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PROOF OF INSURANCE (2019) CLOSED 0 I DATE(MMIDDIYYYY) A►JC`C71 E11i' CERTIFICATE OF LIABILITY INSURANCE III12/17/2018 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'h older 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 I CONTACT Tami Soukup NAME: UNICO Group,Inc. �PHONE (402)434-7200 FAX (402)434-7272 lAlC,.Nlal: 1128 Lincoln Mall -MAIL tsoukup@unicogroup.com DDRESS: Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Lincoln NE 68508 INSURERA: Chubb Group 10052 INSURED INSURER B: MySidewalk,Inc INSURERC: 304 W 8th St. INSURER D: INSURER E: Kansas City MO 64105 INSURER F: COVERAGES CERTIFICATE NUMBER: 2018-2019 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 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, INSR TYPE OF INSURANCE IADDL SUBR' POLICY EFF POLICY EXP LIMITS LTR _(NSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE IrO RENTED 50,000 CLAIMS-MADE F OCCUR PREMIWS.0 Eaux rrohcal $ MED EXP(Any one person) $ 10,000 A D94673720 12/20/2018 12/20/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: I GENERAL AGGREGATE $ 2,000,000 PRO- 2,000,000 X. POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: Employee Benefits $ 100,000 AUTOMOBILE LIABILITY OOMBINED'SINGLE LIMIT $ 1,000,000 - Ba arciden6 I ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED D94673720 12/20/2018 12/20/2019 BODILY INJURY(Per accident) $ � AUTOS ONLY AUTOS X HIRED + NON-OWNED PROPERTY DAMA'GE, $ AUTOS ONLY AUTOS ONLY IPer accldonl'I X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB _H CLAIMS-MADE D94673744 12/20/2018 12/20/2019 AGGREGATE $ 1,000,000 I DED I XI RETENTION$ 10,000 p H $ WORKERS COMPENSATION II PER A I ER AND EMPLOYERS'LIABILITY Y/N I' � 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA 000071773281 12/20/2018 12/20/2019 E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E L DISEASE EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ 1,000,000 Professional Liability A 83201124426001C 12/20/2018 12/20/2019 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of EI Segundo,it's officials and employees are listed as Additional Insured with respect to the General Liability. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of EI Segundo ACCORDANCE WITH THE POLICY PROVISIONS. 350 Main St AUTHORIZED REPRESENTATIVE EI Segundo CA 90245 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL LIABILITY UMBRELLA CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or Read the entire policy carefully to determine rights, perform acts or services is covered unless duties and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" Payments—Coverages A and B. refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" or and any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", applicable "retained limit". If any other limit, "us" and "our" refer to the company providing this such as a sublimit, is specified in the insurance. "underlying insurance", this insurance does not The word "insured" means any person or organization apply to "bodily injury" or "property damage" qualifying as such under Section II — Who Is An arising out of that exposure unless that limit is Insured, specified in the Declarations under the Other words and phrases that appear in quotation Schedule of"underlying insurance". marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage" only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused by "occurrence" that takes place DAMAGE LIABILITY in the"coverage ge territory"; 1. Insuring Agreement (2) The "bodily injury" or "property damage" 9 9 occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized damage" to which this insurance applies. We by you to give or receive notice of an will have the right and duty to defend the "occurrence" or claim, knew that the "bodily insured against any "suit' seeking damages for injury" or "property damage" had occurred, such "bodily injury" or"property damage" when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized "employee" knew, prior to the coverage or the limits of"underlying insurance" policy period, that the "bodily injury" or have been exhausted. When we have no duty "property damage" occurred, then any to defend, we will have the right to defend, or continuation, change or resumption of such to participate in the defense of, the insured "bodily injury" or "property damage" during against any other "suit" seeking damages to or after the policy period will be deemed to which this insurance may apply. However, we have been known prior to the policy period. will have no duty to defend the insured against d. "Bodily injury" or "property damage" which any "suit' seeking damages for "bodily injury" occurs during the policy period and was not, or 'property damage" to which this insurance does not apply. At our discretion, we may prior to the policy period, known to have occurred by any insured listed under investigate any "occurrence" that may involve this insurance and settle any resultant claim or Paragraph 1.a. of Section II — Who Is An "suit" for which we have the duty to defend. Insured or any"employee"authorized by you to But: give or receive notice of an "occurrence" or claim, includes any continuation, change or (1) The amount we will pay for the "ultimate net resumption of that "bodily injury" or "property loss" is limited as described in Section III — damage"after the end of the policy period. Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 18 e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II —Who Is An resolution proceeding in which damages Insured or any"employee"authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (1) Causing or contributing to the intoxication of (2) Receives a written or verbal demand or any person; claim for damages because of the "bodily injury"or"property damage"; or (2) The furnishing of alcoholic beverages to a (3) Becomes aware by any other means that person under the legal drinking age or "bodily injury" or "property damage" has under the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" include l the sale, gift, distribution or use of a damages claimed by any person or alcoholic beverages. organization for care, loss of services or death This exclusion applies even if the claims resulting at any time from the"bodily injury". against any insured allege negligence or other 2. Exclusions wrongdoing in: (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or "property damage" expected (b) Providing or failing to provide or intended from the standpoint of the insured, transportation with respect to any This exclusion does not apply to "bodily injury" person that may be under the influence resulting from the use of reasonable force to of alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that "Bodily injury" or "property damage" for which which is described in Paragraph (1), (2) or (3) the insured is obligated to pay damages by above reason of the assumption of liability in a However, this exclusion applies only if you are contract or agreement. This exclusion does not in the business of manufacturing, distributing, apply to liability for damages: selling, serving or furnishing alcoholic (1) That the insured would have in the absence beverages. For the purposes of this exclusion, of the contract or agreement; or permitting a person to bring alcoholic beverages on your premises, for consumption (2) Assumed in a contract or agreement that is on your premises, whether or not a fee is an "insured contract", provided the "bodily charged or a license is required for such injury" or "property damage" occurs activity, is not by itself considered the business subsequent to the execution of the contract of selling, serving or furnishing alcoholic or agreement. Solely for the purposes of beverages. liability assumed in an "insured contract", This exclusion does not apply to the extent that reasonable attorneys' fees and necessary litigation expenses incurred by or for a party valid "underlying insurance" for the liquor other than an insured are deemed to be liability risks described above exists or would damages because of "bodily injury" or have existed but for the exhaustion of "property damage", provided: underlying limits for "bodily injury" and "property damage". To the extent this exclusion (a) Liability to such party for, or for the cost does not apply, the insurance provided under of, that party's defense has also been this Coverage Part for the liquor liability risks assumed in the same"insured contract"; described above will follow the same and provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Page 2 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 d. Workers' Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any have existed but for the exhaustion of similar law. underlying limits for "bodily injury". To the extent this exclusion does not apply, the e. ERISA insurance provided under this Coverage Part Any obligation of the insured under the for the employer's liability risks described Employee Retirement Income Security Act of above will follow the same provisions, 1974 (ERISA), and any amendments thereto or exclusions and limitations that are contained in any similar federal, state or local statute. the applicable "underlying insurance", unless f. Auto Coverages otherwise directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any"auto"which is not a"covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's injury protection or auto medical payments employment; or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister (a) Employment by the insured; or of that person as a consequence of"bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph (a), (b), or(c) above is directed. (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of This exclusion applies whether the injury- Paragraph (1)above. causing event described in Paragraph (a), (b) or(c) above occurs before employment, during This exclusion applies whether the insured employment or after employment of that may be liable as an employer or in any other person. capacity, and to any obligation to share This exclusion applies whether the insured damages with or repay someone else who may be liable as an employer or in any other must pay damages because of the injury. capacity, and to any obligation to share This exclusion does not apply to liability damages with or repay someone else who assumed by the insured under an "insured must pay damages because of the injury. contract". i. Pollution With respect to injury arising out of a "covered 1 "Bodilyinjury" ""property damage" which auto", this exclusion does not apply to "bodily ( ) or p pert y g would not have occurred in whole or part injury" to domestic "employees" not entitled to workers' compensation benefits. For the but for the actual, alleged or threatened discharge, dispersal, seepage, migration, purposes of this insurance, a domestic "employee" is a person engaged in household release or escape of pollutants" at any or domestic work performed principally in time; or connection with a residence premises. (2) "Pollution cost or expense". CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 18 This exclusion does not apply if valid (5) Aircraft that is: "underlying insurance" for the pollution liability (a) Chartered by, loaned to, or hired by you risks described above exists or would have with a paid crew; and existed but for the exhaustion of underlying limits for"bodily injury" and "property damage". (b) Not owned by any insured. To the extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part "Bodily injury" or"property damage" arising out for the pollution risks described above will follow the same provisions, exclusions and of the use of "mobile equipment" or "autos" in, limitations that are contained in the applicable or while in practice for, or while being prepared "underlying insurance", unless otherwise for, any prearranged professional or organized directed by this insurance, racing, speed, demolition, or stunting activity or contest. j. Aircraft Or Watercraft I. War Bodily injury" or"property damage" arising out Bodily injury" or "property damage", however of the ownership, maintenance, use or entrustment to others of any aircraft or caused, arising, directly or indirectly, out of: watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured, Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims actual or expected attack, by any against any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or "property damage" authority in hindering or defending against involved the ownership, maintenance, use or any of these. entrustment to others of any aircraft or m. Damage To Property watercraft that is owned or operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property.