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HomeMy WebLinkAboutInsurance Policies - Airport/Underground Tanks/Workers Comp/Equipment (2014) . I ,l C� III I 446- ace group CLAIMS REPORTING INFORMATION • All claimI "'functions for your airport and aircraft insurance with Member. Insurance Companies of the ACE USA Group are handled by ACE USA Aerospace Claims in Chicago. The staff of ACE USA Aerospace Claims is one of.the most experienced and efficient in the aviation claims business.'' Sean Finegan, experienced Casualty Claim Specialist, is responsible for administering your claims on a day -to-day basis. Sean reports to Dennis Krueger, Senior Aviation Technical Specialist. Sara Meske, Aerospace Claims Assistant, is available to'accept claims information if Sean is unavailable. All claims should be reported to Aerospace Claims as soon as practicable, in order for us to l establish immediate contact with claimants and initiate any necessary investigation. An initial report of claim may be faxed to 877-201-4125. To ensure prompt attention, it is recommended that the fax transmission be confirmed with a phone call' Upon notification of a claim, an appropriate Accident Statement will be forward led for your completion. Where possible, pictures of the accident scene should be obtained during yiour initial investigation. . Because ACE USA Claims has gone paperless, it is imperative that you put the addressee's name and claim number on:all correspondence and note address,/Fax changes below. FIRST NOTICE OF LOSS: Email AerospaceFirstNotice@acegroup.com • I Fax 877-201-4125. Contact Phone Fax E-Mail Primary Sean Finnegan 312-775-7947 866-635-5687 Sean.Finnegan@acegroup.com Secondary Sara Kenney 312 775-7945 866-635-5687 Sara.Kenney@acegroup.com II I Secondary Betty Remblake 312-775-7910 866-635-5687 Betty.Remblake@acegroup.com After Hours Dennis Krueger 815-738-2755 866-635-5687 Dennis.Krueger@acegroup.com 24 Hour Emergency, 815-275-1133 I , All claims that require reporting after hours, should be directed to Dennis Krueger. All claims involving 11 large aircraft should be reported immediately to Dennis Krueger. If you are served with a summons or suit, please call immediately and forward the papers via overnight delivery MAILING ADDRESS OVERNIGHT DELIVERY ADDRESS ACE USIA Claims ACE USA Aerospace Claims P.O. BoxI 5101 525 W. Monroe, 5th Floor11 , Scanton, PA 18505-0500 Chicago, IL 60661 Should you have any questions concerning our claims handling procedures, please feel free to contact us at any time. One of tre ACE Group of Insurance 8 Reinsurance Companies. I I � II I i, 4•114:ES.' • ace group ACE Producer Compensation Practices & Policies ACE b-lieves 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.aceproducercompensation.com or by calling the followi 'g toll-free telephone number: 1-866-512-2862. ALL-20887 (10/06) ' f • Jr& ace group AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY d � ACE PROPERTY AND CASUALTY INSURANCE COMPANY 436 Walnut Street, Philadelphia, Pennsylvania, 19106-3703 IN WITNESS WHEREOF,ACE Property and Casualty Insurance Company has caused this policy to be executed and attested.This policy is a valid contract when countersigned by an authorized representative(where required by law). • JOHN J. LUPICA, President CARMINE A.GIGANTI,Secretary 11 II II AAF?200 (07-10) 11 I aNI 1 III 1j,l .. 1° '�I ' � �,� ,i�ol, � � � � 1 le. 11 f 111 1 µ7 III 1 I D 1II 1 I I I,I Ifs f� ill ill' 1 I1 � vl r r 19 p ate group DECLARATIONS II This Insurance Policy is issued By: Policy Number: AAP N02204289 006 ACE Property and Casualty Insurance Company 11 436 Walnut Street, Renewal of: Philadelphia, Pennsylvania, 19106-3703 AAP N02204289 005 I Named Insured and Mailing Address: City of Renton , Attn: Human Resources 1055 S. Grady Way Renton, (Washington 98057-3232 The Named Insured is: A Public Corporation Location of the Airport(s)You Own or Operate: RNT Renton Municipal Airport, Renton, WA W36 Will Rogers Wiley Post Memorial Seaplane Base, Renton, WA From: January 1, 2014 To: January 1, 2015 at 12.01 a.m.Standard Time at your mailing address shown above. - In retur for the payment of the premium, and subject to all of the terms of this policy,we agree with you to provide the ins Trance as stated in this policy. Limits 'f Insurance: II Produc Is-Completed Operations Aggregate Limit $100,000,000 Person I Injury and Advertising Injury Aggregate limit , $50,000,000 Malpra etice Aggregate Limit $50,000,000 Each Occurrence Limit $100,000,000 Fire Damage Limit Any One Fire $500,000 Medica IExpense Limit Any One Person $5,000 Hangarkeepers Limit Any One occurrence $100,000,000 Hangarkeepers Limit Any One Aircraft $100,000,000 Non-Dined Aircraft Liability Limit Any One Occurrence $100,000,000 Deduct;bles: (Excluding