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PROOF OF INSURANCE (2022) CLOSED (2)Client#: 1778682 GALLSLLC11 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 9/07/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services LLC PHONE 513 852-6300 FAX 513 852-6428 A/C, No, Ext : (A/C, No): 312 Elm Street, 24th Floor E-MAIL Cincinnati, OH 45202 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# 513 852-6300 INsuRERA: QBE Insurance Corporation 39217 INSURED INSURER B : General Casualty Company of Wisconsin 24414 CB General Holdings, LLC; Galls LLC Praetorian Insurance Company INSURER C : p y 37257 1340 Russell Cave Road The Cincinnati Insurance Company INSURER D : p y 10677 Lexington, KY 40505 Regent Insurance Company INSURER E : 9 P y 24449 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. LTR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X CGA1365959 03/01/2021 03/01/2022 EACH OCCURRENCE $1 ,000,000 CLAIMS -MADE [* OCCUR PREMISESOEa occurrDence $1 ,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO - POLICY JECT X LOC PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: E AUTOMOBILE LIABILITY X X CBA1365959 03/01/2021 03/01/202 EeaBc,denSINGLELIMIT $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY B X UMBRELLA LAB X OCCUR CCU1365959 03/01/2021 03/01/2022 EACH OCCURRENCE $10000 000 AGGREGATE $1 O 000 000 EXCESS LAB CLAIMS -MADE DED I X RETENTION $1 O 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N] N / A CWC1365959 03/01/2021 03/01/2022 X STATUTE EERH E.L. EACH ACCIDENT $1 ,000,000 E.L. DISEASE - EA EMPLOYEE $1 ,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 ,000,000 D Excess Liability EXS0570374 03/01/2021 03/01/2022 $15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability include an automatic Additional Insured endorsement that provides Additional Insured status to City of El Segundo City Clerk, its officials, and employees, only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. The General Liability and Automobile Liability contains a special endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of El Segundo - City Clerk 314 Main Street El Segundo, CA 90245-3813 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 ACORD 25 (2016/03) 1 of 2 #S33222473/M31323006 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JZCZP DESCRIPTIONS (Continued from Page 1) Automobile Liability, Umbrella Liability and Workers Compensation policies provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. SAGITTA 25.3 (2016/03) 2 of 2 #S33222473/M31323006 COMMERCIAL GENERAL LIABILITY CG 20 15 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART 9100.A-Ilm Name, Of Additional Insured Personi(s) Or Organizatioln(s,) (Vendor) Your Products WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, wwilll be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured any personi(s) or orgianization(s) (referred to throughout this endorsement as vendor) shown in the Schedule, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business. Hlowever: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or, agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "'Bodily injury" or "'property damage" for which the vendor is obligiatedl to pay damages by reason of the, assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the, contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product imade intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; CG 20,115 04113 0 Insurance Services Office, Inc., 2012 Page 11 of 2 e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the, products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or C used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "'Bodily injury" or "property damage"' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) 'The exceptions contained in Sub- paragraphs, d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or, normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, enteringi into, accompanyingi or containing such products. With respect to the insurance afforded to these vendors, the folllowing is added to Section III — Limits, Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the, applicable Limiits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 C Insurance Services Office, Inc., 2012 CG 20 15 04 13 COMMERCIAL GENERAL LIABILITY WN 0,01-1111mr: Hal: 11016-MWAL11 0 IN 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You huvemgiineed in writing in aomntract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not aaak contribution Primary And No�noo�ntr|butoryInsurance from any other insurance available to the additional insured. This inouwxmoa in primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is o Named Insured under such other insurance; and CG 20010413 @ Insurance Services Office, |nu,2U12 Page 1of1 COMMERCIAL GENERAL LIABILITY CG 81 79 01 11 IPREFERRED GENERAL LIABILITY COVERAGE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMON POLICY CONDITIONS A. NOTICE OF CANCELLATION OR NON -RENEWAL Paragraph A. 2. b within the COMMON POLICY CONDITIONS is replaced by: b. 90 days before the effective date of cancella- tion if we cancel for any other reason. B. REASONABLE FORCE Paragraph 2�. a. under COVERAGE, A BODILY INJURY AND PROPERTY IGDAMAGIE LIABILITY of SECTION I — COVERAGES, within the COM- MERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: a. Expected or, Intended Injury "'Bodily injury"' or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "'bodi- lIy injury" or "property damage" resulting from the use of reasonable force to protect any person or property. C. CONTRACTUAL LIABILITY Paragraph 2. b. Contractual Liability under COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GEN- ERAL LIABILITY COVERAGE FORM is replaced by: b. Contractual Liability "'Bodily injury"' or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to Jability for damages: (1) That the insured would have had in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement. D. NON OWNED WATERCRAFT Paragraph 2. g. (2) in the Aircraft, Auto Or Watercraft exclusion under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COV- ERAGE FORM is replaced by: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) less than 50 feet long; and (b) Not being used to carry persons or property for a