- (1) roperty:(1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or (2) A watercraft you do not own that is: any other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract"for the ownership, maintenance or (b) Owned or transported by the insured use of aircraft or watercraft; and arising maintenance or use of aut of the covered auto".ownership, (4) The extent that valid 'underlying insurance for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any existed but for the exhaustion of underlying part of those premises; limits for "bodily injury" or "property (3) Property loaned to you; damage". To the extent this exclusion does (4) Personal property in the care, custody or not apply, the insurance provided under this Coverage Part for the aircraft or watercraft control of the insured; risks described above will follow the same (5) That particular part of real property on provisions, exclusions and limitations that which you or any contractors or are contained in the "underlying insurance", subcontractors working directly or indirectly unless otherwise directed by this insurance; on your behalf are performing operations, if or the "property damage" arises out of those operations; or Page 4 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (6) That particular part of any property that (3) "Impaired property"; must be restored, repaired or replaced if such product, work, or property is withdrawn because "your work" was incorrectly or recalled from the market or from use by any performed on itperson or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were never dangerous condition in it. occupied, rented or held for rental by you. r. Personal And Advertising Injury Paragraphs (1)(b), (3), (4), (5) and (6) of this "Bodily injury" arising out of "personal and exclusion do not apply to liability assumed advertising injury". under a sidetrack agreement. s. Professional Services Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written "Bodily injury" or "property damage" due to Trailer Interchange agreement. rendering of or failure to render any professional service. This includes but is not Paragraph (6) of this exclusion does not apply limited to: to "property damage included in the "products- completed operations hazard". (1) Legal, accounting or advertising services,- n. ervices;n. Damage To Your Product (2) Preparing, approving, or failing to prepare "Property damage"to"your product" arising out or approve, maps, shop drawings, opinions, of it or any part of it. reports, surveys, field orders, change orders or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage"to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you completed operations hazard". serve as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage supervisory or inspection services; arises was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (8) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including (2) A delay or failure by you or anyone acting service, treatment, advice or instruction in on your behalf to perform a contract or connection with diet, cardiovascular fitness, agreement in accordance with its terms. bodybuilding or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, accidental physical injury to "your product" or fitting, demonstration or distribution of "your work" after it has been put to its intended ophthalmic lenses and similar products or use. hearing aid devices; q. Recall Of Products,Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or (12) Law enforcement or firefighting services; expense incurred by you or others for the loss and of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal (13) Handling, embalming, disposal, burial, of. cremation or disinterment of dead bodies. (1) "Your product"; (2) "Your work"; or CU 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 5 of 18 This exclusion applies even if the claims COVERAGE B—PERSONAL AND ADVERTISING against any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render limit" because of "personal and advertising any professional service, injury" to which this insurance applies. We will t. Electronic Data have the right and duty to defend the insured against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty liability for damages because of"bodily injury". to defend, we will have the right to defend, or to participate in the defense of, the insured As used in this exclusion, electronic data against any other "suit" seeking damages to means information, facts or programs stored as which this insurance may apply. However, we or on, created or used on, or transmitted to or will have no duty to defend the insured against from computer software, including systems and any "suit" seeking damages for "personal and applications software, hard or floppy disks, CD- advertising injury" to which this insurance does ROMs, tapes, drives, cells, data processing not apply. At our discretion, we may investigate devices or any other media which are used any offense that may involve this insurance with electronically controlled equipment. and settle any resultant claim or"suit"for which This exclusion does not apply if valid we have the duty to defend. But: "underlying insurance" for the electronic data (1) The amount we will pay for the"ultimate net risks described above exists or would have loss" is limited as described in Section III — existed but for the exhaustion of underlying Limits Of Insurance; and limits for"bodily injury" and "property damage The insurance provided under this Coverage (2) Our right and duty to defend end when we f Part will follow the same provisions, exclusions have used up the applicable limit of and limitations that are contained in the insurance in the payment of judgments or applicable "underlying insurance", unless settlements under Coverages A or B. otherwise directed by this insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily injury" or "property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable "retained limit". If any other limit, (1) The Telephone Consumer Protection Act such as a sublimit, is specified in the (TCPA), including any amendment of or "underlying insurance", this insurance does not addition to such law; apply to "personal and advertising injury" (2) The CAN-SPAM Act of 2003, including any arising out of that exposure unless that limit is amendment of or addition to such law; specified in the Declarations under the (3) The Fair Credit Reporting Act (FCRA), and Schedule of"underlying insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act(FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, committed in the "coverage territory" during the ordinance or regulation, other than the policy period. TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 6 of 18 C Insurance Services Office, Inc., 2012 CU 00 01 04 13 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, 1 Knowing Violation Of Rights Of Another patent, trademark, trade secret or other ( ) 9 9 intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would rights do not include the use of another's violate the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of Committed by an insured whose business its falsity. is: (3) Material Published Prior To Policy (a) Advertising, broadcasting, publishing or Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or service provider. (4) Criminal Acts However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of "personal at the direction of the insured and advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the business of advertising, broadcasting, contract or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin imprisonment assumed in a contract or Boards agreement. Arising out of an electronic chatroom or (6) Breach Of Contract bulletin board the insured hosts, owns, or over which the insured exercises control. Arising out of a breach of contract, except (12) Unauthorized Use Of Another's Name Or an implied contract to use another's Product advertising idea in your"advertisement". ( Arising out of the unauthorized use of 7) Quality Or Performance Of Goods— Failure To Conform To Statements another's name or product in your e-mail address, domain name or metatag, or any Arising out of the failure of goods, products other similar tactics to mislead another's or services to conform with any statement potential customers, of quality or performance made in your (13) Pollution "advertisement". (8) Wrong Description Of Prices Arising out of the actual, alleged or threatened discharge, dispersal, seepage, Arising out of the wrong description of the migration, release or escape of"pollutants" price of goods, products or services stated at any time. in your"advertisement". CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 18 (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of (i) Refusal to employ that person; appearance or skin enhancement, hair (ii) Termination of that person's removal or replacement, or personal employment; or grooming or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; (i) Optometry or optical or hearing aid or services including the prescribing, (b) The spouse, child, parent, brother or preparation, fitting, demonstration or sister of that person as a consequence distribution of ophthalmic lenses and of "personal and advertising injury" to similar products or hearing aid devices; that person at whom any of the (j) Body piercing services; employment-related practices described in Paragraph (i), (ii) or (iii) above is (k) Services in the practice of pharmacy; directed. (1) Law enforcement or firefighting services; This exclusion applies whether the injury- and causing event described in Paragraph (i), (m) Handling, embalming, disposal, burial, (ii) or (iii) above occurs before cremation or disinterment of dead employment, during employment or after bodies. employment of that person. This exclusion applies even if the claims This exclusion applies whether the insured against any insured allege negligence or may be liable as an employer or in any other wrongdoing in the supervision, hiring, other capacity, and to any obligation to employment, training or monitoring of share damages with or repay someone else others by that insured, if the offense which who must pay damages because of the caused the "personal and advertising injury. injury", involved the rendering of or failure (15) Professional Services to render any professional service. Arising out of the rendering of or failure to (16) War render any professional service. This However caused, arising, directly or includes but is not limited to: indirectly, out of: (a) Legal, accounting or advertising (a) War, including undeclared or civil war; services; (b) Warlike action by a military force, (b) Preparing, approving, or failing to including action in hindering or prepare or approve, maps, shop defending against an actual or expected drawings, opinions, reports, surveys, attack, by any government, sovereign or field orders, change orders or drawings other authority using military personnel or specifications; or other agents; or (c) Inspection, supervision, quality control, (c) Insurrection, rebellion, revolution, architectural or engineering activities usurped power, or action taken by done by or for you on a project on which governmental authority in hindering or you serve as construction manager; defending against any of these. (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; Page 8 of 18 0 Insurance Services Office, Inc., 2012 CU 00 01 04 13 (17) Recording And Distribution Of Material f. Prejudgment interest awarded against the Or Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any we make an offer to pay the applicable limit of action or omission that violates or is alleged insurance, we will not pay any prejudgment to violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection including any amendment 9• All interest on the full amount of any judgment Act (TCPA), of or addition in such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to 2 When we have the right but not the duty to defend such law, including the Fair and the insured and elect to participate in the defense, Accurate Credit Transactions Act (FACTA); or we will pay our own expenses but will not contribute to the expenses of the insured or the (d) Any federal, state or local statute, "underlying insurer". ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or 3. If we defend an insured against a "suit" and an FCRA and their amendments and indemnitee of the insured is also named as a party additions, that addresses, prohibits, or to the "suit", we will defend that indemnitee if all of limits the printing, dissemination, the following conditions are met: disposal, collecting, recording, sending, a. The "suit" against the indemnitee seeks transmitting, communicating or damages for which the insured has assumed distribution of material or information. the liability of the indemnitee in a contract or b. "Pollution cost or expense". agreement that is an "insured contract"; SUPPLEMENTARY PAYMENTS—COVERAGES A b. This insurance applies to such liability AND B assumed by the insured; 1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of the investigate or settle, or any "suit" against an defense of, that indemnitee, has also been insured we defend, when the duty to defend assumed by the insured in the same "insured exists: contract"; a. All expenses we incur. d. The allegations in the "suit"and the information we know about the "occurrence are such that b. Up to $2,000 for cost of bail bonds (including no conflict appears to exist between the bonds for related traffic law violations) required interests of the insured and the interests of the because of an "occurrence" we cover. We do indemnitee; not have to furnish these bonds. e. The indemnitee and the insured ask us to c. The cost of bonds to release attachments, but conduct and control the defense of that only for bond amounts within the applicable indemnitee against such "suit" and agree that limit of insurance. We do not have to furnish we can assign the same counsel to defend the these bonds. insured and the indemnitee; and d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the investigation or defense of the claim or "suit", (1) Agrees in writing to: including actual loss of earnings up to $250 a (a) Cooperate with us in the investigation, day because of time off from work. settlement or defense of the"suit"; e. All court costs taxed against the insured in the (b) Immediately send us copies of any "suit However, these payments do not include demands, notices, summonses or legal attorneys' fees or attorneys' expenses taxed papers received in connection with the against the insured. "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 9 of 18 (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee; and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your "volunteer workers" only while related to the"suit"; and performing duties related to the conduct of (b) Conduct and control the defense of the your business, or your "employees", other indemnitee in such "suit". than either your "executive officers" (if you are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by you incurred by the indemnitee at our request will be or while performing duties related to the paid as Supplementary Payments. conduct of your business. However, none of Notwithstanding the provisions of Paragraph these "employees" or "volunteer workers" 2.b.