Fees and Expenses) Each Occurrence or Offense Deductible Nil Aggreg lte Deductible Nil Premiull Advanc I' Premium $30,232 Extend d Coverage Endorsement AAP 203 $3,024 Endors lment Premium Included Terrorise Risk Insurance Act Premium $271 Total A vance Premium $33,527 1olicy Forms and Endorsements are described in the attached Schedule of Endorsements. I AAP20''(11-99) Signature: — `>"'-"‘7 By Authorized Representative • • Policy Number: AAP N02204289 006 Effective Date: January 1,2014 Insured:' City of Renton Policy Forms applicable to airports and locations in: Washington I The endorsements listed below form part of this policy at inception and are deemed to have been signed by the same Authorized Representative that signed the Declarations (form AAP 201 11/99). Endorsement No. TITLE and Edition.Date Airport'Owners and Operators'General Liability Policy-Jacket AAP 200 (07,10) i Arport'Owners and Operators General Liability Policy-Declarations AAP 201 (11-99) Airport;Owners and Operators General Liability Policy- AAP 201S (11-99) -Schedule of Endorsements Airport,Owners and Operators General Liability Policy-Policy Provisions AAP 202 (11-99) Extended Coverage-War, Hi-jacking and Other Perils Endorsement AAP 203 (02-08) Amendment of Noise and Pollution and Other Perils Exclusion AAP 204 (11-03) Extension-Specific Excess Automobile Liability Insurance AAP 211 (03-09) Immunity Waiver Endorsement AAP 220 (11/99) Airport Limited Enhanced Coverage Endorsement AAP 234 (11/99) Nuclear Risks Exclusion Clause , AAP 237. • (11/99) Volunteers Endorsement AAP 248 (11/99) Date Recognition Exclusion Endorsement AAP 256 (11/99) Date Recognition Limited Coverage Endorsement AAP 255 (03-08) Premium Audit Endorsement AAP 257 (11/99) Amendment to Include Coverage for Certified Acts of Terrorism; Cap on Losses from Certificed Acts of Terrorism AAP.270 (02-08) Disclosure Pursuant to Terrorism Risk Insurance Act TRIA 11 b (01-08) Pollution Endorsement AAP 273 (11-03) Limited1Terrorism Coverage Endorsement AAP 275 (02-08) Silica And Silica-Related Dust Exclusion AAP 277 (01-06) Non Airport Operations Coverage Extension Endorsement AAP 285 (06-06) Trade or Economic Sanctions Endorsement ALL-21101 (11-06) Infringement of Copyright, Patent, Trademark or Trade Secret Endorsement AAP 306 (03-08) Amendment to Supplementary'Payments (Court Cost) Endorsement AAP 307 (03-08) Washington Changes-Cancellation and Nonrenewal AAP.WA (11/99) Washington Changes 9001-WA (11/99) AAP 201 S (11-99) 27-Jan-14 it II AIRPORT OWNERS AND OPERATORS LIABILITY POLICY INDEX , Please Read Your Policy ) j S CTION I -COVERAGES 2 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Insuring Agreement 2 Exclusions 2 COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 6 Insuring Agreement 6 Exclusions 6 COVERAGE C. MEDICAL PAYMENTS • 7 Insuring Agreement 7 Exclusions 7 II COVERAGE D. HANGARKEEPERS LIABILITY 8 • Insuring Agreement / 8 Exclusions 8 COVERAGE E. NON-OWNED AIRCRAFT LIABILITY 8 Insuring Agreement 8 Exclusions 9 SUPPLEMENTARY PAYMENTS -COVERAGES A, B, D AND E 10 S CTION II -COMMON COVERAGE EXCLUSIONS • 11 S CTION III -WHO IS AN INSURED 12 U � S CTION IV- LIMITS OF INSURANCE AND DEDUCTIBLES 14 S CTION V-CONDITIONS 15 I , S CTION VI -DEFINITIONS 19 • 1111 AAP 20 (11-99) Page 1 of 23 1 AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY POLICY PROVISIONS Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is noticovered. I Throughout this policy the words "you" and "your" refer to the Named Insured shown in the ;Declarations, and any other person or organization qualifying as a Named Insured under this policy. The, words "we", "us"and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS1 , N INSURED (SECTION III). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION VI). The insurance provided by this policy does not apply to any Coverage or hazard against which the words Not Insured appear in the Limits'of Insurance section of the Declarations. SECTION I -COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY , 1. ! Insuring Agreement. aL We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have gany to defend any "suit" seeking those damages. We may at our:discretion the right and duty investigate "occurrence"and settle any claim or"suit"that may result, but: ! (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION,IV); and (2) Our duty to defend ends when we have used up the applicable LIMITS OF INSURANCE 11 in the payment of judgments or settlements under Coverage A. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A, B, D AND E. b. applies injury" g"property 9 i This insurance to "bodilyin u anddamage" onlyif: (1) The"bodily,injury"or"property damage" is caused byan"occurrence"that takes place in the"coverage territory"; and (2) The"bodily injury" or"property damage" occurs during the policy period; and ' (3) The Y "bodily'I injury" or"property damage" arises out of your"airport operations".I c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the"bodily injury". 