inadequacy or dangerous condition in "your product" or "your work;" or (2) A delay or failure by you or anyone acting on your behalf to perform a contractor agreement in. accordance with its terms. This exclusion does not apply to the loss of . use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. _ n. 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 ot (1j. "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 n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A CG 00 01 11 85 COMMERCIAL GENERAL LIABILITY COVERAGE FORM AND B. We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE (2) We may investigate and settle any claim or "suit" at our discretion; and (3) 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 or B or medical expenses under Coverage C. b. This insurance applies to "personal injury" only if caused by an offense: (1) Committed in the "coverage territory" during the policy period; and (2) Arising out of the conduct of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you. c. This insurance applies to "advertising injury" oniy.if caused by an offense committed: (1) In the "coverage territory" during the policy period; and - (2) In the course of advertising your goods, products or services. 2. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury:" (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or W 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 b. "Advertising injury" arising out of: (1) Breach of contract other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or Copyright, Insurance Services Office, Inc., 1982,1984 Page 3 of 9 C.N.5q.PKINT0Or.0020.(XW5C ass' (1) "Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her employment; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. : d. Your legal representative if you dtey-but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for 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: a. "Bodily injury" to a co-employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 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 be deemed to be 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; CG 00 01 11 85 COMMERCIAL GENERAL LIABILITY COVERAGE FORM h. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and a Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed 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 or joint venture 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 a 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 C; and . b. Damages under Coverage A and Coverage B, except damages because of injury and damage included in the "products-completed operations hazard." 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of injury and damage included in the "products-completed operations hazard." 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 injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence." 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A' for damages because of "property damage" to premises rented to you arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. Copyright, Insurance Services Office. Inc., 1982,1984 Page 5 of 9 C.*H.29-PRINT007.C020 007.C We will share the remaining loss, if any, with the 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. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on the notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term 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. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. 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. CG 00 01 11 85 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or CL Infringement of copyright-title or slogan. 2. "Auto" means a land motor vehicle, trailer. or semitrailer designed for travel on public roads, including any attached machinery or equipment But "auto" does not include "mobile equipment." 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or 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 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. "Impaired property" means tangible property, other than "your product" or "your work" that cannot be used or is less useful because: Copyright. Insurance Services Office, Inc.. 1982,1984 Page 7 of 9 C-AN.29-PRINT007-0020-0049-C (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 9. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 10. "Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or _ 1 e. Oral or written publication of material that violates a person's right of privacy. 11. a. "Products - completed operations hazard" 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. b. "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. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. c. This hazard does not include "bodily injury" or "property damage" arising out of. CG 00 01 11 85 COMMERCIAL GENERAL LIABILITY COVERAGE FORM (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of if (2) The existence of tools, uninstalled equipment or abandoned or unused materials; (3) Products or operations for which the classification in this Coverage Part or in our manual of rules includes products or completed operations. 12. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured. 13. "Suit" means a civil proceeding in which damages because of "bodily injury," "property damage," "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 14. "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 warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. and b. above. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 15. "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 a. or b. above. - Copyright. Insurance Services Office. Inc.. 1982,1984 Page 9 of 9 C.AN.29.PRINT007.0020 0051-C EMPLOYERS CONTINGENT LIABILITY COVERAGE FORM CG 76 08 01 86 Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is, and is not, covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us," and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I EMPLOYERS CONTINGENT LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury by disease" or "bodily injury by accident" which occurs to any "employee" of the insured, provided that the "bodily injury" is covered by this insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance applies only to: (1) "Bodily injury" which arises out of and in the course of the injured "employee's" employment by the insured. Such employment must be necessary or incidental to the insured's work in the states of Nevada, North Dakota, Ohio, Washington, West Virginia or Wyoming. (2) "Bodily injury by accident" which occurs during the policy period; or (3) "Bodily injury by disease" if the "employee's" last day of last exposure to the employment conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. (4) "Bodily injury by accident" or "bodily injury by disease" which takes place in the "coverage territory." We will have the right and duty to defend any "suit" seeking covered damages. But: (1) The amount we will pay for damages is limited as described in SECTION III LIMITS OF INSURANCE; (2) We may investigate and settle any claim or "suit" at our discretion; and (3) 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. b. Damages because of "bodily injury" include damages: (1) Claimed by any person or organization for care, loss of services or death resulting at any time from "bodily injury" to the injured "employee." (2) Legally owed to a third party by reason of a claim or "suit" against the insured by such third party, to recover damages claimed against such third party as a result of injury to the insured's "employee." (3) For consequential "bodily injury" to a spouse, child, parent brother or sister of the injured "employee." This insurance applies to damages described in b. above, paragraphs (2) and (3), only if these damages are: (1) The direct consequence of "bodily injury" to the insured's "employee," arising out of and in the course of the injured "employee's" employment by the insured; and (2) Claimed against the insured in a capacity other than as "employer." 2. Exclusions. This insurance does not apply to: a. "Bodily injury" for which the insured is obligated to pay damages for liability assumed under 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. b. Punitive ot exemplary damages because of "bodily injury" to an "employee" employed in violation of law. c. "Bodily injury" to an "employee" while employed in violation of law with the insured's actual knowledge or the actual knowledge of any of the insured's executive officers. d. Any obligation of the insured under a workers compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law. e. "Bodily injury" intentionally caused or aggravated by the insured, or "bodily injury" resulting from an act which is determined by a court to have been committed by the insured with the belief that an injury is substantially certain to occur. Paoe 1 of 4 C*AN*29*PRINT007*0020-0053-C a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. "Bodily injury by accident" The limit shown in the Declarations for each accident is the most we will pay for all damages covered by this insurance because of "bodily injury" to one or more "employees" in any one accident. 3. "Bodily injury by disease." The limit shown in the Declaration for disease aggregate is the most we will pay for all damages covered by this insurance, because of "bodily injury by disease," regardless of the number of "employees" who sustain "bodily injury by disease." 4. The limit shown in the Declarations for each "employee" is the most we will pay for all damages because of "bodily injury by disease" to any one "employee." 5. We will not pay any claims for damages after we have paid the applicable limit of insurance. .6. The limits of the 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. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period is considered part of the last preceding period for purposes of determining the limit of insurance. SECTION IV - EMPLOYERS CONTINGENT LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Your Duties If Injury, Claim or "Suit" Occurs. a. Inform us at once if injury occurs that may be covered by this policy. The information should include: (1) How, when and where the injury took place; and (2) The names and addresses of any injured persons and witnesses. b. Write to us at once about any claim or "suit" brought against any insured. c. You and any other insured involved with an injury, claim or "suit" must (1) Promptly give us any demands, notices, and legal papers that are received by you and the other insured; and (2) Give us authority to get records and other information; and CG 76 08 01 86 (3) Cooperate with us in the investigation, settlement and defense of any injury, claim or "suit"; and (4) Help us, at our request to enforce any right against any person or organization which may be liable for "bodily injury" that may be covered-by this insurance. (5) Do nothing after an injury occurs that would interfere with our right to recover from others. d. If an insured offers to make a payment or assume an obligation or incur expense, without our consent the insured does so at the insured's own cost 3. Actions Against Us. No person or organization has a right under this Coverage Part a. To bring us into a "suit" which asks for damages from an insured; or b. To sue us on this Coverage Part unless all terms of this Coverage Part have been fully complied with. We may be sued to recover on an "agreed settlement" or a final judgment against an insured, obtained after an actual trial. But we will not pay damages that are not covered by this insurance. Nor will we pay damages in excess of the applicable limit of insurance. 