(2) of Section I — Coverage A — Bodily Injury are insureds for: And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" (a) "Bodily injury" or "personal and and "property damage" and will not reduce the advertising injury": limits of insurance. (i) To you, to your partners or members Our obligation to defend an insured's indemnitee (if you are a partnership or joint and to pay for attorneys' fees and necessary venture), to your members (if you are litigation expenses as Supplementary Payments a limited liability company), to a co ends when we have used up the applicable limit of 'employee" in the course of his or her employment or performing duties insurance in the payment of judgments or settlements or the conditions set forth above, or related to the conduct of your the terms of the agreement described in business or to your other "volunteer workers" while performing duties Paragraph f. above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business; 1. Except for liability arising out of the ownership, (ii) To the spouse, child, parent, brother maintenance or use of"covered autos": or sister of that co-"employee" or a. If you are designated in the Declarations as: "volunteer worker"as a consequence (1) An individual, you and your spouse are of Paragraph (a)(i) above; or insureds, but only with respect to the (iii) For which there is any obligation to conduct of a business of which you are the share damages with or repay sole owner. someone else who must pay 2 A partnership or joint venture, you are an damages because of the injury ( ) p p 1 Y described in Paragraph (a)(i) or (ii) insured. Your members, your partners, and above. their spouses are also insureds, but only (b) "Property damage"to property: with respect to the conduct of your business. (i) Owned, occupied or used by; (3) A limited liability company, you are an (ii) Rented to, in the care, custody or insured. Your members are also insureds, control of, or over which physical but only with respect to the conduct of your control is being exercised for any business. Your managers are insureds, but purpose by; only with respect to their duties as your you, any of your"employees", "volunteer managers. workers", any partner or member (if you (4) An organization other than a partnership, are a partnership or joint venture), or joint venture or limited liability company, any member (if you are a limited liability you are an insured. Your "executive company). officers"and directors are insureds, but only (2) Any person (other than your "employee" or with respect to their duties as your officers "volunteer worker"), or any organization or directors. Your stockholders are also while acting as your real estate manager. insureds, but only with respect to their liability as stockholders, Page 10 of 18 0 Insurance Services Office, Inc., 2012 CU 00 01 04 13 (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), die, but only: members (if you are a limited liability (a) With respect to liability arising out of the company), or a lessee or borrower or any of maintenance or use of that property; their "employees", while moving property to and or from a"covered auto". (b) Until your legal representative has been (5) A partner (if you are a partnership), or a appointed. member (if you are a limited liability (4) Your legal representative if you die, but only company) for a "covered auto" owned by with respect to duties as such. That him or her or a member of his or her representative will have all your rights and household. duties under this Coverage Part. (6) "Employees" with respect to "bodily injury" c. Any organization you newly acquire or form, to: other than a partnership,joint venture or limited (a) Any fellow "employee" of the insured liability company, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify as a fellow "employee's" employment or Named Insured if there is no other similar while performing duties related to the insurance available to that organization. conduct of your business; or However: (b) The spouse, child, parent, brother or (1) Coverage under this provision is afforded sister of that fellow "employee" as a only until the 90th day after you acquire or consequence of Paragraph (a) above. form the organization or the end of the c. Anyone liable for the conduct of an insured policy period, whichever is earlier; described above is also an insured, but only to (2) Coverage A does not apply to"bodily injury" the extent of that liability. or "property damage" that occurred before 3. Any additional insured under any policy of you acquired or formed the organization; "underlying insurance" will automatically be an and insured under this insurance. (3) Coverage B does not apply to "personal Subject to Section III — Limits Of Insurance, if and advertising injury" arising out of an coverage provided to the additional insured is offense committed before you acquired or required by a contract or agreement, the most we formed the organization. will pay on behalf of the additional insured is the 2. Only with respect to liability arising out of the amount of insurance: ownership, maintenance or use of "covered a. Required by the contract or agreement, less autos": any amounts payable by any "underlying a. You are an insured. insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Limits of "covered auto" you own, hire or borrow is also Insurance shown in the Declarations; an insured except: whichever is less (1) The owner or anyone else from whom you Additional insured coverage provided by this hire or borrow a "covered auto". This insurance will not be broader than coverage exception does not apply if the "covered provided by the"underlying insurance". auto" is a trailer or semitrailer connected to No person or organization is an insured with respect a"covered auto"you own. to the conduct of any current or past partnership, joint (2) Your "employee" if the "covered auto" is venture or limited liability company that is not shown owned by that "employee" or a member of as a Named Insured in the Declarations. his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 11 of 18 SECTION III—LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1. Appeals and the rules below fix the most we will pay If the "underlying insurer" or insured elects not to regardless of the number of: appeal a judgment in excess of the"retained limit", a. Insureds; we may do so at our own expense. We will also b. Claims made, "suits" brought, or number of pay for taxable court costs, pre- and postjudgment vehicles involved; or interest and disbursements associated with such appeal. In no event will this provision increase our c. Persons or organizations making claims or liability beyond the applicable Limits of Insurance bringing "suits". described in Section III—Limits Of Insurance. 2. The Aggregate Limit is the most we will pay for the 2. Bankruptcy sum of all "ultimate net loss" under: a. Bankruptcy Of Insured a. Coverage A, except "ultimate net loss" because of"bodily injury" or"property damage" Bankruptcy or insolvency of the insured or of arising out of the ownership, maintenance or the insured's estate will not relieve us of our use of a "covered auto"; and obligations under this Coverage Part. b. Coverage B. b. Bankruptcy Of Underlying Insurer 3. Subject to Paragraph 2. above, the Each Bankruptcy or insolvency of the "underlying Occurrence Limit is the most we will pay for the insurer' will not relieve us of our obligations sum of all "ultimate net loss" under Coverage A under this Coverage Part. because of all "bodily injury" and "property However, this insurance will not replace the damage"arising out of any one"occurrence". "underlying insurance" in the event of bankruptcy 4. Subject to Paragraph 2. above, the Personal And or insolvency of the "underlying insurer". This Advertising Injury Limit is the most we will pay insurance will apply as if the "underlying under Coverage B for the sum of all "ultimate net insurance"were in full effect. loss" because of all "personal and advertising 3. Duties In The Event Of Occurrence, Offense, injury" sustained by any one person or Claim Or Suit organization. a. You must see to it that we are notified as soon 5. If there is "underlying insurance" with a policy as practicable of an "occurrence" or an offense, period that is nonconcurrent with the policy period regardless of the amount, which may result in a of this Commercial Liability Umbrella Coverage claim. To the extent possible, notice should Part, the "retained limit(s)" will only be reduced or include: exhausted by payments for: (1) How, when and where the "occurrence" or a. "Bodily injury" or "property damage" which offense took place; occurs during the policy period of this (2) The names and addresses of any injured Coverage Part; or persons and witnesses; and b. "Personal and advertising injury" for offenses (3) The nature and location of any injury or that are committed during the policy period of damage arising out of the "occurrence" or this Coverage Part. offense. However, if any "underlying insurance" is written b. If a claim is made or "suit" is brought against on a claims-made basis, the "retained limit(s)" will any insured, you must: only be reduced or exhausted by claims for that insurance that are made during the policy period, (1) Immediately record the specifics of the or any Extended Reporting Period, of this claim or"suit"and the date received; and Coverage Part. (2) Notify us as soon as practicable. The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written above, applies separately to each consecutive annual notice of the claim or "suit" as soon as period and to any remaining period of less than 12 practicable. months, starting with the beginning of the policy c. You and any other involved insured must: period shown in the Declarations, unless the policy period is extended after issuance for an additional (1) Immediately send us copies of any period of less than 12 months. In that case, the demands, notices, summonses or legal additional period will be deemed part of the last papers received in connection with the claim or"suit"; preceding period for purposes of determining the Limits of Insurance. Page 12 of 18 0 Insurance Services Office, Inc., 2012 CU 00 01 04 13 (2) Authorize us to obtain records and other (2) The total of all deductible and self-insured information; amounts under all that other insurance. (3) Cooperate with us in the investigation or 6. Premium Audit settlement of the claim or defense against a. We will compute all premiums for this the"suit"; and Coverage Part in accordance with our rules (4) Assist us, upon our request, in the and rates enforcement of any right against any b. Premium shown in this Coverage Part as person or organization which may be liable advance premium is a deposit premium only. to the insured because of injury or damage At the close of each audit period we will to which this insurance may also apply. compute the earned premium for that period d. No insured will, except at that insured's own and send notice to the first Named Insured cost, voluntarily make a payment, assume any The due date for audit and retrospective obligation, or incur any expense, other than for premiums is the date shown as the due date first aid, without our consent. on the bill. If the sum of the advance and audit 4. Legal Action Against Us premiums paid for the policy period is greater than the earned premium, we will return the No person or organization has a right under this excess to the first Named Insured. Coverage Part: c. The first Named Insured must keep records of a. To join us as a party or otherwise bring us into the information we need for premium a"suit"asking for damages from an insured; or computation, and send us copies at such times b. To sue us on this Coverage Part unless all of as we may request. its terms have been fully complied with. 7. Representations Or Fraud A person or organization may sue us to recover on By accepting this policy, you agree: an agreed settlement or on a final judgment against an insured; but we will not be liable for a. The statements in the Declarations are damages that are not payable under the terms of accurate and complete; this Coverage Part or that are in excess of the b. Those statements are based upon applicable limit of insurance. An agreed settlement representations you made to us; means a settlement and release of liability signed c. We have issued this policy in reliance upon by us, the insured and the claimant or the your representations; and claimant's legal representative. 