charge. E. ELECTRONIC DATA LIABILITY 11. Paragraph 2. p. Electronic Data under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: p. Electronic Data Damages arising out of the Moss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "elec- tronic data" that does not result from physical injury to tangible property. Includes copyrighted material of Insurance Services Office, Inc., CG 81 79 01 11 with its permission. P,agie 1 of 6 The following definition is added to SEC- TION V — DEFINITIONS: "'Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For purposes of the coverage provided for Electronic Data, Paragraph 17. in SECTION V — DEFINITIONS is replaced by: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "'elec- tronic data", resulting from physical injury to tangible property. All such loss of "electronic data shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electron- ic data"' is not tangible property. F. DAMAGE TO PREMISES RENTED TO YOU 1 The last paragraph after the listed exclusions under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SEC- TION I — COVERAGES, within the COM- MERCIAL GENERAL LIABILITY COVER- AGE FORM is replaced by: Exclusions c. through n. do not apply to "property damage" by fire; smoke from a "'hostile fire"; explosion; lightning; smoke re- sulting from such explosion or lightning; colli- sion by "mobile equipment" or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as de- scribed in SECTION III — LIMITS OF IN- SURANCE. 2. Paragraph 6. of SECTION III — LIMITS OF INSURANCE within the COMMERCIAL GENERAL, LIABILITY COVERAGE FORMI is replaced by: 6. Subject to 5a above, the Damage To Premises Rented To You Limit is the most we will pay in any one event under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE for damages be- cause of "property damage" from fire; smoke from a "'hostile fire"; exp[osion; lightning; smoke resulting from such ex- plosion or lightning; collision by "mobile equipment" or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with per- mission of the owner. G. MEDICAL PAYMENTS 1. Paragraph I.a. under COVERAGE C. MEDICAL PAYMENTS of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: 1. Insuring Agreement a. We will pay medical expenses as de- scribed below for "bodily injury"' caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations: Provided that: (a) The accident takes place in the "'coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonable require. �H. SUPPLEMENTARY IPAYMIENTS SUPPLEMENTARY PAYMENTS — COVERAG- ES A AND B of SECTION I COVERAGES within the COMMERCIAL GENERAL LIABILITY COV- ERAGE FORM is replaced by: Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 6 with its permission. CG 81 79 01 11 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $5,000 for cost of bail bonds re- quired because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. c. The cost of bonds to release attach- mients, but only for bond amounts within the applicable limit of insurance. We do have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e.All costs taxed against the "insured" in any "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, of- fered to pay, or deposited in court the part of the judgment that is within the applica- ble limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an iindeminitee of the insured is also named as a party to the "suit", we will defend that indem- nitee if alll of the following conditions are met: a., The "suit" against the indemnitee seeks damages for which the insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; cl. The allegations in the "suit"" and the in- formation we know about the "occur- rence"' are such that no conflict appears to exist between the interests of the in- sured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the, defense of that in- clemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investi- gation, settlement or defense of the "suit""; (b), Immediately send us copies of any demands, notices, sum- monises or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the in- demnitee; and (d), Cooperate with us with respect to coordinating other applicable insurance available to the in- demnitee; and (2) Provides us with written authoriza- tion to: (a) Obtain records and other infor- mation related to the "suit"'; and (b) Conduct and control the defense of the indemnitee in such "suit". Our obligation to defend an insured's in- clemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of in- surance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement de- scribed in Paragraph f. above, are no longer met. Includes copyrighted material of Insurance Services Office, Inc., CG 81 79 01 11 with its permission. P,agie 3 of 6 I. FELLOW EMPLOYEE COVERAGE — SUPERVI- SOR OR HIGHER Paragraph 2.a.(1) of SECTION 11 — WHO IS AN INSURED within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM does not apply to the following: Your supervisory or management "employees" for "'bodily injury" only. Damages owed to an injured co -"employee" or "'voluniteer worker" will be reduced by any amount paid or available to the injured co -"employee" or "volunteer worker"' under any other valid and collectible insurance. The following is added to SECTION 11 — WHO IS AN INSURED within the COMMERCIAL GEN- ERAL, LIABILITY COVERAGE FORM: Throughout this policy the words "'you" and "your" refer to any corporation or other business orgaNza- tion, other than a joint venture, in which the first Named Insured has or acquires during the policy period an ownership interest of more than 50% and is subject to the management control of the first Named Insured or its subsidiaries, and which is domiciled within the United States of America or its territories or possessions. K. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3.,a. of SECTION 11 — WHO IS AN INSURED within the COMMERCIAL GENERAL, LIABILITY COVERAGE FORM is replaced by: a. Coverage under this provision is afforded only until the 120th day after you acquire or form the organization or the end of the policy peri- od, whichever is earlier; L. AMENDMENT OF AGGREGATE LIMIT OF INSURANCE The General Aggregate Limit Of Insurance refer- enced in Paragraph 2'. of SECTION III — LIMITS OF INSURANCE, within the COMMERCIAL, GENERAL LIABILITY COVERAGE FORM applies separately to: 1. Each of your "locations" owned by or rented to you; and 2. Each of your projects away from premises owned by or rented to you. "'Location"' means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. M. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS within the COMMER- CIAL GENERAL LIABILITY COVERAGE FORM: Knowledge of an "occurrence", offense, claim or "suit" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "occur- rence,"', offense, claim or "suit"' from your agent, servant, or "employee."" N. OTHER INSURANCE Paragraph 4. b. (1)(a) in the Other Insurance condition of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS within the COMMERCIAL GENERAL LIABILITY COVER- AGE FORM is, replaced by: 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) any of the other insurance, whether primary, excess, contin- gent or on any other basis: (i) That is Fire, Extended Cov- erage, Builders Risk; Installa- tion Risk or similar coverage for "Your work"; (ii) That is insurance covering Fire; smoke from a "hostile f i re"; explosions; lightning; smoke resulting from such explosion or lightning; colli- sion by "mobile equipment" or leakage from fire protec- tion systems for premises while rented to you or tempo- rarily occupied by you with permission of the owner; or (iii) That is insurance to cover your liability as a tenant for "proper- ty damage" to premises while rented to you or temporarily occupied by you with permis- sion of the owner; or Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 6 with its permission. CG 81 79 01 11 (iv) If the loss arises out of the maintenance or use of aircraft, .,autos", or watercraft to the extent not subject to Para- graph 2'. g. Aircraft, Auto Or Watercraft under COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, 4. UNINTENTIONAL FAILURE TO DISCLOI HAZARDS The following is added to Paragraph 6. Representations of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Commercial General Liability Coverage Form or at any time during the policy period will not invali- date or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after the exposure or hazard is discovered. P. WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS within the COMMER- CIAL GENERAL LIABILITY COVERAGE FORM: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, but only to the extent that subrogation is waived prior to the "'bodily injury" or "property damage" under a contract with that person or organization. 0. LIMITED WORLDWIDE LIABILITY COVERAGE The following is added to SECTION IV — CONDITIONS within the COMMERCIAL GENI- ERAL LIABILITY COVERAGE FORM: Expanded Coverage Territory 1., If a "suit" is brought in a part of the "'coverage territory" that is outside the United States of America (including its territories and posses- sions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from defend- ing the insured, the insured will initiate a de- fense of the "suit". We will reimburse the in- sured, under Supplementary Payments, for any reasonable and necessary expenses in- curred for the defense of a "suit" seeking damages to which this insurance applies, that we would have paid had we been able to ex- ercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the "coverage territory" that is, outside the United States of America (including its territories and posses- sions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying such sums on the insured's behalf, we will re- imburse the insured for such sums. 2.All payments or reimbursements we, make for damages because of judgments or settle- ments will be made in U.S. currency at the prevailing exchange rate at the time the in- sured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. 3. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America (including its territories and possessions), Puerto Rico or Canada. 4. The insured must fully maintain any coverage required by law, regulation or other governmen- tal authority during the policy period, except for reduction of the aggregate limits due to pay- ments of claims, judgments or settlements. Failure to maintain such coverage required by law, regulation or other governmental authork ty will not invalidate thiis insurance. However, this insurance will apply as if the required coverage by law, regulation or other govern- mental authority was in full effect. Includes copyrighted material of Insurance Services Office, Inc., CG 81 79 01 11 with its permission. Page 5 of 6 For purposes of this coverage only, the following is added to Paragraph 4.1b.(1) (a) under Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS within the COMMERCIAL GENERAL LIABILITY COVER- AGE FORM: If the insured's liability to pay damages is determined in a "suit" brought outside the United States of America (including its territories and possessions), Puerto Rico or Canada; or That is coverage required by Iaw, regulation or other governmental authority in a part of the ""coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada. For purposes of this coverage only, Paragraph 4. of SECTION V — DEFINITIONS within the COMMERCIAL GENERAL LIABILITY COVER- AGE FORM is replaced by: 4. "'Coverage territory" means anywhere in the world with the exception of any country or ju- risdiction which is subject to trade or other economic sanction or embargo by the United States of America. R. BODILY INJURY REDEFINITION Paragraph 3. of SECTION V. — DEFINITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, injury or illness or emotional distress and/or death resulting from any of these at any time. S. INSURED CONTRACT — ILEASE OF PREMISES Paragraph 9.a. of SECTION V — DEFINITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: 9. "Insured contract" means: a. a contract for lease of promises. IHowev- er, that portion of the contract for a lease of premises that indemnifies any person or organization for "'property damage" by fire; smoke from a "hostiie fire", explo- sion; lightning; smoke resulting from such explosion or lightning; collision by "mobile equipment" or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with per- mission of the owner is not an "insured contract". T. LIBERALIZATION if we revise this endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 6 with its permission. CG 81 79 01 11 Various provisions in this policy restrict coverage. Read the entire policy carefully to deteirmiine rights, duties and what is and is not covered. Throughout this pohcy the words "you" and "'your" refer to the, Namie,d unsuited shown in the Declarabons. The words "we", "'us" and "our" refer to the company provi6ngi this insurance.. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. COMMERCIAL AUTO CA 00 01 1013 SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe, the "autos" that may be covered "'autos"', The symbols entered inext to a coverage on the Declarations designate the only "'autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto"' 2 Owned "'Autos" Only those "'autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "'trailers" you don't own while attached to Than Private power units you own). Thus includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins, "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault bonefits in the state Subject To where they are licensed or principally garaged. This includes those, "'autos" you No-fault acquire ownership of after the policy begiins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged, 6 Owned "'Autos" Only those "'autos" you own that because of the, law in the state where, they are, Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. TNs includes those "autos" you acqWire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requuremont. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Deschbed premium charge is shown (and for Covered Autos Liabflity Coverage any "trailers"' "Autos" you don't own while attached to any power unit described in Item Three . 8 Mired "Autos" Only those "autos" you (lease, hire, ireint or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees"', partners (if you are a partnership), members (it you are a limited liability company) or members of their households, 91 Non -owned Only those "'autos" you do not own, lease, hire" rent or borrow that are used in "Autos" Only connection with your business. Thais includes "'autos"' owned by your "employees", partners (if you are a partnership), members (if you are a limited liability comipany) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of 12 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law OnIv Only those "'autos" that are land vehicles and that would qualify under the definition of "'mobile eclulpment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2�, 3, 4, 5, 6 or 19 are entered next to a coverage in item Two of the, Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy perlod. 2'. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the followling, types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" wlth a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equiipment" while b6ng carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temiporairy substltute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION 11 — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured"' legally must pay as damages because of "boclHy injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from, the ownership, mainteinaince or use of a covered "'auto". We will also pay all sums an "insured"' legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an ."accident" and resulting from, the ownership, maintenance, or use of covered "autos", However, we will only pay for the "covered pollution cost or expense," if there is either "'bodily injury"' or "'property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "'covered pollution cost or expense". However, we have no duty to defend any "insured" against a "'suit" seeking damages for "bodily injury"" or "'property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liabflity Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. The following are "insureds": a. You for any covered "auto"'. b. Anyone else while usiingi with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you Ihire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 @ Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) Your "employee" if the covered "'auto" is owned by that "employee" or a member of his or heir household. (3) Someone using a covered "auto" while he or she is working in a business of selling, seirviiciing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (iif you are a partnership), members (it you are a limited Inability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "'auto"'. (5) A partner (if you are a partnership) or a member (iif you are a limited liability company) for a covered "auto" owned by him or her or a moirinbeir of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we, incur. (2�) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an .'accident" we cover. We do not have to furnish those bonds. (3) The cost of bonds to release attachments in any "suit"" against the "insured" we defend, but only for bond amounts withiin our Liimit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual Moss of earnings up to $250 a day because of time, off from, work. (5) All court costs taxed against the "insured" in any "'suit"' against the "insured" we, defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed agaiinst the "insured". (6) All interest on the full aimount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay Interest ends when we have paid, offered to pay or deposited iin court the part of the judgliment that is within our Limit of Insurance. These payments will not reduce the I-iiii-nit of Insurance. b. Out-of-state Coverage Extensions Mile a covered "'auto"' its away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or fiinanc4l respoinsiiNlity law of the jurisdiction where the covered ""auto"'' is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the miinimium amounts and types of other coverages, such as no- fault, requiiired of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We, will not pay anyone moire, than once for the same 61oments, of loss because of these, extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily Injury"" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "''bodily injuiry" or "property damiage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have iin the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured"' or the "insureci insurer may be held Ilable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 