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PROOF OF INSURANCE (2021 - 2022) CLOSEDR DATE (MMIDDIYYY1� CERTIFICATE OF LIABILITY INSURANCE 5114/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C' ,,.. ....-"".�...._ � _...._. CONTACT Lovitt & Touche A Marsh and McLennan Agency, LLC PHonE "" N 1 a -2258 1050 W Washington Street, Suite 233 ( L orna Selfrid 0 802 9 1 „ . ITm Tempe AZ 85281 „A�DDRIESS_ tseoridg ._@Iovltt touch om .. _. ., _ INSURED VirTra, Inc. VirTra Systems, Inc. 7970 S Kyrene Rd Tempe AZ 85284 CnVFRAr_FR A: Federal Insurance Com VIRTSYS-C21 INSURER B : ('.FRTIFIrATF NIIMRFR• 177QRn917R INSURER,D INSURER E E REVISION NUMBER: NAIC # 20281 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ... ......"..,... ....... ..,_ -"-. - _ �.....�.." _ ._,. p ObLic EXP..„.......� ...................... ---- ILTR DrrA ' t3Ft POLfCYNUMBER MM/DDYEFF TYPE OF INSURANCE l LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 35916537 3/11 /2021 3/11/2022 EACH OCCURRENCE $ 1 000 000 X w] t,/41Ht�A�'a'E`1t�f�k�N'1'L'I�` ... $ 1 000 000 CLAIMS -MADE OCCUR PREMISES Ea accurrenoej .........,,, MED EXP An one p PERSONAL & ADV INJURY $ 1 000,000 _ GE N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREG ATE $2 000 000 �....,. � � � __ � fRO POLICY JI":CT X LOC PRODUCTS COMP/OPAGG $ 2 000 000 ___ __ OTHER: $ A AUTOMOBILE LIABILITY 73577294 3/11/2021 3/11/2022 COMBINED BODI $1 000 000 ANY AUTO INJURY (Per on) $ OWNED SCHEDULED BODILY INJURY (Per accident)I $ AUTOS ONLY AUTOS X HIRED X NON -OWNED rROPERTYDAMAGF $ AUTOS ONLY AUTOS ONLY (fer n1rc'Oppi) ...... .... A X LIAB X OCCUR 79871478 3111 /2021 3/11I2022 $ 155 000 EXCESS LIAB CIMS-MADE AGGRE AT E _ 00000 $1CURRENCE . _ -UMBRELLA DED RETENTION $ $ A WORKERS COMPENSATION Y 71765122 11/18/2020 11/18/2021 X PER STASUTE I ERH, AND EMPLOYERS'LIABILITY YIN E L EACHACCIDENT _ � $ 1,000,000 ANYP OPRI TOR/PARTNE EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A .... (Mandatory in NH) E.L. DISEASE EA EMPLOYEEI - .......... --- .�.._ $ 1,000,000 ....—__ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $ 1,000,000 A Hired Auto Physical Damage 73577294 1/11/2021 3/11/2022 Hired Auto Comp Ded $100 Hired Auto Coll Ded $500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as additional insured as respects general liability coverage and if required in a written contract, subject to all policy terms, conditions, definitions and exclusions. General Liability coverage is primary and anon -contributory if required by written contract. Waiver of Subrogation applies to the general liability if required in a written contract. Waiver of Subrogation applies to Workers' Compensation if required in a written contract. City of El Segundo 350 Main Street El Segundo CA 90245 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C H U B Bm Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization MARCH 11, 2021 TO MARCH 11, 2022 MARCH 11, 2021 3591-65-37 WCE VIRTRA, INC. FEDERAL INSURANCE COMPANY JANUARY 11, 2021 Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Liability Insurance Addifional Insured - Scheduled Person Or Organization continued Form 80-02-2367 (Rev. 5-07) Endo►sement Page 1 C IFH U B Bo Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. A r Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized RepresentativeCy Liability Insurance Addifional Insured - Scheduled Person Or Organization Form 80-02-2367 (Rev. 5-07) Endorsement last page Page 2 C HU B Bm General Liability Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract: Coverages; Investigation, Defense And Settlements; Supplementary Payments; Coverage Territory; Who Is An Insured; Limits Of Insurance; Exclusions; Conditions; and Definitions, as well as the Declarations, Common Policy Conditions and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words "you" and "your" refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words "we," "us" and "our" refer to the Company providing this insurance. In addition to the Named Insured, other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Bodily Injury And Property Subject to all of the terms and conditions of this insurance, we will pay damages that the insured Damage Liability becomes legally obligated to pay by reason of liability: Coverage 0 imposed by law; or • assumed in an insured contact; for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments sections of this contract, we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Subject to all of the terms and conditions of this insurance, we will pay damages that the insured Personal Injury Liability becomes legally obligated to pay by reason of liability: Coverage a imposed by law; or • assumed in an insured contract; for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is fast committed during the policy period. Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments sections of this contract, we have no other obligation or liability to pay sums or perform acts or services under this coverage. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 3 of 32 Coverages (continued) Medical Expenses Subject to all of the terms and conditions of this insurance, we will pay medical expenses for Coverage bodily injury caused by an accident to which this coverage applies: • that takes place on premises rented to or owned by you; or • in connection with your operations; provided that such: • accident occurs during the policy period; • expenses are incurred and reported to us within three (3) years of the date of the accident; and • person who sustained such bodily injury submits to examination, at our expense, by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. We have no other obligation or liability under this coverage. Investigation, Defense Subject to all of the terms and conditions of this insurance, we will have the right and duty to And Settlements defend the insured against a suit, even if such suit is false, fraudulent or groundless. If such a suit is brought, we will pay reasonable attorney fees and necessary litigation expenses to defend: the insured; and if applicable, the indemnittee of the insured, provided the obligation to defend, or the cost of the defense of, such indernittee has been assumed by such insured in an insured contract. Such attorney fees and litigation expenses will be paid as described in the Supplementary Payments section of this contract. We have no duty to defend any person or organization against any suit seeking damages to which this insurance does not apply. We may, at our discretion, investigate any occurrence or offense and settle any claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Subject to all of the terms and conditions of this insurance, we will pay, with respect to a claim we Payments investigate or settle, or a suit against an insured we defend: A. the expenses we incur. B. the cost of: 1. bail bonds; or 2. bonds required to: a. appeal judgments; or Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 4 of 32 C H U B" General Liability Supplementary b. release attachments; Payments but only for bond amounts within the available Limit Of Insurance. We do not have to (continued) furnish these bonds. C. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit, including actual loss of earnings up to $1000 a day because of time off from work. D. costs taxed against the insured in the suit, except any, 1. attorney fees or litigation expenses; or 2, other loss, cost or expense; in connection with any injunction or other equitable relief. E. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. F. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable Limit Of Insurance. Supplementary Payments does not include any fine or other penalty. These payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory This insurance applies anywhere, provided the insured's responsibility to pay damages, to which this insurance applies, is determined in a suit on the merits brought in the United States of America (including its possessions and territories), Canada or Puerto Rico, or in a settlement to which we agree. Who Is An Insured Sole Proprietorships If you are an individual, you and your spouse are insureds; but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die: • persons or organizations having proper temporary custody of your property are insureds; but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and • your legal representatives are insureds; but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. babdity Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 5 of 32 Who Is An Insured (continued) Partnerships Or Joint If you are a partnership (including a limited liability partnership) or a joint venture, you are an Ventures insured. Your members, your partners and their spouses are insureds; but they are insureds only with respect to the conduct of your business. Limited Liability If you are a limited liability company, you are an insured. Your members and their spouses are Companies insureds; but they are insureds only with respect to the conduct of your business. Your managers are insureds; but they are insureds only with respect to their duties as your managers. Other Organizations If you are an organization (including a professional corporation) other than a partnership, joint venture or limited liability company, you are an insured. Your directors and officers are insureds; but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds; but they are insureds only with respect to their liability as your stockholders. Employees Your employees are insureds; but they are insureds only for acts within the scope of their employment by you or while performing, duties related to the conduct of your business. However, no employee is an insured for: A. bodily injury, adverting injury or personal injury: to you, to any of your directors, managers, members, officers or partners (whether or not an employee) or to any co -employee while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; to the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in subparagraph A.1. above; or for which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in subparagraphs A.1. or A.2. above. With respect to bodily injury only, this limitation does not apply to: you or to your directors, managers, members, officers, partners or supervisors as insureds; or your employees, as insureds, with respect to such damages caused by cardio- pulmonary resuscitation or first aid services administered by such an employee; or B. property damage to any property owned, occupied or used by you or by any of your directors, managers, members, officers or partners (whether or not an employee) or by any of your employees. This liritation does not apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 6 of 32 C H U B Bm General Liability Who Is An Insured (continued) Volunteers Persons who are volunteer workers for you are insureds; but they are insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons (other than your employees) or organizations acting as your real estate managers are insureds; but they are insureds only with respect to their duties as your real estate managers. Permissive Users Of With respect to mobile equipment registered in your name under a motor vehicle registration law: Mobile Equipment A. persons driving such equipment on a public road with your permission are insureds; and B. persons or organizations responsible for the conduct of such persons described in subparagraph A. above are insureds; but they are insureds only with respect to the operation of the equipment and only if no other insurance of any kind is available to them. However, no person or organization is an insured with respect to: • bodily injury to any co -employee of the person driving the equipment; or • property damage to any property owned or occupied by or loaned or rented to you, or in your charge or the charge of the employer of any person who is an insured under this provision. Vendors Persons or organizations who are vendors of your products are insureds; but they are insureds only with respect to their liability for damages for bodily injury or property damage resulting from the distribution or sale of your products in the regular course of their business and only if this insurance applies to the products -completed operations hazard. However, no such person or organization is an insured with respect to any: • assumption of liability by them in a contract or agreement. This limitation does not apply to the liability for damages for bodily injury or property damage that such vendor would have in the absence of such contract or agreement; • representation or warranty unauthorized by you; • physical or chemical change in your products made intentionally by the vendor; • repackaging, unless unpacked solely for the purpose of inspection, demonstration or testing, or the substitution of parts under instruction from the manufacturer and then repacked in the original container; • failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of your products; • demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of your products; or • of your products which, after distribution or sale by you, have been labeled or relabeled or used as a container, ingredient or part of any other thing or substance by or for the vendor. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 7 of 32 Who Is An Insured Vendors Further, no person or organization from whom you have acquired your products, or any container, (continued) ingredient or part entering into, accompanying or containing your products, is an insured under this provision. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds; but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any: • damages arising out of their sole negligence; or • occurrence that occurs, or offense that is committed, after the equipment lease ends. Lessors Of Premises Persons or organizations from whom you lease premises are insureds; but they are insureds only with respect to the ownership, maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any: • damages arising out of their sole negligence; • occurrence that occurs, or offense that is committed, after you cease to be a tenant in the premises; or • structural alteration, new construction or demolition operations performed by or on behalf of them. Subsidiary Or Newly If there is no other insurance available, the following organizations will qualify as named insureds: Acquired Or Formed 0 a subsidiary arty organization of the first named insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, such first named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization; or • a subsidiary organization of the fast named insured shown in the Declarations that such first named insured acquires or forms during the policy period, if at the time of loss such fast named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Insured Organizations provision above, no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the: 1. ownership, maintenance or use of any assets; or 2. conduct of any person or organization whose assets, business or organization; Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 8 of 32 C H U B Bm General Liability Who Is An Insured Limitations On Who Is An you acquire, either directly or indirectly, for any: Insured bodily injury or property damage that occurred; or (continued) advertising injury or personal injury arising out of an offense first committed; in whole or in part, before you, directly or indirectly, aquired such assets, business or organization. Limits Of Insurance The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay, regardless of the number of: • insureds; • claims made or suits brought; or • persons or organizations making claims or bringing suits. The Limits Of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. General Aggregate Limit Subject to the Each Occurrence Limit, the General Aggregate Limit is the most we will pay for the sum of • damages for bodily injury and property damage, except damages included in the products -completed operations hazard; and • medical expenses. Products -Completed Subject to the Each Occurrence Limit, the Products -Completed Operations Aggregate Limit is the Operations Aggregate most we will pay for the sum of damages for bodily injury and property damage included in the Limit products -completed operations hazard. Advertising Injury And The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of Personal Injury Aggregate damages for advertising injury and personal injury. Limit Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of: • damages for bodily injury and property damage; and • medical expenses; arising out of any one occurrence. Any amount paid for damages or medical expenses will reduce the amount of the applicable aggregate limit available for any other payment. Liability Pnsuran Form 80-02-2000 (Rev. 4-01) Contract Page 9 of 32 Limits Of Insurance Each Occurrence Limit If the applicable aggregate limit has been reduced to an amount that is less than the Each (continued) Occurrence Limit, the remaining amount of such aggregate limit is the most that will be available for any other payment. Damage To Premises Subject to the Each Occurrence Limit, the Damage To Premises Rented To You Limit is the most Rented To You Limit we will pay for the sum of damages for property damage to any one premises while rented to you or temporarily occupied by you with permission of the owner. Medical Expenses Limit Subject to the Each Occurrence Limit, the Medical Expenses Limit is the most we will pay for the sum of medical expenses, under Medical Expenses coverage, for bodily injury sustained by any one person. Bodily InjurylProperly None of the following exclusions, except "Contracts", 'Expected Or Intended Injury" and "Loss In Damage Exclusions Progress", apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner. Aircraft, Autos Or This insurance does not apply to bodily injury or property damage arising out of the ownership, Watercraft maintenance, use (use includes operation and loading or unloading) or entrustment to others of any: • aircraft; • auto; or • watercraft; owned or operated by or loaned or rented to any insured. This exclusion does not apply to: A. a watercraft while ashore on premises owned by or rented to you; B. a watercraft you do not own, provided that it: 1. is less than fifty-five (55) feet long; and 2. does not transport persons or cargo for a charge; C. the parking of an auto on premises owned by or rented to you, provided the auto is not owned by or loaned or rented to you or the insured; D. the liability for damages assumed in an insured contract resulting from the ownership, maintenance or use, by others, of an aircraft or watercraft; E. the operation of the equipment described in subparagraphs F.2. or F.3. of the definition of mobile equipment; or F. an aircraft you do not own, provided that: 1. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 10 of 32 C H U B Bm General Liability r • 0 0 it -:# Aircraft, Autos Or 2. it is rented with a trained, paid crew; and Watercraft 3. it does not transport persons or cargo for a charge (continued) Alcoholic Beverage Type This insurance does not apply to bodily injury or property damage for which any insured may be Businesses held liable by reason of: • causing or contributing to the intoxication of any person; • furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or • any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Contracts This insurance does not apply to bodily injury or property damage for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages: • that such insured would have in the absence of such contract or .agreement; or assumed in an oral or written contract or agreement that is an insured contract, provided the bodily injury or property damage, to which this insurance applies, occurs after the execution of such contract or agreement. Damage To Alienated This insurance does not apply to property damage to any premises you sell, give away or abandon, Premises if the property damage arises out of any part of those premises. This exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you. Damage To Impaired This insurance does not apply to property damage to: Properly Or Property Not impaired property; or Physically Injured • • property that has not been physically injured; arising out of any; defect, deficiency, inadequacy or dangerous condition in your product or your work; or Liability Insurance Form 80-02-2000 (Rev. 401) Contract Page 11 of 32 Bodily InjuredlProperty Damage Exclusions Damage To Impaired delay or failure by you or anyone acting on your behalf to perform a contract or agreement in Property Or Property Not accordance with its terms and conditions. Physically Injured This exclusion does not apply to the loss of use of other tangible property resulting from sudden and (continued) accidental physical injury to your product or your work after it has been put to its intended use. Damage To Owned This insurance does not apply to property damage to any property owned by you. Property Damage To Various This insurance does not apply to property damage to any: Property Of Others (Care, Control Or Custody) Personal property loaned or rented to you; • property held by you or on your behalf for sale or entrusted to you for safekeeping or storage; • property on your premises for purposes of performing operations on such property by you or on your behalf; • tools or equipment used by you or on your behalf in performing operations; or • property in your care, control or custody that will be erected, installed or used in construction operations by you or on your behalf. This exclusion does not apply to the liability for damages assumed in a sidetrack agreement. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work This insurance does not apply to 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 causing the damage was performed on your behalf by a subcontractor. Employer's Liability A. This insurance does not apply to bodily injury to an employee of the insured arising out of and in the course of: 1. employment by the insured; or 2. performing duties related to the conduct of the insured's business. B. This insurance does not apply to bodily injury to the brother, child, parent, sister or spouse of such employee as a consequence of any injury described in paragraph A. above. This exclusion applies: • whether the insured may be liable as an employer or in any other capacity; and • to any obligation to share damages with or repay someone else who must pay damages because of any injury described in paragraphs A. or B. above. Liability Insurance Fonn 80-02-2000 (Rev. 4-01) Contract Page 12 of 32 C H L j a m General Liability Employer's Liability This exclusion does not apply to the liability for damages assumed by the insured in an insured (continued) contract. Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act that: Injury a is intended by the insured; or a would be expected from the standpoint of a reasonable person in the circumstances of the insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change, continuation or resumption of any bodily injury or property damage known by you, prior to the beginning of the policy period, to have occurred. Bodily injury or property damage will be deemed to be known by you: A. if such injury or damage is known by, or should have been known from the standpoint of a reasonable person in the circumstances of- 1 . you; 2. any of your directors, managers, members, officers (or their designees) or partners (whether or not an employee); and B. when any person described in paragraph A. above: 1. reports all, or any part, of any such injury or damage to us or any other insurer; 2. receives a claim or a demand for damages because of any such injury or damage; or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Mobile Equipment This insurance does not apply to bodily injury or property damage arising out of the Transportation transportation of mobile equipment by an auto owned or operated by or loaned or rented to any insured. Liability Insurance Fonn 80-02-2000 (Rev. 4-01) Contract Page 13 of 32 Advertising Injuryl"ersonal Injury Exclusions Breach Of Contract This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of: A. this insurance; or B. a subsequent, continuous renewal or replacement of this insurance, that: 1. is issued to you by us or by an affiliate of ours; 2. remains in force while the offense continues; and 3. would otherwise apply to advertising injury and personal injury. Contracts This insurance does not apply to advertising injury or personal injury for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages: • that such insured would have in the absence of such contract or agreement; or • assumed in a written contract or agreement that is an insured contract, provided the advertising injury or personal injury, to which this insurance applies, is caused by an offense fast committed after the execution of such contract or agreement. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended This insurance does not apply to advertising injury or personal injury arising out of an offense, Injury committed by or on behalf of the insured, that: • is intended by such insured; or • would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. Failure To Conform To This insurance does not apply to advertising injury or personal injury arising out of the failure of Representations Or goods, products or services to conform with any electronic, oral, written or other representation or Warranties warranty of durability, fitness, performance, quality or use. Internet Activities Ibis insurance does not apply to advertising injury or personal injury arising out of: • controlling, creating, designing or developing of another's Internet site; Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 14 of 32 CHUBS" General Liability Advertising Injuryi "'ersonsi Injury Exclusions Internet Activities (continued) Media Type Businesses Prior Offenses Publications lMth Knowledge Of Falsity Wrong Description Of Prices Medical Expenses Exclusions Athletic Activities Injury To Insureds controlling, creating, designing, developing, deterring or providing the content or material of another's Internet site; controuing, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or another's Internet site; or publication of content or material on or from the Internet, other than material developed by you or at your direction. This insurance does not apply to advertising; injury or personal injury arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, cablecasting, publishing, telecasting or telemarketing. This exclusion does not apply to personal injury caused by an offense described in subparagraphs A., B. or C. of the definition of personal injury. This insurance does not apply to advertising injury or personal injury arising out of any offense fast committed before the beginning of the policy period. This insurance does not apply to advertising injury or personal injury arising out of any electronic, oral, written or other publication of content or material by or with the consent of the insured: with knowledge of its falsity; or if a reasonable person in the circumstances of such insured would have known such content or material to be false. This insurance does not apply to advertising injury or personal injury arising out of any wrong description of the price of goods, products or services. This insurance does not apply to medical expenses arising out of bodily injury to any person injured while taking part in athletics. This insurance does not apply to medical expenses arising out of a bodily injury to any insured, except a volunteer worker. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 15 of 32 Medical Expenses Exclusions (continued) Nuclear Energy This insurance does not apply to medical expenses arising out of bodily injury in any way related to the: • nuclear hazardous properties of nuclear material; and • operation of a nuclear facility by any person or organization. Products -Completed This insurance does not apply to medical expenses arising out of bodily injury included in the Operations Hazard products -completed operations hazard. Workers' Compensation This insurance does not apply to medical expenses arising out of bodily injury to any person, Or Similar Laws whether or not an employee of any insured, if benefits for such bodily injury are payable or must be provided under any workers' compensation, disability benefits or unemployment compensation law or any similar law. Policy Exclusions Asbestos A. This insurance does not apply to bodily injury, property damage, advertising injury or personal injury arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of asbestos. B. This insurance does not apply to any loss, cost or expense arising out of any: 1. request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of asbestos; or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of asbestos. Employment -Related A. This insurance does not apply to any damages sustained at any time by any person, whether Practices or not sustained in the course of employment by any insured, arising out of any employment -related act, omission, policy, practice or representation directed at such person, occurring in whole or in part at any time, including any: 1. arrest, detention or imprisonment; 2. breach of any express or implied covenant; 3. coercion, criticism, humiliation, prosecution or retaliation; 4. defamation or disparagement; 5. demotion, discipline, evaluation or reassignment; 6. discrimination, harassment or segregation; Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 16 of 32 C H U B Bm General Liability Policy Exclusions Employment -Related 7. a. eviction; or Practices b. invasion or other violation of any right of occupancy; (continued) 8. failure or refusal to advance, compensate, employ or promote; 9. invasion or other violation of any right of privacy or publicity; 10. termination of employment; or 11. other employment -related act, omission, policy, practice, representation or relationship in connection with any insured at any time. B. This insurance does not apply to any damages sustained at any time by the brother, child, parent, sister or spouse of such person at whom any employment -related act, omission, policy, practice or representation is directed, as described in paragraph A. above, as a consequence thereof. This exclusion applies: • whether the insured may be liable as an employer or in any other capacity; and • to any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. Enhancement, This insurance does not apply to any loss, cost or expense incurred by you or others for any: Maintenance Or Prevention A. enhancement or maintenance of any property; or Expenses B. prevention of any injury or damage to any: 1. person or organization; or 2. property you own, rent or occupy. Intellectual Property Laws This insurance does not apply to any actual or alleged bodily injury, property damage, Or Rights advertising injury or personal injury arising out of, giving rise to or in any way related to any actual or alleged: assertion; or infringement or violation; by any person or organization (including any insured) of any intellectual property law or right, regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion, infringement or violation. This exclusion applies, unless such injury: is caused by an offense described in the definition of advertising injury; and does not arise out of, give rise to or in any way relate to any actual or alleged assertion, infringement or violation of any intellectual property law or right, other than one described in the definition of advertising injury. Liability Insurance Form 80-02-2000 (Rev. 4-01) Con"d Page 17 of 32 Policy Exclusions (continued) Nuclear Energy Pollution A. This insurance does not apply to bodily injury, nuclear property damage, advertising injury or personal injury: with respect to which any insured under this policy also has status as 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 have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance; or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which: a. any person or organization is required to maintain financial protection pursuant to the United States of America 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. This insurance does not apply to bodily injury, nuclear property damage, advertising injury or personal injury arising out of the nuclear hazardous properties of nuclear material: 1. if the nuclear material: a. is at any nuclear facility owned by, or operated by or on behalf of, any insured; b. has been discharged or dispersed therefrom; or C. is contained in nuclear spent fuel or nuclear waste at any time transported, handled, stored, disposed of, processed, treated, possessed or used by or on behalf of any insured; or 2. in any way related to the furnishing by any 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 (including its possessions or territories) or Canada, this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. A. This insurance does not apply to bodily injury, property damage, advertising injury or personal injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, rnigration, release or escape of pollutants: 1, at or from any premises, site or location which is or was at any time owned or occupied by, or loaned or rented to, any insured; 2. 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; Liability Insurance Form 80-012-2000 (Rev. 4-01) Contract Page 18 of 32 CH U B B• General Liability Policy Exclusions Pollution 3. which are or were at any time transported, handled, stored, disposed of, processed or (continued) treated as waste by or for any: a. insured; or b. person or organization for whom any insured may be legally responsible; or 4. at or from any premises, site or location on which any insured or any contractor or subcontractor working directly or indirectly on any insured's behalf is performing operations, if the: a. pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or b. operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraph A.4.a. above does not apply to bodily injury or property damage caused by the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such operating fluids escape directly from that particular part of such mobile equipment designed by its manufacturer to hold, store or receive them But, this exception does not apply if such bodily injury or property damage arises out of any discharge, dispersal, seepage, migration, release or escape of pollutants, that, • was intended by the insured; • would have been expected from the standpoint of a reasonable person in the circumstances of the