5. Other Insurance d. This policy is void in any case of fraud by you as it relates to this policy or any claim under a. This insurance is excess over, and shall not this policy. contribute with any of the other insurance, 8. Separation Of Insureds whether primary, excess, contingent or on any other basis. This condition will not apply to Except with respect to the Limits of Insurance, and insurance specifically written as excess over any rights or duties specifically assigned in this this Coverage Part. Coverage Part to the first Named Insured, this When this insurance is excess, we will have no insurance applies: duty under Coverages A or B to defend the a. As if each Named Insured were the only insured against any "suit" if any other insurer Named Insured; and has a duty to defend the insured against that b. Separately to each insured against whom claim "suit". If no other insurer defends, we will is made or"suit" is brought, undertake to do so, but we will be entitled to g, Transfer Of Rights Of Recovery Against Others the insured's rights against all those other To Us insurers. If the insured has rights to recover all or part of b. When this insurance is excess over other insurance, we will pay only our share of the any payment we have made under this Coverage "ultimate net loss"that exceeds the sum of: Part, those rights are transferred to us. The insured must do nothing after loss to impair them. (1) The total amount that all such other At our request, the insured will bring "suit" or insurance would pay for the loss in the transfer those rights to us and help us enforce absence of the insurance provided under them. this Coverage Part; and CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 18 10.When We Do Not Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, we a. If a "suit" is brought in a part of the "coverage will mail or deliver to the first Named Insured territory" that is outside the United States of shown in the Declarations written notice of the America (including its territories and nonrenewal not less than 30 days before the possessions), Puerto Rico or Canada, and we expiration date. are prevented by law, or otherwise, from If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a proof of notice. defense of the "suit". We will reimburse the insured, under Supplementary Payments, for 11.Loss Payable any reasonable and necessary expenses Liability under this Coverage Part does not apply incurred for the defense of a "suit" seeking to a given claim unless and until: damages to which this insurance applies, that a. The insured or insured's "underlying insurer" we would have paid had we been able to has become obligated to pay the "retained exercise our right and duty to defend, limit"; and If the insured becomes legally obligated to pay b. The obligation of the insured to pay the sums because of damages to which this "ultimate net loss" in excess of the "retained insurance applies in a part of the "coverage limit" has been determined by a final settlement territory" that is outside the United States of or judgment or written agreement among the America (including its territories and insured, claimant and us. possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from 12.Transfer Of Defense paying such sums on the insured's behalf, we When the underlying limits of insurance have been will reimburse the insured for such sums. used up in the payment of judgments or b. All payments or reimbursements we make for settlements, the duty to defend will be transferred damages because of judgments or settlements to us. We will cooperate in the transfer of control will be made in U.S. currency at the prevailing to us of any outstanding claims or "suits" seeking exchange rate at the time the insured became damages to which this insurance applies which legally obligated to pay such sums. All would have been covered by the "underlying payments or reimbursements we make for insurance" had the applicable limit not been used expenses under Supplementary Payments will up. be made in U.S. currency at the prevailing 13.Maintenance Of/Changes To Underlying exchange rate at the time the expenses were Insurance incurred Any "underlying insurance" must be maintained in c. Any disputes between you and us as to full effect without reduction of coverage or limits whether there is coverage under this policy except for the reduction of the aggregate limit in must be filed in the courts of the United States accordance with the provisions of such "underlying of America (including its territories and insurance" that results from payment of claims, possessions), Canada or Puerto Rico. settlement or judgments to which this insurance d. The insured must fully maintain any coverage applies. required by law, regulation or other Such exhaustion or reduction is not a failure to governmental authority during the policy maintain "underlying insurance". Failure to period, except for reduction of the aggregate maintain "underlying insurance" will not invalidate limits due to payments of claims, judgments or insurance provided under this Coverage Part, but settlements. insurance provided under this Coverage Part will Failure to maintain such coverage required by apply as if the "underlying insurance" were in full law, regulation or other governmental authority effect. will not invalidate this insurance. However, this If there is an increase in the scope of coverage of insurance will apply as if the required coverage any "underlying insurance" during the term of this by law, regulation or other governmental policy, our liability will be no more than it would authority was in full effect. have been if there had been no such increase. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any"underlying insurance" is changed. Page 14 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 SECTION V—DEFINITIONS if such property can be restored to use by the 1. "Advertisement means a notice that is broadcast repair, replacement, adjustment or removal of or published to the general public or specific "Your product" or "your work", or your fulfilling the market segments about your goods, products or terms of the contract or agreement. services for the purpose of attracting customers or 9. "Insured contract" means: supporters. For the purposes of this definition: a. A contract for a lease of premises. However, a. Notices that are published include material that portion of the contract for a lease of placed on the Internet or on similar electronic premises that indemnifies any person or means of communication; and organization for damage by fire to premises b. Regarding web sites, only that part of a web while rented to you or temporarily occupied by site that is about your goods, products or you with permission of the owner is not an services for the purposes of attracting "insured contract",- customers ontract";customers or supporters is considered an b. A sidetrack agreement; advertisement. c. Any easement or license agreement, except in 2. "Auto" means: connection with construction or demolition a. A land motor vehicle, trailer or semitrailer operations on or within 50 feet of a railroad; designed for travel on public roads, including d. An obligation, as required by ordinance, to any attached machinery or equipment; or indemnify a municipality, except in connection b. Any other land vehicle that is subject to a with work for a municipality; compulsory or financial responsibility law or e. An elevator maintenance agreement,- other greement;other motor vehicle insurance law where it is f. That part of any contract or agreement entered licensed or principally garaged. into, as part of your business, pertaining to the However, "auto" does not include "mobile rental or lease, by you or any of your equipment". "employees", of any "auto". However, such 3. "Bodily injury" means bodily injury, disability, contract or agreement shall not be considered sickness or disease sustained by a person, an "insured contract" to the extent that it including death resulting from any of these at any obligates you or any of your "employees" to time. "Bodily injury" includes mental anguish or pay for"property damage" to any "auto" rented other mental injury resulting from"bodily injury". or leased by you or any of your"employees". 4. "Coverage territory" means anywhere in the world g• That part of any other contract or agreement with the exception of any country or jurisdiction pertaining to your business (including an which is subject to trade or other economic indemnification of a municipality in connection sanction or embargo by the United States of with work performed for a municipality) under America. which you assume the tort liability of another party to pay for "bodily injury" or "property 5. "Covered auto" means only those "autos"to which damage" to a third person or organization. Tort "underlying insurance" applies. liability means a liability that would be imposed 6. "Employee" includes a "leased worker". by law in the absence of any contract or "Employee" does not include a "temporary agreement. worker". Paragraphs f. and g. do not include that part of 7. "Executive officer" means a person holding any of any contract or agreement: the officer positions created by your charter, (1) That indemnifies a railroad for"bodily injury" constitution, bylaws or any other similar governing or "property damage" arising out of document. construction or demolition operations, within 8. "Impaired property" means tangible property, other 50 feet of any railroad property and than "your product" or "your work", that cannot be affecting any railroad bridge or trestle, used or is less useful because: tracks, road-beds, tunnel, underpass or a. It incorporates "your product" or "your work" crossing; that is known or thought to be defective, (2) That pertains to the loan, lease or rental of deficient, inadequate or dangerous; or an "auto" to you or any of your b. You have failed to fulfill the terms of a contract employees", if the "auto" is loaned, leased or agreement; or rented with a driver; or CU 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 15 of 18 (3) That holds a person or organization f. Vehicles not described in Paragraph a., b., c. engaged in the business of transporting or d. above maintained primarily for purposes property by "auto"for hire harmless for your other than the transportation of persons or use of a "covered auto" over a route or cargo. territory that person or organization is However, self-propelled vehicles with the authorized to serve by public authority. following types of permanently attached 10."Leased worker" means a person leased to you by equipment are not "mobile equipment" but will a labor leasing firm under an agreement between be considered "autos": you and the labor leasing firm, to perform duties (1) Equipment designed primarily for: related to the conduct of your business. "Leased worker" does not include a"temporary worker". (a) Snow removal; 11."Loading or unloading" means the handling of (b) Road maintenance, but not construction property: or resurfacing; or a. After it is moved from the place where it is (c) Street cleaning; accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted watercraft or"auto"; on automobile or truck chassis and used to b. While it is in or on an aircraft, watercraft or raise or lower workers; and "auto"; or (3) Air compressors, pumps and generators, c. While it is being moved from an aircraft, including spraying, welding, building watercraft or "auto" to the place where it is cleaning, geophysical exploration, lighting finally delivered; and well servicing equipment. but "loading or unloading" does not include the However, "mobile equipment" does not include movement of property by means of a mechanical land vehicles that are subject to a compulsory device, other than a hand truck, that is not or financial responsibility law or other motor attached to the aircraft, watercraft or"auto". vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a 12."Mobile equipment" means any of the following compulsory or financial responsibility law or types of land vehicles, including any attached other motor vehicle insurance law are machinery or equipment: considered"autos". a. Bulldozers, farm machinery, forklifts and other 13."Occurrence" means an accident, including vehicles designed for use principally off public continuous or repeated exposure to substantially roads; the same general harmful conditions. b. Vehicles maintained for use solely on or next to 14."Personal and advertising injury" means injury, premises you own or rent; including consequential "bodily injury", arising out c. Vehicles that travel on crawler treads; of one or more of the following offenses: d. Vehicles, whether self-propelled or not, a. False arrest, detention or imprisonment; maintained primarily to provide mobility to b. Malicious prosecution; permanently mounted: c. The wrongful eviction from, wrongful entry into, (1) Power cranes, shovels, loaders, diggers or or invasion of the right of private occupancy of drills; or a room, dwelling or premises that a person (2) Road construction or resurfacing equipment occupies, committed by or on behalf of its such as graders, scrapers or rollers; owner, landlord or lessor; e. Vehicles not described in Paragraph a., b., c. d. Oral or written publication, in any manner, of or d. above that are not self-propelled and are material that slanders or libels a person or maintained primarily to provide mobility to organization or disparages a person's or permanently attached equipment of the organization's goods, products or services; following types: e. Oral or written publication, in any manner, of (1) Air compressors, pumps and generators, material that violates a person's right of including spraying, welding, building privacy; cleaning, geophysical exploration, lighting f. The use of another's advertising idea in your and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringing upon another's copyright, trade dress raise or lower workers; or slogan in your"advertisement", Page 16 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 15."Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled thermal irritant or contaminant, including smoke, equipment or abandoned or unused vapor, soot, fumes, acids, alkalis, chemicals and materials waste. Waste includes materials to be recycled, 18."Property damage" means: reconditioned or reclaimed a. Physical injury to tangible property, including 16."Pollution cost or expense" means any loss, cost all resulting loss of use of that property. All or expense arising out of any: such loss of use shall be deemed to occur at a. Request, demand, order or statutory or the time of the physical injury that caused it; or regulatory requirement that any insured or b. Loss of use of tangible property that is not others test for, monitor, clean up, remove, physically injured. All such loss of use shall be contain, treat, detoxify or neutralize, or in any deemed to occur at the time of the way respond to, or assess the effects of, "occurrence"that caused it. "pollutants"; or b. Claim or suit b or on behalf of a governmental With respect to the ownership, maintenance or Y 9 use of "covered autos", property damage also authority for damages because of testing for, includes "pollution cost or expense", but only to monitoring, cleaning up, removing, containing, the extent that coverage exists under the treating, detoxifying or neutralizing, or in any "underlying insurance" or would have existed but way responding to, or assessing the effects of, for the exhaustion of the underlying limits. "pollutants". For the purposes of this insurance, with respect to 17."Prod ucts-completed operations hazard": other than the ownership, maintenance or use of a. Includes all "bodily injury" and "property "covered autos", electronic data is not tangible damage" occurring away from premises you property. own or rent and arising out of"your product" or As used in this definition, electronic data means "your work" except: information, facts or programs stored as or on, (1) Products that are still in your physical created or used on, or transmitted to or from possession; or computer software (including systems and (2) Work that has not yet been completed or applications software), hard or floppy disks, CD- abandoned. However, your work" will be ROMs, tapes, drives, cells, data processing deemed completed at the earliest of the devices or any other media which are used with following times: electronically controlled equipment. (a) When all of the work called for in your 19."Retained limit" means the available limits of contract has been completed. "underlying insurance" scheduled in the Declarations or the "self-insured retention", (b) When all of the work to be done at the whichever applies. job site has been completed if your 20."Self-insured retention" means the dollar amount contract calls for work at more than one listed in the Declarations that will be paid by the job site. insured before this insurance becomes applicable (c) When that part of the work done at a job only with respect to "occurrences" or offenses not site has been put to its intended use by covered by the "underlying insurance". The "self- any person or organization other than insured retention" does not apply to "occurrences" another contractor or subcontractor or offenses which would have been covered by working on the same project. "underlying insurance" but for the exhaustion of Work that may need service, maintenance, applicable limits. correction, repair or replacement, but which 21."Suit" means a civil proceeding in which damages is otherwise complete, will be treated as because of "bodily injury", "property damage" or completed. "personal and advertising injury" to which this b. Does not include "bodily injury" or "property insurance applies are alleged. "Suit" includes: damage"arising out of: a. An arbitration proceeding in which such (1) The transportation of property, unless the damages are claimed and to which the insured injury or damage arises out of a condition in must submit or does submit with our consent; or on a vehicle not owned or operated by or you, and that condition was created by the "loading or unloading"of that vehicle by any insured; or CU 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 17 of 18 b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are (1) Warranties or representations made at any claimed and to which the insured submits with time with respect to the fitness, quality, our consent or the "underlying insurer's" durability, performance or use of "your consent. product"; and 22."Temporary worker" means a person who is (2) The providing of or failure to provide furnished to you to substitute for a permanent warnings or instructions. "employee" on leave or to meet seasonal or short- term workload conditions. c. Does not include vending machines or other property rented to or located for the use of 23."Ultimate net loss" means the total sum, after others but not sold. reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay 28."Your work": as damages by reason of settlement or judgments a. Means: or any arbitration or other alternate dispute (1) Work or operations performed by you or on method entered into with our consent or the your behalf; and "underlying insurer's"consent. 24."Underlying insurance" means any policies of (2) Materials, parts or equipment furnished in insurance listed in the Declarations under the connection with such work or operations. Schedule of"underlying insurance". b. Includes: 25."Underlying insurer" means any insurer who (1) Warranties or representations made at any provides any policy of insurance listed in the time with respect to the fitness, quality, Schedule of"underlying insurance". durability, performance or use of "your 26."Volunteer worker" means a person who is not work"; and your"employee", and who donates his or her work (2) The providing of or failure to provide and acts at the direction of and within the scope of warnings or instructions, duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27."Your product": a. Means: (1) Any 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 business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 18 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 SIGNATURES Fq��;L'-d 0 n s"L'I u e 0 Endorsement Number MPOIcy Symbo7YSIDEWALK, INC Noftep, C, C1k11h0314 ................ Polic,yPeri'o'd" Effective Date of Endorsement UMB D94673744 112-20-2018 to 12-20-2019 12-20-2018 ]Policy ..... . ........... as5wed By(Name of Insurance Company) A—CE Property And psq.a.!ty Insurance Company............... ...... Insert the policy number The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company) BANKERS STANDARD FIRE AND MARINE COMPANY (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company) ACE AMERICAN INSURANCE COMPANY (A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY(A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY(A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 ., REBECCA L.COLLINS,Secretary 9JOHN J. LUPICA, President Authorized Representative CC-11<1111(03/14) ACE Producer Compensation Practices & Policies ACE believes that policyholders should have access to information about ACE's practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http,//www.aceprodLtcercornpensation,c.om or by calling the following toll-free telephone number: 1-866-512-2862. ALL-20887(10/06) TRADE ORECONOMIC SANCTIONS ENDORSEMENT ------- -- --- ---��en ---- Named Insured ��penvu --'----- --�----�emveoale of Endorsement 673744 ______r12-20-2018 to---1-2 20-2019 I2-20-2818 u,amcwoomnu»v} ?T-o2eEtly Aud oaaoaI��_�noozaooe oomp,a,nX,___ _______ ...__.......... _____ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing inouranne, inc|uding, but not limited to, the payment of claims. All other terms and conditions ofpolicy remain unchanged. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, exclusions or limitations of the Policy referenced above, except as expressly stated herein. All other terms and conditions remain unchanged. ____ Authorized Representative U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT ("FATCA") ace group The U.S. Foreign Account Tax Compliance Act, commonly known as"FATCA", became the law in the U.S. in March of 2010 and becomes effective July 1, 2014. Pursuant to FATCA, brokers, producers, agents and/or clients may need to obtain withholding certificates from insurance companies. For information on how to obtain the applicable withholding certificate from ACE U.S. insurance companies, please go to the following web site: htto/Jwww.ace !road.p..,,por` lups-en/ass t lw ww.acearOoLID_c�t��ITh!IT m,.fadf. ALL-42490(03/14) Page 1 of 1 Questions About YourInsurance? ACE USA Answers to questions about your insurance, coverage information, or assistance in resolving complaints can be obtained by calling ACE USA, Customer Support Service Department, at 1-800-352-4462. ALL-5X45(11/96)Ptd. in U.S.A. COMMERCIAL LIABILITY UMBRELLA CU 21 23 02 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSIO ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply: (2) The"nuclear material" is contained in "spent A. Under any Liability Coverage, to "bodily injury" fuel" or "waste" at any time possessed, or"property damage": handled, used, processed, stored, trans- ported or disposed of, by or on behalf of an (1) With respect to which an insured under the insured; or policy is also an insured under a nuclear energy liability policy issued by Nuclear En- (3) The "bodily injury" or "property damage" ergy Liability Insurance Association, Mutual arises out of the furnishing by an insured of Atomic Energy Liability Underwriters, Nu- services, materials, parts or equipment in clear Insurance Association of Canada or connection with the planning, construction, any of their successors, or would be an in- maintenance, operation or use of any "nu- sured under any such policy but for its ter- clear facility", but if such facility is located urination upon exhaustion of its limit of li- within the United States of America, its ter- ability; or ritories or possessions or Canada, this Ex- clusion (3) applies only to property dam- (2) Resulting from the "hazardous properties" age" to such "nuclear facility" and any of "nuclear material" and with respect to property thereat. which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or "Hazardous properties" includes radioactive, toxic any law amendatory thereof, or (b) the in- or explosive properties, sured is, or had this policy not been issued "Nuclear material" means "source material", "Spe- would be, entitled to indemnity from the cial nuclear material" or"by-product material United States of America, or any agency thereof, under any agreement entered into "Source material", "special nuclear material", and by the United States of America, or any "by-product material" have the meanings given agency thereof, with any person or organi- them in the Atomic Energy Act of 1954 or in any zation. law amendatory thereof. B. Under any Liability Coverage, to "bodily injury" "Spent fuel" means any fuel element or fuel com- or"property damage" resulting from "hazardous ponent, solid or liquid, which has been used or ex- properties" of"nuclear material", if: posed to radiation in a "nuclear reactor". (1) The "nuclear material" (a) is at any"nuclear "Waste" means any waste material (a) containing facility" owned by, or operated by or on be- "by-product material" other than the tailings or half of, an insured or (b) has been dis- wastes produced by the extraction or concentration charged or dispersed therefrom; of uranium or thorium from any ore processed pri- marily for its "source material" content, and (b) re- sulting from the operation by any person or organi- zation of any "nuclear facility" included under the first two paragraphs of the definition of"nuclear fa- cility" CU 21 23 02 02 © ISO Properties, Inc., 2001 Page 1 of 2 ❑ "Nuclear facility" means: (d) Any structure, basin, excavation, premises (a) Any"nuclear reactor"; or place prepared or used for the storage or (b) Any equipment or device designed or used disposal of"waste"; for(1) separating the isotopes of uranium or and includes the site on which any of the foregoing plutonium, (2) processing or utilizing "spent is located, all operations conducted on such site fuel", or (3) handling, processing or pack- and all premises used for such operations aging "waste"; "Nuclear reactor" means any apparatus designed (c) Any equipment or device used for the proc- or used to sustain nuclear fission in a self- essing, fabricating or alloying of "special supporting chain reaction or to contain a critical