10 13 @ Insurance Services Office, Inc., 2011 Page 3 of 12 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insuired" arising out of and in the, course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the, "'insured's" business; or b. The spouse, child, parent, brother or sister of that "employee"' as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share daimages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" Ito domiestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "'insured"' under an "insured contract", For the purposes of the, Coverage Form, a domestic "employee" is a person engaged in household or domiestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a. Any follow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while peirformiing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee," as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property claimage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control, But this exclusion does not apply to liability assumed under a sidetrack agreement. b. After it is moved from the covered "'auto"' to the place where it is finally delivered by the "'insured ". 8. Movement Of Property By Mechanical Device "'Bodily injury"' or "property damage" resulting firom the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered ."auto"". 9. Operations "Bodily injuiry" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; oir b. Machinery or equipment that is on, attached to or part of a land vehicle that would quality under the definition of "mobile equipment"" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "'Bodily injury"' or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work oir operations. Your work includes warranties or irepiresentations made at any time with irespect to the, fitness, quality, durability oir peirformiaince of any of the items included in Paragraph a. or b. above. Your work will be deemed comipleted at the earliest of the following times: (1) When all of the work called for in your contract has been comiplleted; (2) Whein all of the work to be done at the site Ihas been completed if your contract calls for work at more than one site; or 7. Handling Of Property (3) When that part of the, work done at a job "Bodily injury" or "property damage" resulting site has been put to its intended use by from the handling of property: any person oir organization other than another contractor or subcontractor a. Before it is moved from the place where it is working on the same project. accepted by the "insured" for movement into or onto the covered "'auto"; or Page 4 of 12 @ Insurance Services Office, Inc., 2011 CA 00 01 10 13 Work that may need service, maiintenance, correction, repair or replacement, but which is otherwise complete, will be treated as comiplleted. 11. Pollution "'Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "poHutants": a. That are, or that are contauinod in any property that is: (1) Being transported or towed by, Ihandled or handled for movement into, onto or from the covered "auto"'; (2:) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "poflutaints" are contained are moved from the place where they are accepted by the, "insured'„ for movement into or onto the covered "auto"; or c. After the "'pollutants"' or any property in which the "poflutaints" are contained are moved firoim the covered "'auto" to the place where they are finally delivered, disposed of or abandoned by the 1nsured", Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto"' or its parts if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from, an "auto" part designed by its imanufactuirer to hold, store, receive or dispose of such "poHutants"; and (2:) The "'bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipmient Hsted in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"'. Paragraphs b. and c. above of this exclusion do not apply to "'accidents" that occur away from premises owned by or rented to an "insured" with respect to "poflutants" not in or upon a covered "'auto" if: (a) The, "pollutants" or any property in which the "'pollutants"' are contained are upset, overturned or damaged as a result of the miauntenance or use of a covered "'auto"; and (b) The discharge, 6speirsal, seepage, imigiration, release or escape of the ," poillutaints" is caused directly by such upset, overturn or damage,, IFAWMMI "'Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a imiliitairy force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authoidty using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these, 13. Racing Covered "autos" while used in any professional or organized raciiing or demolifion contest or stunfing activity, or whHo practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity, C. Limit Of Insurance Regardless of the number of covered "'autos", "'insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damiages and "covered pollution cost or expense" combined resulting from any one, "accident" is the Limit Of Insurance, for Covered Autos Liability Coverage shown in the Decllarafions. CA 00 01 10 13 @ Insurance Services Office, Inc., 2011 Page 5 of 12 All "bodily injury"', "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be, entitled to receive duplicate payments for the samie elements of "loss" under this Coverage, Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coveiragie endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 3. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto"', we will pay for the following under Comprehensive Coverage: a. Glass bireakagie; b. "'Loss" caused by hitting a bird or animal; and c. "'Loss"' caused by falling objects or miissiles. However, you have the option of having gdlass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 1. We will pay for "loss"' to a covered "'auto"' or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We, will pay up to $20 per day, to a From any cause except: maximum of $600, for temporary (1) The covered "auto's" collision with transportation expense incurred by you because of the total theft of a covered another object; or "'auto" of the private passenger type. We (2) The covered "'auto's"' overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Specified Causes Of Loss Coverage, We Caused by: will pay for toirn po rairy transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 48 hours after the theft and ending, regardless of the policy's expiration, (3) Windstorm, hail or earthquake; when the covered "'auto" is returned to use (4) Flood; or we pay for its "loss"', (5) Mischief or vaindahsim; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical IDamiage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "'auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "'auto's"' overturn. Declarations indicates that Comprehensive Coverage is provided 2�. Towing for any covered "auto": We, will pay up to the limit shown in the (2) Specified Causes Of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "'auto" of the Causes Of Loss Coverage is provided private passenger type is disabled. Flowever, for any covered "auto"; or the labor must be performed at the place of disablement. Page 6 of 12 @ Insurance Services Office, Inc., 2011 CA 00 01 10 13 (3) Collislon only if the Declarations Indicates that Colliisiion Coverage is proviided for any covered "auto"'. However, the most we will pay for any expenses for loss of use, is $20 per day, to a maximum of $600, B. Exclusions 1. We, will not pay for "loss"' caused by or resulting from any of the following. Such ""(loss"" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "'loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused, b. War Cr Military Action (1) War, including undeclared or civil war; (2) Warlike action by a milltairy force, including action in hindering or defeindiing against an actual or expected attack, by any government, sovereign or other authority usiing riniii personnel or other agents; or (3,) Insurrectiion, rebellion, rev6lutiioin, usurped power or action taken by governmental authority in hinderingi or defending against any of these. 2. We wlll not pay for "loss" to any covered "'auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We, will also not pay for "loss"' to any covered "auto" while that covered "auto" is being prepared for such a contest or activlty. 3. We will inot pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to fires, This exclusion does not apply to such "'loss" resufting from the total theft of a covered "auto", 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Ii Any device designed or used to detect speed- m easuiring equipment, such as iradar or laser detectors, and any jamming apparatus intended to elude or disrupt speed- measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data siginalls. d. Any accessorles used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d1. do not apply to equipment designed to be operated solely by use of the power firom the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from, a(housing unit which is permanently installed in or upoin the covered "auto"; c. An integral part of the same unit housing any electronic equipment described iin Paragraphs a. and b. above; or d. Necessary for the noirmal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. G. We will not pay for "loss"' to a covered "auto" due to "diminution in value'°. C. Limits Of Insurance 1. The most we will pay for: a. "'Loss" to any one covered "auto"' is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replaciingi the damaged or stolen property with other property of Ilke kind and quality. b. All electronic equipment that reproduces, receives or transimits audio, visual or data signals in any one "loss" is $1i,000, if, at the time, of "loss", such electronic equipment is: (1) Permaneinfly installed in or upon the covered "auto" in a housing, opening or other locafloin that is not normally used by the ""auto" manufacturer for the installation of such equipment; CA 00 01 10 13 @ Insurance Services Office, Inc., 2011 Page 7 of 12 (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as descidbed in Paragraphs b.(1) and b.(2) above,, 2'. An adjustment for depreciation and physical condifion will be miade in determining actual cash value in the event of a total "loss". 3. If a repair or rolplacoment results in better than like kind or quality, we will not pay for the amiount of the betterment. For each covered "auto", our obligation to pay for, repalr, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations, Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire, or Iightining, SECTION IV — BUSINESS AUTO CONDITIONS The following ccmtitlons app�ly in addition to tht Common Pohcy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the, amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two Ml be biin6ng. Each party wfll: a. Pay its chosen appiraiseir; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our night to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We, have no duty to provide coverage under thls policy unless there has been full compliance with the following, duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative promipt notice of the "accident"' or "'loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "'insured's"' name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Addftlonally, you and any other involved "'insured"' must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the 1nsiuirecl's" own cost:. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "'suit"'. (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suft". (4) Authoidze us to obtain medical records or other pertinent information. (5) Submit to examilination, at our expense, by physlciains of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto"' or its equipment, you must also do the foflowing: (1) Promptly inotify the police if the covered "'auto"'' or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "'auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to Inspect the covered "auto" and records proving the "'loss" before, its repair or disposition. (4) Agree, to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring, a legal action against us under this Coverage Form uintll: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "Insured'" has an obligation to pay or until the amount of that obligation Ihas finally boon deteirmlned by I udgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. Page 8 of 12 @ Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damiaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damiage that results to the "'auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment wiill include the applicable sales tax for the damaged or stollen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything inecessary to secure our rights and miust do nothing after "accident" or"Iloss" to impair them.. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured"s" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form, is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a materiall fact concerning: a. This Coverage Form; b. The covered "auto"'; c. Your interest in the covered "auto""; or d. A claim under this Coverage Forma, 3. Liberalization If we revise this Coverage Form to provide mioire coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 5. Other Insurance a. For any covered "'auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for tlhe"trainer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own.. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any ""'auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any Iiabiility assumed under an "insured contract". d. When this Coverage Formi and any other Coverage Form or policy covers on the same basis, either excess or priimiairy, we will pay only our share. Our share is the proportion that the Limiit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage, Forms and policies covering, on the same, basis. G. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first. Namied Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Namied Insured will get a refund. 4. No Benefit To Bailee — Physical Damage b. If this policy is issued for more than one Coverages year, the premium, for this Coverage Form, We will not recognize any assignment or grant, will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the begiinniing organization holding, stoning or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 @ Insurance Services Office, Inc., 2011 Page 9 of 12 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses"' occurringi: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada;aind (5) Anywhere in the world if a covered "auto"' of the private passenger type is �leased, hired, rented or borrowed without a driver for a period of 30 days or less, prov�ded that the "insured's" respoins�bflity to pay damiages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affifiated with us applies to the same .'accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does snot apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "'Accident" includes continuous or repeated exposure to the same conditions iresultiing in "'bodily injury" or "property damage", B. "'Auto"' means: 1. A Ilaind imotoir vehicle, '"trainer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other imotoir vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bod0y injury" imeans bodily injury, sickness or disease sustained by a person, including, death resulting from any of those. D. "Covered poilufloin cost or expense" moans any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"'; or 2. Any claim or "'suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or ineutralizingi, or in any way responding to, or assessing the effects of, "'pollutants"'. "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, imigration, release or escape of "'"pollutants"': a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered ,.auto"'; b. Before the "polllutants" or any property iin which the "pollutants" are contained are moved from the, place where they are accepted by the "'insured" for movement Into or onto the covered "auto"; or c. After the '"pollutants'" or any property in which the "pollutants" are contained are moved from the covered "auto"' to the place where they are finally delivered, disposed of or abandoned by the, "insured", Page 10 of 12 @ Insurance Services Office, Inc., 2011 CA 00 01 10 13 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto"' or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from, an "auto" part designed by its imanufactuirer to hold, store, receive or dispose of such "potlutants"; and (2') The "bodily injury", "property damage"" or "covered pollution cost or expense" does not arise out of the, operation of any equipment listed in Paragraph 6.11b. or 6.c. of the definition of "mobile equipment", Paragraphs b. and c. above, do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "'pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants"' are contained are upset, overturned or damaged as a result of the imaiinteinaince or use of a covered "auto"; and 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or orgainization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your .Iemiplloyees", of any "auto"'. (However, such contract oir agireement shall not be considered an "insured contract" to the, extent that it obligates you oir any of your "'employees" to pay for "property damiage," to any "auto"' rented or leased by you or any of your "employees". An "'insured contract"' does not include that part of any contract or agireeiment: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any raHroad bridge or trestle, tracks, roadbeds, tuninel, underpass or crossing; (b) The discharge, dispersal, soopagle, b. That pertains to the loan, Iloaso or rental of migration, release or escape of the, an "auto"' to you or any of your ""pollutants is caused directly by "employees", if the "auto" is loaned, leased such upset, overturn or damage. or rented with a driver; or E. "Diminution in value" imeans the actual or perceived loss in miairket value or resale value, which results from a direct and accidental "'loss". F. "'Employee," includes a "leased worker", "'Employee" does not include a "'temporary worker". G. "Insured" imeans any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking, coverage or against whom a claim or ""suit"" is birouglht. H. "'Insured contract" means: 1. A lease of premises; c. That holds a person or organization engaged in the business of transporting property by "'auto" for hire harmless for your use of a covered "'auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the, labor leasing firm to perform duties related to the conduct of your business, "Leased worker"' does inot include a "temporary worker". J. "Loss"' means direct