4. Other Insurance. If other collectible insurance applies to a loss covered by this Coverage Part, we will not pay more than our share of loss, as explained in the following; a. This insurance is primary. However, if other insurance is also primary, we will share loss payment with all that other insurance by the method described in b. below. b. If all other insurance permits contribution by ' equal share, we will follow this method also. Under this method, each insurer pays equal amounts until it pays its applicable limit of insurance or none of the loss remians, 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 pays based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in the Declarations as advance premium for this Coverage Part is a deposit premium only. At the end of each audit period Pane 3 of 4 C.AN.2H.PRINT007-0020-0055-r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES CG 20 10 11 8S OR CONTRACTORS (FORM B) COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ASHLAND OIL, INC. & ITS SUBSIDIARY CO AIR PRODUCTS AND CHEMICAL INC. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, -but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, insurance Services Office. Inc., 1984 THIS ENDORSEMENT CHANDES THE PDLICT. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED WORK CG 21341185 COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Description of your work: SCHEDULE TOYOTA PLANT AT GEORGETOWN, KY. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsemenL) This insurance does not apply to "bodily injury," "property damage," "personal injury" or "advertising injury" arising out of "your work" shown in the Schedule. Copyright. Insurance Services Office, Inc., 1984 C-AN-29-PRINT007-00200057-C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NUCLEAR ENERGY LIABILITY - EXCLUSION ENDORSEMENT (Broad Form) ,L D This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage:" (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability: or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear materal" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material," it (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b)- has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured;" or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material," "Special nuclear material" or "by-product material;" "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor;" Copyright, Insurance Services Office, inc., 1983,1984 Page 1 of 2 C.AN.25-PRINT007.0020-0059-C EMPLOYEE-DISHONESTY COVERAGE FORM CR 00 01 01 86 V UMWURiftHnTI y -- v -- COMMERCIAL CRIME 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 the Territory General Condition for a period not more than 90 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 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 fails entirely within the Deductible Amount. b. Upon our request, give us a statement describing the loss. D. ADDITIONAL EXCLUSIONS, CONDITION AND DEFINITIONS: In addition to the provisions in the Crime General Provisions Form 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" 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. 2. Additional Condition Cancellation As To Any Employee: This insurance is cancelled as to any "employee": a. Immediately upon discovery by: (1) You: or (2) Any of your partners, officers or directors not in collusion with the "employee": of any dishonest act committed by that "employee" whether before or after becoming employed by you. 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, except you or a partner, with the manifest intent to: (1) Cause you to sustain loss; and also (2) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for (a) The "employee"; or (b) Any person or organization intended by the "employee" 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 series of acts. Pace i ofi C-AN-29-PRINT007-0020-0061-C THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM CR 00 04 02 87 COMMERCIAL CRIME A. COVERAGE - We will pay for loss of Covered Property resulting directly from the Covered Causes of Loss. 1. Section 1. - inside The Premisesa. Covered Property: "Money" and "securities" inside the "premises" or a "banking premises". b. Covered Causes of Loss (1) "Theft" (2) Disappearance (3) Destruction c. Coverage Extensions (1) Containers of Covered Property: We will pay for loss of, and loss from damage to, a locked safe, vault, cash register, cash box or cash drawer located in the "premises" resulting directly from an actual or attempted: (a) "Theft" of; or (b) Unlawful entry into those containers. (2) Premises Damage: We will pay for loss from damage to the "premises" or its exterior resulting directly from an actual or attempted "theft" of Covered Property if you are the owner of the "premises" or are liable for damage to it. 2. Section 2. Outside the Premises a. Covered Property: "Money" and "securities" outside the "premises" in the care and custody of a "messenger." b. Covered Causes of Loss (1) "Theft" (2) Disappearance (3) Destruction c. Coverage Extension Conveyance of Property By Armored Motor Vehicle Company: We will pay for loss of Covered Property resulting directly from the Covered Causes of Loss while outside the "premises" in the care and custody of an armored motor vehicle company. ut, we will pay only for the amount of loss that you cannot recover (1) Under your contract with the armored motor vehicle company; and (2) From any insurance or indemnity carried by or for the benefit of customers of, the armored motor vehicle company. 