2. ElXciusions !, This insurance does not apply to: I a! Expected or Intended Injury "Bodily injury" or 'property damage"expected or intended from the standpointof the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. AAP 202 11-99 Page 2 of 23 ( ) 9 b. Contractual Liability 11 "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 11 (1) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement ; or (2) That the insured would have in the absence of the contract or agreement. c., Liquor Liability "Bodily injury" or"property damage"for which the insured may,be held liable by reason of: (1) Causing or contributing to the intoxication of any person; II (2) The furnishing of alcoholic beverages to a person under the legal drinking age, or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, I serving or furnishing alcoholic beverages. - Premises at the "airport" which you lease to others who are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, will not be treated as your business. d. Workers Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employers Liability "Bodily injury"to: (1) An employee of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". f. Aircraft,Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by, rented, II loaned or leased to the insured. Use includes operation and "loading or unloading". This exclusion does not apply to: I• (1) An "auto"or watercraft while on the"airport"; AAP 20+ (11-99) Page 3 of 23 I I i (2) An "auto" or watercraft while not on the"airport" if responding to an aviation emergency; or (3) Liability assumed under any "insured contract" for the ownership, maintenance or use of watercraft. g. Mobile Equipment "Bodily injury"or"property damage"arising out of: (1) The transportation of"mobile equipment" by an "auto" owned or operated by or rented or loaned to the insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. h. Airmeet, Contest or Exhibition "Bodily injury"or"property damage"arising out of: (1) The conduct of any airmeet, contest or exhibition permitted,_sponsored or participated in by any insured; or � I (2) The ownership maintenance or use of grandstands, bleachers or observation platforms. Paragraph (1) otitis exclusion does not apply to static displays. Paragraph (2) of this exclusion does not apply to observation decks or promenades that are part of a permanent structure on the"airport". i. Swimming Pools or Lodging Accommodation "Bodily injury" or"property damage"arising out of the ownership, maintenance or use of: (1) Swimming'pools; or (2) Lodging accommodation for the general public. j! Control Tower "Bodily injury" or "property damage" arising out of the direct operation of a control tower by any insured. K. Damage to Property "Property damage"to: (1) Property ou own, rent or occupy; Y (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned or leased to you; (4) Personal property, other than "aircraft", in the care, custody or control of the insured; r e on whichyou or anycontractors orl subcontractors (5) That particular part of real property working directly or indirectly on your behalf are performing operations, if the "property damage"arises out of those operations; (6) That particular part of any property that must be restored, repaired or replaced because "your work"was incorrectly performed on it; or AAP 202 (11-99) Page 4 of 23 � I I I II I i i !� I (7) "Aircraft" in your care, custody or control or "aircraft" while being serviced, handled or maintained by you. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never ? occupied, rented or held for rental by you. ' Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack.agreement. Paragraph (4) of this exclusion does not apply to "property damage": (a) to an "auto" or "mobile equipment" when your control is solely traffic control, but this exception does not override Exclusion j. above; (b) to an "auto"while on the "airport"; or (c) to baggage or cargo handled by you, provided you are not handling the baggage or cargo as bailee for hire. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products completed operations hazard". Paragraph (7) of this exclusion does not apply to "property damage" to "aircraft" when your control is solely traffic control, but this exception does not override Exclusion j above. I. ? Damage to Your Product "Property damage"to"your product"arising out of it or any part of it. m Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises 11 was performed on your behalf by a subcontractor. n. 1 Damage to Impaired Property or Property,Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and { accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall of Products,Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) product"; "Your (2) "Your work"; or (3) "Impaired property"; AAP 20 (11-99) Page 5 of 23 . I I ! , if such. product,;work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. i Exclusions c. througho. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SECTION IV). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. • a. We will pay those sums that you become legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. We will have the right and duty to defend any "suit". seeking those damages. We may at our discretion investigate any offense and settle any claim or"suit"that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our duty to defend ends-when we have used up the applicable LIMITS OF INSURANCE in the payment of judgments or settlements under Coverage B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A, B, D AND E. b. This insurance applies to: (1) "Personal injury" caused by an offense excluding advertising, publishing, broadcasting or telecasting done by or for you; (2) ' "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if: (a)- The offense was committed or alleged to have been committed unintentionally by you or any of your employees while engaged in their employment by you; and. (b) The offense was committed or alleged to have been committed iri the "coverage territory" during the policy period and arises out of your"airport operations" 2. Exclusions . This insurance does not apply to: ' a. "Personal injury",or"advertising injury": (1) Arising out of any oral or written publication of material, if done by or at the direction'of the insured with knowledge of its falsity; (2) Arising out of any oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; (4) For which '!the insured has assumed liability in a contract or agreement.,This exclusion does not apply to liability for damages that the insured would have in the absence of the contract oragreement;or • AAP 202 (11-99) Page 6 of 23 I " (5) Arising out of the conduct of any airmeet, contest or exhibition permitted, sponsored or participated in by any insured. This exclusion does not apply to static displays. b., "Advertising injury"arising out of: (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or (4) An. offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. c. Any offense which was committed or alleged to have been committed in any State which does not recognize a cause of action for that offense based on negligence. COVE' GE C. MEDICAL PAYMENTS 1. In uring Agreement. a. 'li We will pay medical expenses as described below for"bodily injury" caused by an accident: (1) On your"airport"; or (2) Because of your"airport operations"; provided that: (1) The accident takes place in the"coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable LIMITS OF INSURANCE. We will pay reasonable expenses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. E clusions . = will not pay expenses for"bodily injury": a. f; To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. I; To a person, whether or not an employee of the insured, if benefits for the "bodily injury" are AAP 202 9 11-° e 7 of 23 ( ) Page payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f! Included within the"products-completed operations hazard". g. Excluded under Coverage A. COVERAGE D. HANGARKEEPERS LIABILITY 1. ' Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to. pay as damages because of physical injury to "aircraft" to which this insurance applies. We will have,the right • I and dutyto defend any "suit" seeking those damages. We mayat our discretion investigate 9 9 9 any"occurrence"and settle any claim or"suit"that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our duty to defend ends when we have used up the applicable LIMITS OF INSURANCE in the payment of judgments or settlements under Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A, B, D AND E. b. This insurance applies to physical injury only if: (1) The "aircrft" is in your care, custody or control or while the "aircraft" is being serviced, handled orirepaired by you; and ' (2) The physical injury to "aircraft" is caused by an "occurrence" that takes place on the premises of the"airport"; and (3) The physical injury to"aircraft"occurs during the policy period. C. Damages because of physical injury include damages claimed for all resultant loss of use of such aircraft. ' 2. exclusions . This insurance does not apply to: a. Physical injury to,"aircraft"you own. b. Physical injury to;"aircraft"you rent, lease or which are on loan to you. cl Physical injury to"aircraft"while"in flight". d. Physical injury to "aircraft" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement. COVERAGE E. NON-OWNED AIRCRAFT LIABILITY 1. Insuring Agreement. I , a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily injury"or"property damage"to which this insurance applies. We will have AAP 202 (11-99) • Page 8 of 23 • the right and duty to defend any "suit" seeking those damages. We may at our discretion 11 investigate any"occurrence"and settle any claim or"suit"that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE 1 (SECTION IV); and (2) Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E. - No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A, B, D AND E. b.11 This insurance applies to"bodily injury"and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the"coverage territory"; and (2) The"bodily injury"or"property damage" occurs during the policy period; and (3) The "bodily injury" or "property damage" arises out of your use of any aircraft, or its use on your behalf, provided that: (a) The aircraft is not owned by you in whole or in part; (b) The aircraft is not on lease to you; (c) The aircraft is not subject to a lease-purchase agreement to which you are a party; and (d) The aircraft is used in connection with your"airport operations". c. 111 Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the"bodily injury". 2. E clusions T 'is insurance does not apply to: a. "Bodily injury" or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b.jl "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 11 (1) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or. (2) That the insured would have in the absence of the contract or agreement. c. "Property damage"to the aircraft. d.11Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. AAP 20 0 (11-99) Page 9 of 23 li III II I 1 , e. "Bodily injury"to: I 1 • (1) An employee of the insured arising out of and in the course of employment, by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. I j 1 II This exclusion applies: ! I (1) Whether the insured may be liable as an employer or in any other capacity;,and I (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". f. "Bodily injury" or"property damage" included in the"products-completed operations" hazard. , g. "Bodily injury" or "property damage" arising out of your use of any aircraft or its use on your behalf, if the aircraft is operated "in flight" by a pilot who is not properly certificated and rated by the F.A.A. for the flight involved. • I This exclusionAdoes not applyif the aircraft so operated is withoutyour knowledge or consent. • h. "Property damage"to: (1) Property you own, rent or occupy; , (2) Property loaned or leased to you; • 1 (3) Personal 'roe in the care, custodyor control of the insured. Property rtY SUPPLEMENTARY PAYMENTS-COVERAGES A, B, D AND E W1 will pay, with respect to any claim or"suit"we defend: • 1.Y All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do, not have to furnish these bonds. I 3. The cost of bonds to j release attachments, but only for bond amounts within the applicable LIMITS OF INSURANCE (SECTION IV). We do not have to furnish these bonds. I • , 4. 1 All reasonable expenses incurred by the insured at our request to assist us in the "investigation or defense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. _ I 5. All costs taxed against the insured in the"suit". • 6. (Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable LIMITS OF INSURANCE, we will not pay any prejudgment interest based on that period of time after the offer. I I 7.('II All interest on the full) amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable LIMITS OF INSURANCE. , • P 202 (11-99) Page 10 of 23 , I II i I , II ' T 'ese payments will not reduce the LIMITS OF INSURANCE. II SECTION II -COMMON COVERAGE EXCLUSIONS I li All Coy:iages included in this policy are subject to the following exclusions. A. N 0 ise and pollution and other perils. 1 1. � This policy does not cover claims directly or indirectly occasioned by, happening through or in consequence of: (a) noise (whether audible- to the human ear or not), vibration, sonic boom and any phenomena associated therewith, (b) pollution and contamination of any kind whatsoever, (c) electrical and electromagnetic interference, (d) interference with the use,of property; unless caused by or resulting in a crash fire explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation. 2. With respect to any provision in the policy concerning our duty to investigate or defend claims, such provision shall not apply and we shall not be required to defend: I (a) claims excluded by Paragraph 1; or (b) a claim or claims covered by the policy when combined with any claims excluded by Paragraph 1 (referred to below as"Combined Claims"). 