and accidental loss or damage. K. "Mobile equipment"" means any of the following types of land vehicles, including any attached machinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, fairim machinery, forklifts and other 3. Any easement or license agreement, except in vehicles designed for use principally off public connection with construction or demolition roads; operations on or within 50 feet of a railroad; 2. Vehicles maintained for use solely on or next to 4. An obligation, as required by ordinance, to preirmses you own or rent; indemnify a municipality, except in connection 3. Vehicles that travel on crawler treads; with work for a municipality; CA 00 01 10 13 @ Insurance Services Office, Inc., 2011 Rage 11 of 12 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or dirHIs; or b. Road construction or resurfacing equipment such as graders, scrapers or roflers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self -propoUlecl and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaniing, geophysical explorafion, lighting and welkservicing equipment; or b. Cherry pickers and similair devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above, maiiintained primarily for purposes other than the transportation of persons or cargio. However, self-propelled vehicles with the following types of permanently attached equipment are not "imobile equipment" but will be considered ""autos"': a. Equipment designed p6maidly for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar cleviices imouinted oin automobile or truck chassis and used to raise or lower workers; and However, "'mobile equiipment" does not include land vehicles that are subject to a compulsory or financial iresponsiibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. '"Pollutants"'" means any solid, liquid, gaseous or thermal irritant or contairriiinaint, indluding smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes mateirialls to be recyd1ed, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use, of tangible property. N. "Suft" means a civil proceeding in which: 1. Damages because of "bodily injury" or "'property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. Ain arbitraboin proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in whiich such daimages or "'covered pollution costs or expenses"" are claimed and to which the insured submits with our consent. 0. "Temporary worker"' means a person who is furnished to you to substitute for a permanent ,.employee"' oin leave or to meet seasonal or short- term workload coindiifions, c. Air compressors, pumps and generators, including spraying, we,ldingi, building P. "Trailer"' includes semitrailer. cleaniing, geophysical explloratlon, lighting or well-seirvicing equipment. Page 12 of 12 @ Insurance Services Office, Inc., 2011 CA 00 01 10 13 61BE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A A A A ki 10101 -&-_ Name of Insured: CB GENERAL HOLDINGS LLC Policy Number: CBA1365959 Endorsement Number: Effective Date of Endorsement: 03/01/2021 Name of Insurer: IQBE INSURANCE CORPORATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE* Name of Person(s) or Organizationi(s) WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT *Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is adldedl to the Other Insurance Condition in the BUSINESS AUTO, COVERAGE FORM and the Other Insurance — Primary And Excess Insurance Provisions in the MOTOR CARRIER COVERAGE FORM and supersedes any provision to the contrary: 1. Each person or organization shown in the SCHEDULE is an "insured" for Liability Cov- erage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION 11 of the Coverage Form; and This Coverage Form's Covered Autos Liability 2. You have agreed in writing in a contract or Coverage is primary to, and will not seek contribu- agreement that this insurance would be pri- tion from any other insurance available to an mary and would not seek contribution from "insured" shown in the SCHEDULE above pro- any other insurance available to such "in- vided that: sured" and is signed and executed before any damage or "loss" occurs. 0 QBE, 2017 Contains copyrighted material of Insurance Services Office, Inc., CA 80 81 10 17 M used with its permission. Page 11 of 2 B. The following is added to the Other Insurance Condition in the AUTO DEALERS COVERAGE FORM and supersedes any provision to the con- trary: This Coverage, Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured"' shown in the SCHEDULE above provided that: 1. Each person or, organization shown in the SCHEDULE is an "insured" for Liability Cov- erage, but only to the extent that person or organization qualifies as an "insured"' under the Who, Is An Insured provision contained in D. Covered Autos Liability Coverage and SECTION 11 — GENERAL LIABILITY COV- ERAGES of the Coverage Form; and 2. You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to such "'in- sured" and is signed and executed before any dlamagie or "loss" occurs. AJI other terms and conditions of the policy remain unchanged. a Q QBE, 2D17 Contains copyrighted material of Insurance Services Office, Inc,, Page 2 of 2 used with its permission. CA 80 81 10 17 M CBA1365959 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. wwrj:atrelm Z"i, � 1-11:1 Z11181 IC, i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this eindors,emient, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHIEDULE Name(s) Of Person(s) Or Organiz,ation(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s), or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "'ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 0 Insurance Services Office, Inc., 2009 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 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 appllies 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 for which you have agreed to waive your rights of recovery in a written contract, provided such contract was executed prior to date of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is regluiredl only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2021 lPolicy No. CWC1365959 Endorsement No. Insured CB GENERAL HOLDINGS LLC Premium Insurance Company PRAETORIAN INSURANCE COMPANY Countersigned by WC 00 03 13 (Ed. 4-84) (C) 1983 National Council on Compensation Insurance.