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 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. D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS: in addition to the provisions in the Crime General Provisions form, this Coverage Form is subject to the following; 1. Additional Exclusions: We will not pay for loss as specified below: a. Accounting or Arithmetical Errors or Omissions: Loss resulting from accounting or arithmetical errors or omissions. b. Acts of Employees, Directors, Trustees or Representatives: Loss resulting from any dishonest or criminal act committed by any of your "employees," directors, trustees or authorized representatives: (1) Acting alone or in collusion with other persons; or (2) While performing services for you or otherwise. c. Exchanges or Purchases: Loss resulting from the giving or surrendering of property in any exchange or purchase. d. Fire: Loss from damage to the "premises" resulting from fire, however caused. e. Money Operated Devices: Loss of property contained in any money operated device unless the amount of "money" deposited in it is recorded by a continuous recording instrument in the device. f. Transfer or Surrender of Property (1) Loss of property after it has been transferred or surrendered to a person or place outside the "premises" or "banking premises:" (a) On the basis of unauthorized instructions; or (b) As a result of a threat to do: L Bodily harm to any person; or iL Damage to any property. Copyright, insurance Services Office, Inc., 1984 Page 1 of 2 C-AN.29-PRINT007.0020-0063.C CRIME GENERAL PROVISIONS CR 10 00 07 88 COMMERCIAL CRIME Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is or is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the DECLARATIONS. The words "we", "us" and "our" refer to the Company providing this insurance. Words and phrases in quotation marks are defined in the policy. Unless stated otherwise in any Crime Coverage Form, DECLARATIONS or endorsment, the following General Exclusions, General Conditions and General Definitions apply to all Crime Coverage Forms forming part of this policy. A. GENERAL EXCLUSIONS We will not pay for loss as specified below: 1. Acts Committed by You or Your Partners: Loss resulting from any dishonest or criminal act committed by you or any of your partners whether acting alone or in collusion with other persons. 2. Governmental Action: Loss resulting from seizure or destruction of property 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. B. GENERAL CONDITIONS 1. Consolidation-Merger. If through consolidation or merger with, or purchase of assets 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", but only if you: a. Give us written notice within 30 days thereafter; and b. Pay us an additional premium. 2. 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. 3. Discovery Period of Loss: We will pay only for covered loss discovered no later than one year from the end of the policy period. - 4r 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. (L Cooperate with us in the investigation and . settlement of any claim. 5. 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. b. If any Insured or partner 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. Copyright, insurance Services Office, 1984 Page 1 of 4 C-AN.29-PR1NT007.0020-0065-C (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 events occurring within the United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone, 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. (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"; (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 the: CR 10 00 07 88 COMMERCIAL CRIME L Value of the "securities" at the close of business on the day the loss was discovered; or IL. 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 OL.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 excluding, however, any such person while having care and custody of property outside the "premises". Copyright, insurance Services Office, 1984 Page 3 of 4 C*AN-29-PRtNT007-0020*0067*C -- - THIS ENDORSEMEHT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBLIMITS FOR MONEY AND SECURITIES CR 15 36 07 88 COMMERCIAL CRIME _ POLICY NUMBER: 02-CC-207311-1 This endorsement applies to the Crime Coverage Forms and Sections of those forms designated below: Coverage Form Section Title gc 01' g2 THEFT, DISAPPEARANCE AND DESTRUCTION > ROBBERY * SAFE BURGLARY A. SCHEDULE* Address of Premises LOCATION #1 Money, Securities andOther Property : Securities Checks other than Payroll Checks Total Section 1 $1000 $ $ 150000 $ 151000 Section 2 $1000 $ $ 150000 $ 151000 B. PROVISIONS The Limit of Insurance shown in the Declarations is changed to the limit shown in the SCHEDULE for the type of property indicated. 'Information required to complete this SCHEDULE, if not shown on this endorsement, will be shown in the Declarations. ' Copyright. Insurance Services Office, inc., 1988 Page 1 of 1 C-*N.29-PHINT007.0W0 0069C COMMERCIAL INLAND MARINE CONDITIONS CM 00 01 11 85 ,, COMMERCIAL INLAND MARINE The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: LOSS CONDITIONS A. ABANDONMENT There can be no abandonment of any property to us. B. APPRAISAL If we and you disagree on the value of the property or the amount of "loss," either may make written demand for an appraisal of the "loss." In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of "loss." If they fail to agree, they will submit their difference to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. C. DUTIES IN THE EVENT OF LOSS You must see that the following are done in the event of "loss" to Covered Property. 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the "loss." Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the "loss" occurred. 4. Take all reasonable steps to protect the Covered Property from further damage. If feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses, for consideration in the settlement of the claim. 5. Make no statement that will assume any obligation or admit any liability, for any "loss" for which we may be liable, without our consent. 