nuclear material" if at any time the total mass of fissionable material. amount of such material in the custody of "Property damage" includes all forms of radioac- the insured at the premises where such tive contamination of property. equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; Page 2 of 2 © ISO Properties, Inc., 2001 CU 21 23 02 02 ❑ COMMERCIAL LIABILITY UMBRELLA CU 21 31 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES; CAP O LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added: 4. The terrorism is carried out by means of the This insurance does not apply to: dispersal or application of pathogenic or poi- sonous biological or chemical materials; or TERRORISM 5. Pathogenic or poisonous biological or chemical "Any injury or damage" arising, directly or indi- materials are released, and it appears that one rectly, out of an "other act of terrorism" that is purpose of the terrorism was to release such committed outside of the United States (including materials. its territories and possessions and Puerto Rico), but within the "coverage territory". However, this With respect to this exclusion, Paragraphs 1. and exclusion applies only when one or more of the 2. describe the thresholds used to measure the following are attributed to such act: magnitude of an incident of an "other act of terror- ism" and the circumstances in which the threshold 1. The total of insured damage to all types of will apply for the purpose of determining whether property exceeds $25,000,000 (valued in US this exclusion will apply to that incident. dollars). In determining whether the $25,000,000 threshold is exceeded, we will in- clude all insured damage sustained by property 1. For the purposes of this endorsement, "any of all persons and entities affected by the ter- injury or damage" means any injury or damage rorism and business interruption losses sus- covered under any Coverage Part or underly- tained by owners or occupants of the damaged ing insurance to which this endorsement is ap- property. For the purpose of this provision, in- plicable, and includes but is not limited to "bod- sured damage means damage that is covered ily injury", "property damage", "personal and by any insurance plus damage that would be advertising injury", "injury" or "environmental covered by any insurance but for the applica- damage" as may be defined in any applicable tion of any terrorism exclusions; or Coverage Part or underlying insurance. 2. Fifty or more persons sustain death or serious 2. "Certified act of terrorism" means an act that is physical injury. For the purposes of this provi- certified by the Secretary of the Treasury, in sion, serious physical injury means: concurrence with the Secretary of State and a. Physical injury that involves a substantial the Attorney General of the United States, to risk of death; or be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con- b. Protracted and obvious physical disfigure- tained in the Terrorism Risk Insurance Act for a menta or "certified act of terrorism" include the following: c. Protracted loss of or impairment of the a. The act resulted in insured losses in excess function of a bodily member or organ; or of$5 million in the aggregate, attributable to 3. The terrorism involves the use, release or all types of insurance subject to the Terror- escape of nuclear materials, or directly or indi- ism Risk Insurance Act; rectly results in nuclear reaction or radiation or radioactive contamination; or CU 21 31 06 08 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 b. The act resulted in damage: 3. "Other act of terrorism" means a violent act or (1) Within the United States (including its an act that is dangerous to human life, property territories and possessions and Puerto or infrastructure that is committed by an indi- Rico); or vidual or individuals and that appears to be part of an effort to coerce a civilian population (2) Outside of the United States in the case or to influence the policy or affect the conduct of: of any government by coercion, and the act is (a) An air carrier (as defined in Section not a"certified act of terrorism 40102 of title 49, United States Multiple incidents of an "other act of terrorism" Code) or United States flag vessel which occur within a seventy-two hour period (or a vessel based principally in the and appear to be carried out in concert or to United States, on which United have a related purpose or common leadership States income tax is paid and whose shall be considered to be one incident. insurance coverage is subject to on in the United States), re- C. In the event of an "other act of terrorism" that is regulation of where the loss occurs; or not subject to this exclusion, coverage does not gardapply to any loss or damage that is otherwise ex- (b) The premises of any United States cluded under this Coverage Part. mission; and D. If aggregate insured losses attributable to terrorist c. The act is a violent act or an act that is acts certified under the federal Terrorism Risk In- dangerous to human life, property or infra- surance Act exceed $100 billion in a Program structure and is committed by an individual Year (January 1 through December 31) and we or individuals as part of an effort to coerce have met our insurer deductible under the Terror- the civilian population of the United States ism Risk Insurance Act, we shall not be liable for or to influence the policy or affect the con- the payment of any portion of the amount of such duct of the United States Government by losses that exceeds $100 billion, and in such case coercion. insured losses up to that amount are subject to pro rata allocation in accordance with procedures es- tablished by the Secretary of the Treasury. Page 2 of 2 © Insurance Services Office, Inc., 2008 CU 21 31 06 08 ❑ COMMERCIAL LIABILITY UMBRELLA CU 21 36 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES ELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added: 2. The act is a violent act or an act that is dan- This insurance does not apply to: gerous to human life, property or infrastructure and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu- Damages arising, directly or indirectly, out of a lation of the United States or to influence the "certified act of terrorism" that are awarded as pu- policy or affect the conduct of the United States nitive damages. Government by coercion. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in con- currence with the Secretary of State and the Attor- ney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror- ism Risk Insurance Act for a "certified act of terror- ism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and CU 21 36 01 08 ©ISO Properties, Inc., 2007 Page 1 of 1 ❑ COMMERCIAL LIABILITY UMBRELLA CU 21 38 11 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REMOVAL OF TERRORISM (EXCLUSION; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Any exclusion of terrorism in this Coverage Part, or C. "Certified act of terrorism" means an act that is attached to this Coverage Part by endorsement, is certified by the Secretary of the Treasury, in con- hereby removed. currence with the Secretary of State and the Attor- B. With respect to any one or more "certified acts of ney General of the United States, to be an act of terrorism", we will not pay any amounts for which terrorism pursuant to the federal Terrorism Risk we are not responsible under the terms of the fed- Insurance Act of 2002. The federal Terrorism Risk eral Terrorism Risk Insurance Act of 2002 (includ- Insurance Act of 2002 sets forth the following crite- ing subsequent acts of Congress pursuant to the ria for a "certified act of terrorism": Act) due to the application of any clause which re- 1. The act resulted in aggregate losses in excess sults in a cap on our liability for payments for ter- of$5 million; and rorism losses. 2. The act is a violent act or an act that is danger- ous to human life, property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or for- eign interest, as part of an effort to coerce the civilian population of the United States or to in- fluence the policy or affect the conduct of the United States Government by coercion. CU 21 38 11 02 ©ISO Properties, Inc., 2002 Page 1 of 1 ❑ COMMERCIAL LIABILITY UMBRELLA CU 21 55 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED TE RO IS COVERAGE - COVERED AUTOS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE CU 21 31 —Exclusion Of Other Acts Of Terrorism Committed Outside The United States; Cap On Losses From Certified Acts Of Terrorism CU 21 33—Exclusion Of Certified Acts Of Terrorism CU 21 35—Exclusion Of Certified Acts Of Terrorism And Exclusion Of Other Acts Of Terrorism Committed Out- side The United States CU 21 36—Exclusion Of Punitive Damage Related To A Certified Act Of Terrorism CU 21 40—Exclusion Of Certified Acts Of Nuclear, Biological, Chemical Or Radiological Terrorism; Cap On Losses From Certified Acts Of Terrorism A. If any of the endorsements shown in the Schedule B. With respect to "bodily injury" or "property dam- are attached to the policy, those endorsements do age" arising out of the ownership, maintenance or not apply to "bodily injury" or "property damage" use of any "auto" which is a "covered auto", cov- arising out of the ownership, maintenance or use erage provided under this Coverage Part for acts of any"auto"which is a "covered auto". of terrorism (however defined)will follow the provi- sions, exclusions and limitations of the "underlying insurance" unless otherwise directed by this insur- ance. CU 21 55 06 08 ©insurance Services Office, Inc., 2008 Page 1 of 1 13 COMMERCIAL LIABILITY UMBRELLA CU 21 87 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 21 of Section I—Coverage A—Bodily B. The following is added to Paragraph 2. Injury And Property Damage Liability is Exclusions of Section I — Coverage B — replaced by the following: Personal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: t. Access Or Disclosure Of Confidential Or Access Or Disclosure Of Confidential Or Personal Information And Data-related Personal Information Liability "Personal and advertising injury" arising out of Damages arising out of: any access to or disclosure of any person's or (1) Any access to or disclosure of any organization's confidential or personal person's or organization's confidential or information, including patents, trade secrets, personal information, including patents, processing methods, customer lists, financial trade secrets, processing methods, information, credit card information, health customer lists, financial information, information or any other type of nonpublic credit card information, health information. information or any other type of This exclusion applies even if damages are nonpublic information; or claimed for notification costs, credit monitoring (2) The loss of, loss of use of, damage to, expenses, forensic expenses, public relations corruption of, inability to access, or expenses or any other loss, cost or expense inability to manipulate electronic data. incurred by you or others arising out of any access to or disclosure of any person's or This exclusion applies even if damages are organization's confidential or personal claimed for notification costs, credit information. monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or(2) above. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CU 21 87 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CU P 012 04 13 2012 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage, and other changes, are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. CU 00 01 04 13 — COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM w. I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Part applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Part applies with respect to any other limits, including sublimits, in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance. II. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A — Exclusion 2.c. (Liquor Liability) is revised to provide an exception with respect to permitting a person to bring alcoholic beverages onto the named insured's premises for consumption on the named insured's premises. 2. Coverage A — Exclusion 2.t. (Electronic Data) is revised to introduce an exception for liability for damages because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A — Exclusion 2.s.(2) and Coverage B — Exclusion 2.a.(15)(b) (Professional Services) are revised to reference that the exclusion applies to preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A — Exclusion 2.c. (Liquor Liability) is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow-form and may follow the provisions of the applicable underlying insurance. 2. Coverage A— Exclusions 2.g. (Employer's Liability), 2.i. (Pollution), 2.j. (Aircraft Or Watercraft) and 2.t. (Electronic Data) are revised to reinforce certain follow-form provisions with respect to these exclusions. 3. Coverage A— Exclusion 2.s. and Coverage B — Exclusion 2.a.(15) (Professional Services) are revised to expressly address, in part, claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured. Additionally, Coverage A — Exclusion s.(11) and Coverage B — Exclusion (15)(k) are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. CU P 012 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 4 4. Coverage A — Exclusion 2.u. and Coverage B — Exclusion 2.a.