insured; • was a necessary part of operations performed by any insured, contractor or subcontractor; or • occurred during the process of fueling the mobile equipment or changing or replenishing any operating fluid. Subparagraph AAa. above does not apply to bodily injury or property damage if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building, in connection with the operations being performed by you or on your behalf by the contractor or subcontractor. Subparagraph A.1. above does not apply to bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building. Subparagraphs A.1. and A.4.a. above do not apply to bodily injury or property damage caused by heat, smoke or fumes from a hostile fire. B. This insurance does not apply to any loss, cost or expense arising out of any: request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 19 of 32 Policy Exclusions Pollution 2. claim or proceeding by or on behalf of a governmental authority or others for damages (continued) because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Paragraph B. above does not apply to the liability for damages, for property damage, that the insured would have in the absence of such request, demand, order or regulatory or statutory requirement, or such claim or proceeding by or on behalf of a governmental authority. This exclusion does not apply to the liability for damages, for property damage, to premises while rented to you or temporarily occupied by you with permission of the owner and caused by a hostile fire, explosion, smoke or leakage from fire protective equipment. This exclusion applies regardless of whether or not the pollution was accidental, expected, gradual, intended, preventable or sudden. Recall Of Products, Work This insurance does not apply to any damages claimed for any loss, cost or expense incurred by you Or Impaired Property or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: Workers' Compensation Or Similar Laws Conditions Arbitration Bankruptcy your product; your work; or 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. This insurance does not apply to any obligation of the insured under any workers' compensation, disability benefits or unemployment compensation law or any similar law. We are entitled to exercise all of the insured's rights in the choice of arbitrators and in the conduct of any arbitration proceeding, except when the proceeding is between us and the insured. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this insurance. Liabillty Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 20 of 32 CIFAUBB0 General Liability Conditions (continued) Disclosures And We have issued this insurance: Representations a based upon representations you made to us; and • in reliance upon your representations. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition, unless an officer (whether or not an employee) of any insured or an officer's designee knows about such hazard or other material information. Duties In The Event Of A. You must see to it that we and any other insurers are notified as soon as practicable of any Occurrence, Offense, occurrence or offense that may result in a claim, if the claim may involve us or such other Claim Or Suit insurers. To the extent possible, notice should include: 1. how, when and where the occurrence or offense happened; 2. the names and addresses of any injured persons and witnesses; and 3. the nature and location of any injury or damage arising out of the occurrence or offense. B. If a claim is made or suit is brought against any insured, you must: 1. immediately record the specifics of the claim or suit and the date received; 2. notify us and other insurers as soon as practicable; and 3. see to it that we receive written notice of the claim or suit as soon as practicable. C. You and any other involved insured must: 1. immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; 2. authorize us to obtain records and other information; 3. cooperate with us and other insurers in the: a. investigation or settlement of the claim; or b. defense against the suit; and 4. assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of loss to which this insurance may also apply. D. No insureds will, except at that insured's own cost, make any payment, assume any obligation or incur any expense, other than for first aid, without our consent. E. Notice given by or on behalf of: 1. theinsured; 2. the injured person; or 3. any other claimant; to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 21 of 32 Conditions Duties In The Event Of F, Knowledge of an occurrence or offense by an agent or employee of the insured will not Occurrence, Offense, constitute knowledge by the insured, unless an officer (whether or not an employee) of any Claim Or Suit insured or an officer's designee knows about such occurrence or offense. (continued) G. Failure of an agent or employee of the insured, other than an officer (whether or not an employee) of any insured or an officer's designee, to notify us of an occurrence or offense that such person knows about will not affect the insurance afforded to you. H. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. Legal Action Against Us No person or organization has a right under this insurance to: join us as a party or otherwise bring us into a suit seeking damages from an insured; or sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual: trial in a civil proceeding; or arbitration or other alternative dispute resolution proceeding; but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Other Insurance If other valid and collectible insurance is available to the insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary except when the Excess Insurance provision described below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Tben, we will share with all that other insurance by the method described in the Method of Sharing provision described below. Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar insurance for your work; B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); Liability Insurance Form 80.02-2000 (Rev. 4-01) Contract Page 22 of 32 C H U B Bm General Liability Conditions Other Insurance D. that is insurance: (continued) 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insured against such suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: • amount that all other insurance would pay for loss in the absence of this insurance; and • of all deductible and self -insured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits 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 limits of insurance to the total applicable limits of insurance of all insurers. Premium Audit We will compute all premiums for this insurance in accordance with our rules and rates. In accordance with the Estimated Premiums section of the Premium Summary, premiums shown with an asterisk (*) are estimated premiums and are subject to audit. In addition to or in lieu of such designation in the Premium Summary, premiums may be designated as estimated premiums elsewhere in this policy. In that case, these premiums will also be subject to audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. Separation Of Insureds Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this insurance to the fast named insured, this insurance applies: • as if each named insured were the only named insured; and • separately to each insured against whom claim is made or suit is brought. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 23 of 32 Conditions (continued) Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or Rights Of Recovery organization, for loss to which this insurance applies, provided the insured has waived their rights Against Others of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. Liability Insurance Form 80.02-2000 (Rev. 4-01) Contract Page 24 of 32 CH U B Bm General Liability Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Advertisement Advertisement means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. Advertisement does not include any e-mail address, Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising injury means injury, other than bodily injury, property damage or personal injury, sustained by a person or organization and caused by an offense of infringing, in that particular part of your advertisement about your goods, products or services, upon their: • copyrighted advertisement; or • registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. Agreed Settlement Agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Asbestos Asbestos means asbestos in any form, including its presence or use in any alloy, by-product or other material or waste. Waste includes material to be recycled, reconditioned or reclaimed. Auto Auto means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But auto does not include mobile equipment. Bodily Injury Bodily injury means physical: • injury; • sickness; or • disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. Employee Employee includes a leased worker. Employee does not include a temporary worker. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 25 of 32 Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Impaired Property Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: • it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or • you have failed to fulfill the terms or conditions of a contract or agreement; if such property can be restored to use by: • the repair, replacement, adjustment or removal of your product or your work; or • your fulfilling the terms or conditions of the contract or agreement. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured section of this contract. Insured Contract Insured contact: A. means: 1. a lease of premises; 2. a sidetrack agreement; 3. an easement or license agreement; 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. an elevator maintenance agreement; or 6. any other contract or .agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for such municipality) in which you assume the tort liability of another person or organization to pay damages, to which this insurance applies, sustained by a third person or organization. B. does not include that part of any contract or agreement that indemnifies an architect, engineer or surveyor for damages arising out of: 1. preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or 2. giving directions or instructions, or failing to give them. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 26 of 32 C H U B • General Liability Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Intellectual Property Law Intellectual property law or right means any: Or Right 0 certification mark, copyright, patent or trademark (including collective or service marks); • right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non -personal information; • other right to, or judicial or statutory law recognizing an interest in, any expression, idea, likeness, name, slogan, style of doing business, symbol, title, trade dress or other intellectual property; or • other judicial or statutory law concerning piracy, unfair competition or other similar practices. Leased Worker Leased worker means a person leased to a party by a labor leasing firm, in a contract or agreement between such party and the labor leasing firm, to perform duties related to the conduct of the party's business. Leased worker does not include a temporary worker. Loading Or Unloading Loading or unloading: A. means the handling of property: 1. after it is moved from the place where it is accepted for movement into or onto an aircraft, auto or watercraft; 2. while it is in or on an aircraft, auto or watercraft; or 3. while it is being moved from an aircraft, auto or watercraft to the place where it is finally delivered. B. does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, auto or watercraft. Medical Expenses Medical expenss means reasonable expenses for necessary: • first aid administered at the time of an accident; medical, surgical, x-ray and dental services, including prosthetic devices; and ambulance, hospital, professional nursing and funeral services. Mobile Equipment Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on premises owned by or rented to you; C. vehicles that travel on crawler treads; Liability Insurance Form 80.02-2000 (Rev. 4-01) Contract Page 27 of 32 Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Mobile Equipment D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to (continued) permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E. vehicles not described in subparagraphs A., B., C. or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; and F. vehicles not described in subparagrapbs A., B., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. Mobile equipment does not include self-propelled vehicles with the following types of permanently attached equipment, and such vehicles will be considered autos: 1, equipment designed primarily for: a. snow removal; b. road maintenance, but not construction or resurfacing; or C. street cleaning; 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. Nuclear Facility Nuclear facility means any: A. nuclear reactor; B. equipment or device designed or used for: separating the isotopes of plutonium or uranium; 2. processing or utilizing nuclear spent fuel; or 3. handling, processing or packaging nuclear waste; C. equipment or device used for the processing, fabricating or alloying of nuclear material, if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than: 1. twenty-five (25) grams of plutonium or uranium 233, or any combination thereof; or 2. two -hundred -fifty (250) grams of uranium 235; or Uab# y Insurance Form 8042-2000 (Rev. 4-01) Contract Page 28 of 32 C H U B Bm General Liability Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Nuclear Facility D. structure, basin, excavation, premises or place prepared or used for the storage or disposal of (continued) nuclear waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear Hazardous Nuclear hazardous properties includes radioactive, toxic or explosive properties. Properties Nuclear Material Nuclear material means by-product material, source material or special nuclear material. By-product material, source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Nuclear property damage includes all forms of radioactive contamination of property„ Damage Nuclear Reactor Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Spent Fuel Nuclear spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Nuclear Waste Nuclear waste means any waste material: containing nuclear material, other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility. Occurrence Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization's charter, constitution, by-laws or any other similar governing document. Liability Insurance Form 80-02 2000 (Rev. 401) contract Page 29 of 32 Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Personal Injury Personal injury means injury, other than bodily injury, property damage or advertising injury, caused by an offense of: A. false arrest, false detention or other false imprisonment; B. malicious prosecution; C. wrongful entry into, wrongful eviction of a person from or other violation of a person's right of private occupancy of a dwelling, premises or room that such person occupies, if committed by or on behalf of its landlord, lessor or owner; D. electronic, oral, written or other publication of material that: 1. libels or slanders a person or organization (which does not include disparagement of goods, products, property or services); or 2. violates a person's right of privacy; or E. discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex. Pollutants 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. Products -Completed Products -completed operations hazard: Operations Hazard A. includes all bodilym' and property damage taking lace awe from remises owned or � ]�Y P Pe1'tY g g P Y P occupied by or loaned or rented to you 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. Your work will be deemed completed when: • all of the work called for in your contract or agreement has been completed. • all of the work to be performed at the site has been completed, if your contract or agreement calls for work at more than one site. • that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. B. does not include bodily injury or property damage arising out of- 1. the transportation of property, unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured; Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 30 of 32 C H U B Bm General Liability Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Products -Completed 2. the existence of tools, uninstalled equipment or abandoned or unused materials; or Operations Hazard 3. products or operations for which the classification in our rules indicates that such products or (continued) operations are not subject to the Products -Completed Operations Aggregate Limit of insurance. Property Damage Property damage means: physical injury to tangible property, including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software, data or other information that is in electronic form suit Suit means a civil proceeding in which damages, to which this insurance applies, are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Your Product Your product: A. means any: 1. goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. you; b. others trading under your name; or C. a person or organization whose assets or business you have acquired; and 2. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. B. includes: 1. representations or warranties made at any time with respect to the durability, fitness, performance, quality or use of your product; and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 31 of 32 Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS (continued) AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW: Your Work Your work: A. means any: 1. work or operations performed by: a. you or on your behalf, or b. a person or organization whose assets or business you have acquired; and 2. materials, parts or equipment furnished in connection with such work or operations. B. includes: 1. representations or warranties made at any time with respect to the durability, fitness, performance, quality or use of your work; and 2. the providing of or failure to provide instructions or warnings. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 32 of 32 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11-18-20 Policy No. (21) 7176-51-22 Endorsement No. 002 Insured VIRTRA, INC. Premium $ Incl . Insurance Company Federal Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. A 5/14/2021 YY) CERTIFICATE OF LIABILITY INSURANCE °ATE`M 2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). FPRODUC,ER CONTACT NAME. Tonga Selfnd0e Tsawtch A Marsh and McLennan Agency, LLC PHONE I�FAX Washington Street, Suite 233 t ttp,. 2 t ?2 ...7 (?4 E MAIL Z 85281 ADDRESS; tSeltrlr/g @tpvllt-toLlClle com INSURED VirTra, Inc. 7970 S. Kyrene Rd. Tempe AZ 85284 COVERAGES CERTIFICATE N'I.IMRFR- 9n1an9naAn INSURER B INSURER C : INSURER E RDING COVERAGE Gemini Insurance Comoanv RFVIRIr1N NIIIMRFR- 10833 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..M/iYDYYYjz�YY I....MMIDD EX ,___........_.�. .............. ILTR ..... ..........AOO TYPE OF INSURANCE POLICY NUMBERm LIMIT S COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CSAMAUE tCi�iN9�t5 CLAIMS -MADE .. OCCUR PREMISES( $ ........ ,g_sccurrenre .� MED EXP An one erson) Y........ $ .... .... .... PERSONAL & ADV INJURY _. $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREG ATE $ PRO-CT _ POLICY COT, LOC PRODUCTS COMP/OP AGG ......... ... $ OTHER I$ AUTOMOBILE LIABILITY 4 D SINGL.P. LtlMliT ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ _ _ HIRED NON -OWNED PROPER'6Yt?AMAGE AUTOS ONLY AUTOS ONLY $ I, $ UMBRELLALIAB OCCUR EACH OCCURRENCE _ _, _ $ EXCESS LIAB CLAIMS -MADE,. AGGREGATE .,,. . ... ....... $ DED RETENTION $ $ WORKERS COMPENSATION I °R" AN MPL YER ' L AB L TYYIN SPER TATUTE - TORIPA TNERIE? ANYPROPRI ETOR/PARTNER/EXECUTI V E E L EAC H ACCIDENT $ OFFICER/ME BER CERIm N / A NH (Mandatory ) E L. DISEASE EA E I EMPLOYEE $ If yes, describe under ........ ........ ....... ___----' DESCRIPTION OF OPERATIONS below L E.L. DISEASE- POLICY LIMIT $ A Professional Liability VCPL066791 5/12/2021 5/12/2022 Aggregate 1,000,000 Each Claim 1,000,000 Retention 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of El Segundo 350 Main Street El Segundo CA 90245 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /'�Wr01Bt-� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11-18-20 Policy No. (21) 7176-51-22 Endorsement No. 002 Insured VIRTRA, INC. Premium $ Incl . Insurance Company Federal Insurance Company Countersigned By WC000313 (Ed. 4-84) 0 1983 National Council on Compensation Insurance.