6. Permit us to inspect the property and records proving "loss." 7. If requested, permit us to question you under oath, at such times as may be reasonably required, about any matter relating to this insurance or your claim, including your books and records. In such event, your answers must be signed. 8. Send us a signed, sworn statement of "loss" containing the information we request to settle the claim. You must do this within 60 days after our request We will supply you with the necessary forms. 9. Promptly send us any legal papers or notices received concerning the "loss." 10. Cooperate with us in th.e investigation or settlement of the claim. D. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy's coverages apply to the same "loss," we will not pay more than the actual amount of the "loss." E. LOSS PAYMENT We will pay or make good any "loss" covered under this Coverage Part within 30 days after 1. We reach agreement with you; 2. The entry of final judgment; or 3. The filing of an appraisal award. We will not be liable for any part of a "loss" that has been paid or made good by others. F. OTHER INSURANCE If you have other insurance covering the same "loss" as the insurance under this Coverage Part, we will pay only the excess over what you should have received from the other insurance. We will pay the excess whether you can collect on the other insurance or not. G. PAIR, SETS OR PARTS 1. Pair or Set. In case of "loss" to any part of a pair ' or set we may: a. Repair or replace any part to restore the pair or set to its value before the "loss"; or b. Pay the difference between the value of the pair or set before and after the "loss." 2. Parts. In case of "loss" to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. PRIVILEGE TO ADJUST WITH OWNER In the event of "loss" involving property of others in your care, custody or control, we have the right to: 1. Settle the "loss" with the owners of the property. A receipt for payment from the owners of that property will satisfy any claim of yours. Copyright, Insurance Services Office, Inc.. 1983 Page 1 of 2 C-AN.29-PRINT007.0020-0071-C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MECHANICAL AND ELECTRICAL BREAKDOWN CM 78 41 11 88 COVERAGE ENDORSEMENT commercial inland marine This endorsement modifies insurance provided under the following: MINI-COMPUTER COVERAGE FORM We will pay for DIRECT PHYSICAL "LOSS" to Covered Property caused by or resulting from: a. Mechanical breakdown or machinery breakdown; b. Short circuit, blow-out or other electrical damage to electrical equipment apparatus or devices including wiring; c. Electrical or magnetic injury or disturbance or erasure of electronic recordings. But we will not pay for a "loss" caused by any change in your electrical power supply which originates more than 1000 feet away from the building housing the Covered Property. DEDUCTIBLE We will not pay for "loss" in any one occurrence until the amount of the adjusted "loss" before applying the applicable Limits of insurance exceeds the Mechanical and Electrical Breakdown Deductible shown in the Declarations. We will then pay the amount of the adjusted "loss``-in excess of the Deductible, up to the applicable Limit of Insurance. C-AN-29*PR1NT007*0020`D073*C (3) Insurrection, rebellion, revolution, unsurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for a "loss" caused by or resulting from any of the following: a. Delay, loss of use, loss of market or any other consequential loss. b. Unexplained disappearance. c. Shortage found upon taking inventory. d. Dishonest acts by you, anyone else with an interest in the property, your or their employees or authorized representatives or anyone entrusted with the property, whether or not acting alone or in collusion with other persons or occurring during the hours of employment. But this exclusion does not apply to a carrier for hire. e. Artificially generated current creating a short circuit or other electric disturbance within an article covered under this Coverage Form. This exclusion only applies to "loss" to that article in which the disturbance occurs. f. Theft from an unattended vehicle, unless: (1) The vehicle is equipped with a fully enclosed body or compartment; and (2) The "loss" is a direct result of forcible entry (of which there is visable evidence) into a fully enclosed body, the doors and windows of which have been securely locked or from a compartment which shall have been locked. g. Your neglect to use all reasonable means to save an preserve the property at and after any "loss" or when the property is so endangered. 3. We will not pay for a "loss" caused by or resulting from any of the following. But if "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss." a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the "loss." b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Faulty, inadequate or defective: (1) Plannjng, zoning, surveying, siting; development, CM 78 80 11 88 COMMERCIAL INLAND MARINE (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or - (4) Maintenance; of part or all of any property wherever located. d. Collapse except as provided in the Additional Coverage Collapse section of the Coverage Form. e. Wear and tear, any quality in the property that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, depreciation, mechanical breakdown, insects, vermin, rodents, corrosion, rust, dampness, cold or heat. C. LIMITS OF INSURANCE The most we will pay for "loss" in any one occurrence is the applicable Limit of Insurance shown in the Declarations. D. DEDUCTIBLE We will not pay for "loss" in any one'occurrence until the amount of the adjusted "loss" before applying the applicable Limits of Insurance exceeds the Deductible shown in the Declarations. We will then pay the amount of the adjusted "loss" in excess of the Deductible, up to the applicable Limit of Insurance. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Commerical Inland Marine Conditions and the Common Policy Conditions: 1. COVERAGE TERRITORY a. The United States of America; and b. Canada. 2. COINSURANCE All Covered Property must be insured for 100% of its total value as of the time of "loss" or you will incur a penalty. The penalty is that we will pay only the proportion of any "loss" that the Limit of insurance shown in the Declarations for all Covered Property at all locations bears to 100% of the total value of all property at all locations as of the time of "loss." 3. NOTICE TO POLICE You agree that you will report promptly to the Police Department all thefts or acts of vandals. F. DEFINITIONS "Loss" means accidental loss or damage. Paoe 2 of 2 C-AN.29-PHINT007.0020 0075-C BUILDERS' RISK/INSTALLATION COVERAGE FORM TM 78 2111 " COMMERCIAL INLAND MARINE Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F - DEFINITIONS. DESCRIPTION OF JOB COVERAGE 'IS PROVIDED FOR INSTALLATION OF COMMERCIAL AND INDUSTRIAL INSULATION. A COVERAGE We will pay for "loss" to Covered Property from any of the Covered Causes of Loss. 1. COVERED PROPERTY, as used in this Coverage Form, means: ' a. b. c. Buildings or structures. and their foundations, which are described above or in the Declarations while in the course of construction, installation, reconstruction, or repair, Machinery, tools, materials, equipment, supplies and fixtures that are destined to become a permanent part of the buiiding(s) or structure(s); and Construction forms, scaffolding and temporary structures built or assembled on site and used in the construction. 2. PROPERTY NOT COVERED Covered Property does not include: a. Existing buildings or structures to which improvements, alterations, repairs or additions are being made; b. Land (including land on which the property is located); c. Lawns, trees, shrubs or plants; d. Plans, drawings, blueprints, designs or specifications; e. Accounts, bills, currency, deeds, money, notes, securities and evidences of debt; 3. COVEREO CAUSES OF LOSS Covered Causes of Loss means RISKS OF DIRECT PHYSICAL "LOSS" to Covered Property except those causes of "loss" listed in the Exclusions. 4. a. ADDITIONAL COVERAGE - COLLAPSE We will pay for direct "loss" caused by or resulting from risks of direct physical "loss" involving collapse of all or part of a building or structure caused by one or more of the following: (1) Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riot; civil commotion; vandalism; .........................breakage of glass; falling objects; weight of snow, ice or sleet; water damage; all only as covered in this Coverage Form. (2) Hidden decay; (3) Hidden insect or vermin damage; (4) Weight of people or personal property; (5) Weight of rain that collects on a roof; (6) Use of defective materials or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. . We will not pay for loss or damage to the following types of property, if otherwise covered in this Coverage Part, under items (2), (3), (4), (5) and (6) unless the loss or damage is a direct result of the collapse of a building: outdoor radio or television antennas, including their lead-in wiring, mast or towers; gutters and downspouts; yard fixtures; outdoor swimming pools; fences; piers, wharves and docks; beach or diving platforms or appurtenances; retaining walls; walks; roadways and other paved surfaces. Page 1 of 4 C.AN.29-PRINT007-0020-0077-C But this exclusion does not apply to a carrier for hire. e. Artificially generated current creating a short circuit or other electric disturbance within an article covered under this Coverage Form. But we will pay for direct "loss" caused by resulting fire or explosion, if these causes of "loss" would be-covered under this Coverage Form. This exclusion only applies to "loss" to that article in which the disturbance occurs. f. Explosion, rupture or bursting of steam boilers, steam pipes, steam turbines or steam engines. g. Settling, cracking, shrinkage or expansion of the covered property. h. Your neglect to use all reasonable means to save and preserve the property at and after any "loss" or when the property is so endangered. 3. We will not pay for a "loss" caused by or resulting from any of the following. But if "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss." .... a. Weather conditions. But this exclusion only > applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the "loss." b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Collapse except as provided in the Additional Coverage Collapse section of this Coverage Form. d. Wear and tear, any quality in the property that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, depreciation, mechanical breakdown, insects, vermin, rodents, corrosion, rust, dampness, cold or heat. e. The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. f. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, reconstruction, installation, remodeling, grading, compaction; -CM 78 21 11 88 COMMERCIAL INLAND MARINE (3) Materials used in repair, construction, reconstruction, renovation, remodeling or installation; or (4) Maintenance; of part or all of any property on or off the construction site as described in the Declarations; or g. Mechanical breakdown, rupture or bursting caused by centrifugal force. C. LIMITS OF INSURANCE Construction forms, scaffolding and temporary structures $ 50,000 Property in transit $ 50,000 Maximum value at any one job site $ 500,000 The most we will pay for "loss" in any one occurrence is the applicable Limit of Insurance shown above or in the Declarations. ^ DEDUCTIBLE........................ We will not pay for "loss" in any one occurrence until the amount of the adjusted "loss" before applying the applicable Limits of Insurance exceeds the Deductible shown in the Declarations. We will then pay the amount of the adjusted "loss" in excess of the Deductible, up to the applicable Limit of Insurance. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions: 1. COVERAGE TERRITORY We cover property while: a. It is located at the premises described in the Declarations. b. It is in transit to or from the premises described in the Declarations. c. It is temporarily located elsewhere for a period not exceeding 60 days. Z TERM OF COVERAGE We cover from the time the property is at your risk starting on or after the time this coverage begins, but we will not coven a. After the owner or buyer accepts the property; b. When your interest ceases; Page 3 of 4 C-AN-29-SRINT007-0020-0079-C CONTRACTORS EQUIPMENT COVERAGE FORM CM 78 3511 88 COMMERCIAL INLAND MARINE 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,M "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F - DEFINITIONS. A. COVERAGE We will pay for "loss" to Covered Property from any of the Covered Causes of Loss. 1. COVERED PROPERTY, as used in this Coverage Form, means: Contractors Equipment described in the Declarations including accessory equipment and spare parts designed for use with the property scheduled which is: a. Your property; or b. Property of others' which is in your care and for which you are liable. 2. PROPERTY NOT COVERED Covered Property does not include: a. Automobiles, or other vehicles designed for highway use, unless unlicensed and not operated on public roads; b. Watercraft; c. .Aircraft; d. Property while airborne or waterborne, except while in transit; e. Property while in cofferdams or while below the surface of the ground; f. Property you have loaned, rented or leased to others; or g. Property which has become a permanent part of any structure. .3. COVERED CAUSES OF LOSS Covered Causes of Loss means RISKS OF DIRECT PHYSICAL "LOSS" to Covered Property except those causes of "loss" listed in the Exclusions. 4. ADDITIONAL COVERAGE - COLLAPSE We will pay for direct "loss" caused by or resulting from risks of direct physical "loss" involving collapse of all or part of a building or structure caused by one or more of the following: a. Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riot; civil. commotion; vandalism; breakage of glass; falling objects; weight of snow, ice or sleet; water damage; all only as covered in this Coverage Form; b. Hidden decay; c. Hidden insect or vermin damage; (L Weight of people or personal property; e. Weight of rain that collects on a roof; f. Use of defective materials or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. g. Earth movement, including earthquake, volcanic eruption, landslide, mudflow, mine subsidence, earth sinking, rising or shifting. h. Rood, surface water, waves, tides, tidal waves, overflow of any body of water or their spray. This Additional Coverage does not increase the Limits of Insurance provided in this Coverage Form. 5. COVERAGE EXTENSION Unscheduled Tools When a Limit of Insurance is shown, we will pay for direct "loss" to unscheduled tools and contractors equipment which is: a. Your property; or b. Property of others which is in your care and tor which you are liable. B. EXCLUSIONS 1. We will not pay for a "loss" caused directly or indirectly by 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. GOVERNMENTAL ACTION Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire-to prevent its spread if the fire would be covered under this Coverage Form. Paoe i of 3 C*AN*29*PRINT007*0020`0081*C E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Commercial Inland Marine and hie Common Policy Conditions: 1. COVERAGE TERRITORY We cover property wherever located within: a. The United States of America; and b. Canada. 2. COINSURANCE All Covered Property must be insured for 100% of its total value as of the time of "loss" or you will incur a penalty. The penalty is that we will pay only the proportion of any "loss" that the Limit of Insurance shown in the Declarations for all Covered Property at all locations bears to 100% of the total value of ail property at all locations as of the time of "loss." CM 78 35 11 88 COMMERCIAL INLAND MARINE 3. ADDITIONAL ACQUIRED PROPERTY If during the policy period you acquire additional property of a type already covered by this form, we will cover such property for up to 30 days. The most we will pay in a "loss" is the lesser of: a. 25% of the total Limit of Insurance shown in the Declarations for that type of property; or b. $100,000. You will report such property within 30 days from the date acquired and will 'pay any additional premium due. If you do not report such property, coverage will cease automatically 30 days after the date the property is acquired. 4. NOTICE TO POLICE You agree that you will report promptly to the ' Police Department all thefts or acts of vandals. F. DEFINITIONS "Loss" means accidental loss or damage. Page 3 of 3 n-AN.?P.PRINT007.0020-0083-C a. GOVERNMENTAL ACTIONS Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Form. b. NUCLEAR HAZARD (1) Any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination from any other cause. But we will pay for direct "loss" caused by resulting fire if the fire would be covered under this Coverage Form. c. WAR AND MILITARY ACTION (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for a "loss" caused by or resulting from any of the following: a. Delay, loss of market, loss of use, loss of income or interruption of business. b. Unexplained disappearance. c. Error or omission caused by programming error or incorrect, instructions to the machine. d. Dishonest acts by you, anyone else with an interest in the property, your or their employees or authorized representatives or anyone entrusted with the property, whether or not acting alone or