(17) (Recording And Distribution Of Material Or Information In Violation Of Law), addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes, ordinances and regulations, were previously added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy. 5. Coverage B—Exclusion 2.a.(2) and 2.a.(3) (Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period) are revised to reference "in any manner", with respect to oral or written publication, for consistency with the definition of personal and advertising injury. 6. Who Is An Insured — This provision is revised to provide that, if coverage provided to the additional insured is required by contract or agreement, the most the insurer will pay on behalf of the additional insured is the amount of insurance required by the contract or agreement, less any amounts payable by underlying insurance, or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This provision is also revised to reinforce an exception, with regard to liability arising out of the ownership, maintenance or use of a covered auto, concerning employees to expressly address bodily injury to the spouse, child, parent, brother or sister of a fellow employee. 7. Condition 2. (Bankruptcy) is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU 04 02 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. 2. Condominiums, Co-ops, Associations — Directors And Officers Liability Coverage Endorsement CU 04 12 is introduced to provide directors and officers liability coverage with respect to eligible condominiums, co-ops and community associations. 3. Extended Reporting Period Endorsement For Condominiums, Co-ops, Associations — Directors And Officers Liability Coverage Endorsement CU 27 14 is introduced to provide an extended period during which a claim may be made under the Condominiums, Co-ops, Associations — Directors And Officers Liability Coverage Endorsement. 4. Druggists Endorsement CU 22 20 is revised to introduce an exception with respect to the administering of vaccinations. B. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured's premises, for consumption on the named insured's premises: • CU 21 13—Amendment Of Liquor Liability Exclusion 0 CU 21 14 — Amendment Of Liquor Liability Exclusion — Exception For Scheduled Premises Or Activities 2. Exclusion — Cross Suits Liability Endorsement CU 21 26 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury, property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy. 3. Amendment Of Personal And Advertising Injury Definition Endorsement CU 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication, in any manner, of material that violates a person's right of privacy. Page 2 of 4 0 Insurance Services Office, Inc., 2012 CU P 012 04 13 C. OTHER CHANGES 1. Exclusion — Intercompany Products Suits Endorsement CU 21 08 is revised for consistency with the wording of Exclusion—Cross Suits Liability Endorsement CU 21 26. 2. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol: • CU 21 13—Amendment Of Liquor Liability Exclusion • CU 21 14 — Amendment Of Liquor Liability Exclusion — Exception For Scheduled Premises Or Activities 3. Professional Services Endorsements a. The following endorsements are revised to expressly address, in part, claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured: 0 CU 21 15—Exclusion—Financial Services 0 CU 21 75—Exclusion—Insurance And Related Operations 0 CU 21 18—Optical And Hearing Aid Establishments 0 CU 22 20—Druggists 0 CU 22 63—Druggists—Broadened Coverage • CU 22 84—Exclusion—Testing Or Consulting Errors And Omissions 0 CU 22 85 — Exclusion — Internet Service Providers And Internet Access Providers Errors And Omissions 0 CU 22 86—Professional Liability Exclusion—Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain professional services. In addition, these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured: • CU 21 41 —Exclusion—Counseling Services • CU 21 49—Exclusion—Professional Veterinarian Services • CU 21 59—Exclusion—Diagnostic Testing Laboratories • CU 22 68—Exclusion—Professional Services—Blood Banks • CU 22 83—Professional Liability Exclusion—Computer Software • CU 22 93—Professional Liability Exclusion—Computer Data Processing • CU 22 94 — Professional Liability Exclusion — Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion — Failure To Supply Endorsement CU 22 09 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel, 5. Businessowners Liability Changes Endorsement CU 24 29 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides, in part, that ultimate net loss because of bodily injury, property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU 24 30 and Limited Contractual Liability — Railroads Endorsement CU 24 31 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. CU P 012 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 4 7. Underlying Claims-made Coverage Endorsement CU 27 00 is revised to reference "in any manner", with respect to oral or written publication, for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form. 8. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU 27 10 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU 04 03. Page 4 of 4 C Insurance Services Office, Inc., 2012 CU P 012 0413 POLICY NUMBER: D94673744 IL 09 90 01 08 MISSOURI - DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium (Certified Acts)$ $20 This premium is the total Certified Acts premium attributable to the following Coverage Part(s),Cover- age Form(s)and/or Policy(s): Additional information, if any, concerning the terrorism premium: NOTE: The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions, limitations and exclusions in this policy. You should read the defini- tion in your policy carefully, but generally speaking, "certified" acts of terrorism are acts that exceed $5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure Of Premium B. Disclosure Of Federal Participation In Payment In accordance with the federal Terrorism Risk In- Of Terrorism Losses surance Act, we are required to provide you with a The United States Government, Department of the notice disclosing the portion of your premium, if Treasury, will pay a share of terrorism losses in- any, attributable to coverage for terrorist acts certi- sured under the federal program. The federal fied under the Terrorism Risk Insurance Act. The share equals 85% of that portion of the amount of portion of your premium attributable to such cov- such insured losses that exceeds the applicable erage is shown in the Schedule of this endorse- insurer retention. However, if aggregate insured ment or in the policy Declarations. losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 bil- lion in a Program Year (January 1 through De- cember 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. IL 09 90 01 08 © ISO Properties, Inc., 2007 Page 1 of 2 0 C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (Janu- ary 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- ance Act, we shall not be liable for the payment of any portion of the amount of such losses that ex- ceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata al- location in accordance with procedures estab- lished by the Secretary of the Treasury. Page 2 of 2 0 ISO Properties, Inc., 2007 IL 09 90 01 08 13 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S ENT"S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: a Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site—http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 r ACE GROUP SPECIALTY CLAIMS FORWARD BY FAX, MAIL OR E-MAILTO: LOSS NOTIFICATION FORM ACE North American Claims Today's Date: 2018-12-11 P.O. Box 5122 Scranton, PA 18505-0554 Fax No.: (866)635-5687 Toll Free: 844-539-3801 ACECRS-C LAI MS(a,ace ,roupcom, Notice of: (check all that apply) ❑ First-Party Claim ❑ Potential Claim ❑ Third-Party Claim ❑ Litigation Initiated Other Insured's Name & Contact Information Company Name: MYSIDEWALK, INC Point of Contact: Address: 304 W 8th St,....K.an.S.as...C.ity, MO 64105-15.1..3....................................... Phone Number: Broker/Agent's Name & Contact Information Company Name: Internal Users Point of Contact: Users.... Address: Phone Number: .................... Policy Information Policy Number: D94673744 Policy Period: 12-20-2018 to 12-20-2,019 Limits of Liability: $1,000,000 per $1,000,000 agg Self-Insured Retention/Deductible: $0 Loss Information Date of Incident/Claim: Location: Claimant Name/Address: Description of Loss:. ........................ .............. Please list all attached or enclosed documentation: ❑ check if none provided) ..................... .........w ................ .............................._ Name of Person Completing This Form: mm Signature XS-28500a (08/13) ©2013 Page 1 of 1 COMMERCIAL UMBRELLA COVERAGE LIMITATION ENDORSEMENT (NO BROADER THAN SCHEDULED UNDERLYING INSURANCE) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The policy is amended by adding the following: Notwithstanding any other endorsement to this policy, the insurance coverage provided by this policy will not be broader than the insurance coverage provided by the "underlying insurance". In the event of an inconsistency or variance between (a) exclusions, restrictions or limiting terms and conditions in this policy and (b) exclusions, restrictions or limiting terms and conditions in the"underlying insurance" addressing the same general risk or hazard, the more restrictive provision shall apply and shall supersede and be deemed to replace the corresponding less restrictive provision. This applies to supersede endorsements in this policy that may under some circumstances create exceptions to exclusions. Such exceptions shall not apply unless they also appear in and apply to "underlying insurance". All other terms and conditions of the policy remain unchanged. XS-45405(03/15) Page 1 of 1 LEAD EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to the policy: This insurance does not apply to any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead-containing products, materials or substances. This exclusion applies to all forms of lead, including but not limited to solid, liquid, vapor and fumes. All other terms and conditions of the policy remain unchanged. XS-45415(03/15) Includes copyrighted material of the Insurance Services Office, Inc with its permission. Page 1 of 1 ASBESTOS EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to the policy: This insurance does not apply to any injury, damage, expense, cost, loss, liability, or legal obligation arising out of or related in any way to asbestos or asbestos-containing materials All other terms and conditions of the policy remain unchanged. XS-45426(03/15) Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 FOREIGN LIABILITY EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to the policy: This insurance does not apply to"bodily injury," "property damage" or"personal and advertising injury"that occurs outside the United States of America, its territories and possessions, Puerto Rico and Canada. Definition 4. (Coverage Territory) is deleted an replaced by the following: "Coverage territory" means anywhere in the United States of America, its territories and possessions, Puerto Rico and Canada. All other terms and conditions of the policy remain unchanged. XS-45430(03/15) Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CU 21 30 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following. COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist 2. The act is a violent act or an act that is acts certified under the federal Terrorism Risk dangerous to human life, property or Insurance Act exceed $100 billion in a calendar infrastructure and is committed by an individual year and we have met our insurer deductible or individuals as part of an effort to coerce the under the Terrorism Risk Insurance Act, we shall civilian population of the United States or to not be liable for the payment of any portion of the influence the policy or affect the conduct of the amount of such losses that exceeds $100 billion, United States Government by coercion. and in such case insured losses up to that amount B. The terms and limitations of any terrorism are subject to pro rata allocation in accordance exclusion, or the inapplicability or omission of a with procedures established by the Secretary of terrorism exclusion, do not serve to create the Treasury. coverage for injury or damage that is otherwise "Certified act of terrorism" means an act that is excluded under this Coverage Part. certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a"certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and CU 21 30 01 15 0 Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CU 21 50 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA-RELATED DUST EXCLUSIO This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: SILICA OR SILICA-RELATED DUST SILICA OR SILICA-RELATED DUST a. "Bodily injury" arising, in whole or in part, out a. "Personal and advertising injury" arising, in of the actual, alleged, threatened or sus- whole or in part, out of the actual, alleged, pected inhalation of, or ingestion of, "silica" threatened or suspected inhalation of, in- or"silica-related dust". gestion of, contact with, exposure to, exis- b. "Property damage" arising, in whole or in tence of, or presence of, "silica" or "silica- part, out of the actual, alleged, threatened related dust". or suspected contact with, exposure to, ex- b. Any loss, cost or expense arising, in whole istence of, or presence of, "silica" or "silica- or in part, out of the abating, testing for, related dust'. monitoring, cleaning up, removing, contain- c. Any loss, cost or expense arising, in whole ing, treating, detoxifying, neutralizing, reme- or in part, out of the abating, testing for, diating or disposing of, or in any way re- monitoring, cleaning up, removing, contain- sponding to or assessing the effects of, ing, treating, detoxifying, neutralizing, reme- "silica" or "silica-related dust', by any in- diating or disposing of, or in any way re- sured or by any other person or entity. sponding to or assessing the effects of, C. The following definitions are added to the Defini- "silica" or "silica-related dust', by any in- tions Section: sured or by any other person or entity. 