3. II In respect of any Combined Claims, we shall (subject to proof of loss and the LIMITS OF INSURANCE) reimburse you for that portion of the following items which may be allocated to the claims covered by the policy: (i) damages awarded against any insured; and (ii) defense fees and expenses incurred by any insured. 4. Nothing herein shall override any radioactive contamination or other exclusion clause)attached to or forming part of this policy.. - B. W?r, hi-jacking and other perils. Thlls policy does not cover claims caused by: (a)1 War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power. 1 (b !I Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion i or other like reaction or radioactive force or matter. (c) Strikes, riots, civil commotions or labor disturbances. (d)' Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or q intentional. (e ' Any malicious act or act of sabotage. AAP 20 I,(11-99) Page 11 of 23 I i , II 1 I � i (f) Confiscation, nationalization; seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority. (g) Hi-jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight (including any attempt at such seizure or control) made by any person or persons on board the aircraft acting without the consent of the Insured. Furthermore this policy does not cover claims arising while the aircraft is outside the control of the insured by reason of any of the above perils. The aircraft shall be deemed to have been restored to the control of the insured on the safe return of the aircraft to the insured at an airfield not excluded by the "coverage territory" of this policy, and entirely suitable for the operation of the aircraft (such safe return shall require that the aircraft be parked with engines shut down and under no duress). C. 1 Radioactive Contamination. 1. This policy does not cover: (a) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom (b) any legal liability of whatsoever nature directly or indirectly caused or contributed to by or arising from ionizing radiations or contamination by radioactivity from any source whatsoever. 2. Loss, destruction, damage, expense or legal liability which, but for the provisions of paragraph 1. of this exclusion, would be covered by this policy, and is directly or indirectly caused or contributed to by or arises from ionizing radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Transport Association Regulations, shall (subject to all other provisions of this policy) be covered, provided that: a. it shall be a condition precedent to our liability that the carriage of any radioactive material shall in all respects comply with the current regulations issued by the International Air Transport Association relating to the carriage of restricted articles by air; b. this policy. shall only apply to any claim made against the insured arising out of any accident or incident occurring during the period of this insurance and any such claim I made by the insured against us or by any claimant against the insured shall have been made within three years after the date of the occurrence giving rise to the claim; c. the cover afforded by this paragraph 2. may be cancelled at any time by us giving seven days notice of cancellation. SECTION III -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to 'your "airport operations". b. A partnershipor venture, you are. an insured. Your members, your partners, and their joint spouses are also insureds, but only with respect to your"airport operations". c. A public corporation, you are an insured. Your elective or appointive officers or members of any board or commission or agency of yours are also insureds, but only with respect to your AAP 202 (11-99) Page 12 of 23 III "airport operations". d. An organization other than a partnership, joint venture or public corporation, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties II as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. E..ch of the following is also an insured: a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you with respect to your"airport operations". b. ' If you are designated in the Declarations, as a public corporation, employees of your boards, commissions or agencies, other than executive•officers, but only for acts within the scope of their employment by those boards, commissions or agencies with respect to your "airport operations". H Iwever, no employee of yours or your boards, commissions or agencies is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her employment, or the spouse, child, parent, brother or sister of that co-employee as a consequence of such "bodily injury" or "personal injury", or for any obligation to share damages with or repay someone else who must pay damages because of the Injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or 11 (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners'or members (if you are a partnership or joint venture). c. Any person (other_than your employee), or any organization, while acting as your real estate , manager. d.I' Any person or organization having proper temporary custody of your property if you die, but only: J (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. e. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. th respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an in ured, but only with respect to liability arising out of the operation of the equipment, and only if no of i er insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: , a. ! "Bodily injury"to a co-employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No; person or organization is an insured with respect to the conduct of any current or past p-rtnership or joint venture that is not shown as a Named Insured in the Declarations. AAP 20 (11-99) Page 13 of 23 • SECTION IV-LIMITS OF INSURANCE AND DEDUCTIBLES A. LIMITS OF INSURANCE 1. The LIMITS OF,INSURANCE (SECTION IV) shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for all damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard". 3. The Personal and Advertising Injury Aggregate Limit is the most we will pay under Coverage B for the sum of all damages because of"personal injury" and "advertising injury". 4. The Malpractice Aggregate Limit is the most we will pay under Coverage A for all damages because of"malpractice". 5. Subject to 2, 3 or 4 above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages because of all "bodily injury"and "property damage" under Coverages.A and E; and b. Medical expenses under Coverage C; and c. Damages ',because of physical injury to "aircraft" under Coverage D. arising out of one "occurrence"; and d. Damages because of all "personal injury" and "advertisinginjury" under Coverage B 9 1 rY JrY arising out of one offense. 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. 8. to 5. above, the Hangarkeepers Limit Any One Aircraft is the most we will pay under Subject9 D fore damages because of physical injurysustained byanyone "aircraft" and the Coveragep y 99 Han arkee ers [Limit AnyOne Occurrence is the most we will payunder Coverage D for 9 P physical injury sustained by all "aircraft" in any one"occurrence". 9. Subject to 5. above, the Non-Owned Aircraft Liability Limit Any One Occurrence is the most we damage" will payunder Coverage E for damages because of "bodilyinjury" and "property g ., g ,, g arisingfrom one"occurrence". The limits of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the r of less than unless the policyperiod is extended after issuance for an additional period Declarations, P period months. In that case, the additional period will be deemed part of the last preceding pe od for purposes of determining the Limits of Insurance. AAP 202 (11-99) Page 14 of 23 B. D :DUCTIBLES 1. 0 'r obligation to pay: • a. Damages because of"bodily injury" and "property damage" under Coverages A and E; and b. Medical expenses under Coverage C; and c.III Damages because of physical injury to "aircraft" under Coverage D arising out of one occurrence; and d. Damages because of"personal injury" and "advertising injury" under Coverage B arising out of any one offense a•,blies only to the amount of damages or medical expenses in excess of the Each Occurrence or O ense Deductible amount stated in the Declarations, but the LIMITS OF INSURANCE applicable to E.ch Occurrence will not be reduced by the amount of such deductible, nor will Aggregate'limits for s ch coverages be reduced by the application of such deductible amount. 2. The Aggregate Deductible amount stated in the Declarations is the most you will have to pay for all deductible amounts under Coverages A, B,'C, D and E for all damages and medical expenses. 3. The terms of this insurance, including those with respect to: (a) Our right and duty to defend any"suits"seeking those damages; and (b) Your duties in the event of an "occurrence", claim, or suit i apply irrespective of the application of the deductible amount. 4. li We may pay any part or all of the deductible amount to effect settlement of any claim or suit 11 and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. T e Aggregate Deductibles of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of le Is than 12 months. In that case, the additional period will be deemed the last preceding period for purposes of determining the aggregate deductibles. SECTION V-CONDITIONS 1. B nkruptcy. Bankruptcy or insolvency• of the insured or of the insured's estate will not relieve us of our obligations under this Policy. I� 2. D ties In The Event Of Occurrence, Offense, Claim Or Suit. a. ; You must notify us as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit" is brought against