in collusion with other persons or occurring during the hours of employment But this exclusion does not apply to a carrier for hire. e. Artificially generated current creating a short circuit or other electric disturbance within an article covered under this Coverage Form. But we will pay for direct "loss" caused by resulting Jre or explosion, if these causes CM 78 40 11 88 COMMERCIAL INLAND MARINE of "loss" would be covered under this Coverage Form. This exclusion only applies to "loss" to that article in which the disturbance occurs. L Actual work upon the property covered. But we will pay for direct "loss" caused by resulting fire or explosion, if these causes of "loss". would be covered under this Coverage Form. This exclusion only applies to "loss" to that article in which the disturbance occurs, g. Your neglect to use all reasonable means to save and preserve the property at and after any "loss" or when the property is so endangered. 3. We will not pay for a "loss" caused by or resulting from any of the following. But if "loss" by a Covered Cause of Loss results, we will pay that resulting "loss." a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the "loss." b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Collapse except as provided in the Additional Coverage - Collapse section of this Coverage Form. d. Wear and tear, any quality in the property that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, depreciation, mechanical breakdown, insects, vermin, rodents, corrosion, rust, dampness, cold or heat LIMITS OF INSURANCE The most we will pay for "loss" in any one occurrence is the applicable Limit of Insurance shown in the Declarations. 1. Media The most we will pay for "loss" to "Active Data Processing Media" in any one occurrence is $ 15000 , or $5,000, whichever is greater. 2. Extra Expense The most we will pay for "loss" for "extra expense" in any one occurrence is $ 20000 , or $5,000, whichever is greater. Page 2 of 3 C-AN-29-PRINT007.0020 0085-C COMMON POLICY CONDITIONS IL 00 17 11 85 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 thispolicy 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 Nambd insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; Z Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or Z Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E PREMIUMS The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and Z Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright, Insurance Services Office, Inc., 1982,1983 Page 1 of 1 C-AN.29-PRINT007.0020-0087-C B. The following is added to the Common Policy Conditions and supersedes any provisions to the contrary: NONRENEWAL 1. If we elect not to renew this policy, we will mail written notice of nonrenewal to the first Named Insured, and agent if any, at the last mailing addresses known to us. .The notice will contain the date of the notice and the policy number, and will state the expiration date of the policy. 2. We will mail the notice of nonrenewal at least 30 days before the expiration date of the policy. 3. Proof of mailing will be sufficient proof of notice. C. 1. Paragraph A.2.a. of the BUSINESSOWNERS Common Policy Conditions is deleted. 2. Paragraph E.2. of the Cancellation Common Policy Condition in the STANDARD PROPERTY POLICY is deleted. Paragraph E.2. is replaced by the following (unless item A. of this endorsement applies): 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, if we cancel for any other reason. Copyright, Insurance Services Office, Inc., 1988 Copyright, Insurance Risk Services, Inc., 1988 Page 2 of 2 C-AN-29-PRINTOO7-O02O-O0B9- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROTECTIVE SAFEGUARDS II04 15 01 87 This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART SCHEDULE Prem. No. Bldg. No. 11 12 13 Describe any "P*9": SONITROL CENTRAL STATION ALARM SONITROL CENTRAL STATION ALARM SONITROL CENTRAL STATION ALARM Protective Safeguards Symbols Applicable P-9 P-9 P-9 A This insurance will be automatically suspended at the involved location if you fail to notify us immediately when you: 1. Know of any suspension or impairment in the protective safeguards; or 2. Fail to maintain the protective safeguards over which you have control in complete working order. If part of an Automatic Sprinkler System is shut off due to breakage, leakage, freezing conditions or opening of sprinkler heads, notification to us will not be necessary if you can restore full protection within 48 hours. B. The protective safeguards to which this endorsement applies are identified by the following symbols: "P-1" Automatic Sprinkler System, including related supervisory services. Automatic Sprinkler System means: a. Any automatic fire protective or extinguishing system, including connected: (1) Sprinklers and discharge nozzles; (2) Ducts, pipes, valves and fittings; (3) Tanks, their component parts and supports; and (4) Pumps and private fire protection mains. b. When supplied from an automatic fire protective system: (1) Non-automatic fire protective systems; and (2) Hydrants, standpipes and outlets. "P-2" Automatic Fire Alarm, protecting the entire building, that is; a. Connected to a central station; or b. Reporting to a public or private fire alarm station. "P-3" Security Service, with a recording system or watch clock, making hourly rounds covering the entire building, when the premises are not in actual operation. "P-4" Service Contract with a privately owned fire department providing fire protection service to the described premises. "P-9" The protective system described in the Schedule. "Information required to-eompiete this Schedule, if not shown on this endorsement, will be shown in the Declarations. Copyright. Insurance Services Offices, Inc., 1985 Copyright, ISO Commercial Risk Services. Inc., 1985 Page 1 of 1 C-AN-29-PRINT007-0020-009) -C