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica-related dust' means a mixture or combi- nation of silica and other dust or particles. CU 21 50 03 05 ©ISO Properties, Inc., 2004 Page 1 of 1 0 DISCLOSURE PURSUANT TO TERRORISM RUSK INSURANCE ACT- -- 'Named Insured ndorsernent Number MYSIDEWALK, INC 1 C01 15 Policy Symbol PoItcy Number Policy Period Effective Date of Endorsement UMB 44 �12-20-2018 TO 12-20-2019 12-20-2018 ACEPC | information iswuecompleted only when this endorsement wissued o"usenuemmthe preparation mmepolicy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. Disclosure OfPremium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in this endorsement orinthe policy Declarations. Disclosure OfFederal Participation |nPayment OfTerrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 8596for year 2O15. 8496beginning onJanuary 2U1G; 8396 beginning onJanuary 12O17. O296beginning onJanuary 1. 2D18; 8196beginning onJanuary 1. 2O1Oand 8UY6 beginning on January 1, 2020 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $1UObillion inocalendar year . the Treasury shall not make any payment for any portion ofthe amount nfsuch losses that exceeds $1DObillion. Cap (]nInsurer Participation |nPayment C)fTerrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $1UObillion inacalendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds$100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established bythe Secretary ofthe Treasury. Terrorism Risk Insurance Act premium:$3U Authorized Representative COMMERCIAL LIABILITY UMBRELLA CU 01 36 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion m. of Coverage A — Bodily Injury And If there is an increase in the scope of coverage Property Damage Liability is revised by the of any "underlying insurance" during the term addition of the following: of this policy, our liability will be no more than it m. Damage To Property would have been if there had been no such increase. Paragraphs (1)(a), (3) and (4) of this exclusion do not apply to "property damage" involving an You must notify us in writing, as soon as "auto" loaned to you, with or without practicable, when any "underlying insurance" is consideration, by a person engaged in the no longer in effect, or if the limits or scope of business of selling, repairing or servicing coverage of any "underlying insurance" is "autos" as a temporary substitute for an "auto" changed. you own. This provision only applies if your business is other than selling, repairing or servicing "autos". B. Paragraph 13. Maintenance Of/Changes To Underlying Insurance of Section IV — Conditions is replaced by the following: 13. Maintenance Of/Changes To Underlying Insurance Any"underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such "underlying insurance" that results from payment of claims, settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "underlying insurance". Failure to maintain "underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "underlying insurance"were in full effect. CU 01 36 04 13 0 Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CU 02 05 02 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. If you are an individual, partnership or limited (b) If you are an individual, partnership liability company and a "covered auto" you own is or limited liability company and your of the "private passenger type", and this policy driver's license has been suspended covers fewer than five "autos" and does not insure or revoked during the policy period. If the motor vehicle hazard of garages, motor vehicle we cancel for this reason, we will sales agencies, repair shops, service stations or mail you at least 30 days notice. public parking places, the Cancellation Common However, we may not cancel if you Policy Condition does not apply to that "auto". The are more than one person, but only following Condition applies instead: one person's license has been 1. The Cancellation Common Policy Condition is suspended or revoked. Instead we replaced by the following: may exclude coverage for that person while operating a "covered Ending This Policy auto" during a period of suspension a. Cancellation or revocation. (1) You may cancel the policy by returning it (c) If you are an individual, we replace to us or by giving us advance notice of this policy with another one providing the date cancellation is to take effect. similar coverages and the same (2) If this policy has been in effect for 60 limits for the "covered auto". The days or less and is not a renewal or replacement policy will take effect continuation policy, we may cancel for when this policy is canceled, and will any reason. If we cancel, we will mail end a year after this policy begins or you at least 10 days notice. on this policy's expiration date, whichever is earlier. (3) When this policy has been in effect for more than 60 days or is a renewal or continuation policy, we may cancel only for one or more of the following reasons: (a) Nonpayment of premium. If we cancel for this reason, we will mail you at least 10 days notice. CU 02 05 02 13 © Insurance Services Office, Inc., 2012 Page 1 of 3 (4) If this policy is canceled, you may be b. Nonrenewal entitled to a premium refund. If so, we (1) If we decide not to renew or continue will send you the refund. However, this policy, we will mail you notice at making or offering to make the refund is least 30 days before the end of the not a condition of cancellation. The policy period. If the policy period is other following provisions govern calculation than one year, we will have the right not of return premium: to renew or continue it only at the (a) We will compute return premium pro anniversary of its original effective date, rata and round to the next higher If we offer to renew or continue and you whole dollar when this policy is: do not accept, this policy will terminate (i) Cancelled by us or at our at the end of the current policy period. request; Failure to pay the required renewal or continuation premium when due shall (ii) Cancelled because you no longer mean that you have not accepted our have a financial or insurable offer. interest in the property or business operation that is the (2) If we fail to mail proper notice of subject of this insurance; nonrenewal and you obtain other insurance, the coverages provided by (iii) Cancelled but rewritten with us or this policy will end on the effective date in our company group; or of any similar coverages provided by the (iv) Cancelled after the first year, if it other insurance. is a prepaid policy written for a (3) Our notice of nonrenewal will state the term of more than one year. actual reason for nonrenewal unless the (b) When this policy is cancelled at your nonrenewal is due to nonpayment of request (except when Paragraph premium. (a)(ii), (a)(iii) or (a)(iv) applies), we 2• Mailing Of Notices will return 90% of the pro rata unearned premium, rounded to the Any notice of cancellation or nonrenewal will next higher whole dollar. However, be mailed by United States Postal Service when such cancellation takes place certificate of mailing to your last known mailing during the first year of a multiyear address. Proof of mailing of any notice will be prepaid policy, we will return the full sufficient proof of notice. annual premium for the subsequent 3. Condition 10. When We Do Not Renew of years. Section IV—Conditions does not apply. The refund will be less than 90% of B. For all other circumstances not described in the pro rata unearned premium if the Paragraph A. above: refund of such amount would reduce 1. Paragraphs 2. and 5. of the Cancellation the premium retained by us to an Common Policy Condition are replaced by the amount less than the minimum following: premium for this policy. (5) The effective date of cancellation stated 2 We may cancel this policy by mailing or in the notice shall become the end of the delivering to the first Named Insured written notice of cancellation, stating the actual policy period. reason for cancellation, at least: (6) Our notice of cancellation will state the a. 10 days before the effective date of actual reason for cancellation unless the cancellation if we cancel for cancellation is due to nonpayment of nonpayment of premium; premium. Page 2 of 3 ©Insurance Services Office, Inc., 2012 CU 02 05 02 13 b. 30 days before the effective date of (4) Cancelled after the first year, if it is a cancellation if cancellation is for one or prepaid policy written for a term of more of the following reasons: more than one year. (1) Fraud or material misrepresentation b. When this policy is cancelled at the affecting this policy or a claim filed request of the first Named Insured under this policy or a violation of any (except when Paragraph a.(2), a.(3) or of the terms or conditions of this a.(4) applies), we will return 90% of the policy; pro rata unearned premium, rounded to (2) Changes in conditions after the the next higher whole dollar. However, effective date of this policy which when such cancellation takes place have materially increased the risk during the first year of a multiyear assumed; prepaid policy, we will return the full annual premium for the subsequent (3) We become insolvent; or, years. (4) We involuntarily lose reinsurance for The refund will be less than 90% of the this policy; pro rata unearned premium if the refund c. 60 days before the effective date of of such amount would reduce the cancellation if we cancel for any other premium retained by us to an amount reason. less than the minimum premium for this 5. If this policy is cancelled, we will send the policy. first Named Insured any premium refund 2. Condition 10.When We Do Not Renew of due. The cancellation will be effective even Section IV—Conditions is replaced by the if we have not made or offered a refund. following: The following provisions govern calculation When We Do Not Renew of return premium: 1. We may elect not to renew this policy by a. We will compute return premium pro mailing or delivering to the first Named rata and round to the next higher whole Insured, at the last mailing address known dollar when this policy is: to us, written notice of nonrenewal, stating (1) Cancelled by us or at our request; the actual reason for nonrenewal, at least (2) Cancelled because you no longer sixty days prior to the effective date of the have a financial or insurable interest nonrenewal. in the property or business operation 2. If notice is mailed, proof of mailing will be that is the subject of this insurance; sufficient proof of notice. (3) Cancelled but rewritten with us or in our company group; or CU 02 05 02 13 ©Insurance Services Office, Inc., 2012 Page 3 of 3 COMMERCIAL LIABILITY UMBRELLA CU 26 24 04 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART MISSOURI PROPERTY AND CASUALTY 2. Payments made by the Association for covered INSURANCE GUARANTY ASSOCIATION claims will include only that amount of each COVERAGE LIMITATIONS claim which is less than $300,000. A. Subject to the provisions of the Missouri Property However, the Association will not: and Casualty Insurance Guaranty Association Act (1) Pay an amount in excess of the applicable (to be referred to as the Act), if we are a member limit of insurance of the policy from which a of the Missouri Property and Casualty Insurance claim arises; or Guaranty Association (to be referred to as the As- sociation), the Association will pay claims covered (2) Return to an insured any unearned pre- under the Act if we become insolvent. mium in excess of$25,000. B. The Act contains various exclusions, conditions These limitations have no effect on the coverage we and limitations that govern a claimant's eligibility to will provide under this policy. collect payment from the Association and affect the amount of any payment. The following limita- tions apply subject to all other provisions of the Act: 1. Claims covered by the Association do not in- clude a claim by or against an insured of an in- solvent insurer, if the insured has a net worth of more than $25 million on the later of the end of the insured's most recent fiscal year or the De- cember thirty-first of the year next preceding the date the insurer becomes insolvent; pro- vided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. CU 26 24 04 05 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ IL 00 17 11 98 COMMON POLICY CONDITIONS S All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation, surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply ell or elevators. cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a sregulations, of boilers, pressure ves- refund. els or 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. Your rights and duties under this policy may not C. Examination Of Your Books And Records be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Pagel of 1 ❑