any insured, you must: AAP 20.III(11-99) Page 15 of 23 li �1 1 11 I I 1 "suit" n ui and the date received;1and (1) Immediatel record the specifics of the claim ors t Y P 1 I 1 (2) Notify us as soon as practicable. ' I You must see to it that we receive written notice of the claim or"suit" as soon as practicable. I I c. You and any other involved insured must: ' (1) Immediately send us copies of any demands, notices, summonses or legal papers received inlconnection with the claim or"suit"; 1 1 I (2). ' Authorize us to obtain records and other information; 1 1 settlement or defense of the claim Ior"suit"• , II (3) Fully cooperate with us in the investigation, , and I 1 II 1 (4) Assist us, I upon our.request, in the enforcement of any right against any person or or anization which maybe liable to the insured because of.in u or damage to!which this g , 1 � ry , I insurance may also apply. I d. No insureds will, except at their own cost, voluntarily make a payment, assume;any',obligation, I. or incur any expense, other than for first aid,without our consent. 1 3. j1, Legal Action Against Us. . !I: N o person or organization has a right under this policy: I a. To join us as a party or otherwise bring us into a"suit"asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue 'us to recover on an agreed settlement or on a final judgment 1 against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable LIMITS OF INSURANCE (SECTION IV). An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance. if other valid and collectible insurance is available to the'insured for a loss we cover under Coverage A, B, D or E of this policy; our obligations are limited as follows: , a. Primary Insurance 1 This insurance is primary except when b. below applies. If this insurance is primary, our I obligations are riot affected unless any of the other insurance is also primary'. Then, we will share with all that other insurance by the method descr ibed in c. below. b. Excess Insurances This insurance is excess over any of the other insurance, whether primary, excess,'contingent or on any other basis: 1 .I imilarIcovera a for (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or s g ,"your work"• I 1 (2) That is Fire insurance for premises rented to you; or. 1 I (3) If the loss arises out of the maintenance or use of "autos" or watercraft to the'extent not subject to Exclusion f. of Coverage A(Section I). , (4) That is Aircraft Liability insurance on any aircraft to which Coverage E (Section I)applies. P 202 (11-99) Page 16 of 23 I _ ill I,l II When this insurance is,excess, we will have no duty under Coverage A, B, D or E to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance.) We will share the remaining loss, if any, with any other insurance .that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of thei Limits of Insurance shown in the Declarations of this Policy. c. 1 Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. P ' mium Audit. a. 'I We will compute all premiums for this policy in accordance with our rules and rates. b. i, Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation,and send us copies at such times as we may request. 6. R:(presentations. B accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and • c. We have issued this policy in reliance upon your representations. 7. S- aration Of Insureds. E ept with respect to the LIMITS OF INSURANCE (SECTION. IV), and any rights or duties sp=cifically assigned in this policy to the first Named Insured, this insurance applies separately to ea'h insured against whom claim is made or"suit" is brought. AAP 20- 11-99 Page 17 of 23 II ' I i� 8. I transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Policy, those rights are transferred t o us. The insured must do nothing after loss'to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. I I I 9. Changes. • This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations ,is authorized to make changes in the (terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 1011; Examination of your books and records. II We may examine and audit your books and records as they relate to this policy at any time during the policy period and Up to three years afterward. 111! Inspections and surveys. We have the right but are not obligated to: 1. Make inspections and surveys at any time; I 2. Give you reports on the conditions we find; and Recommend changes. I insurability and the remiums I Any inspections, surveys, reports or recommendations relate only to premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not 1 warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, ,advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 12. Premiums and deductibles. The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums and deductibles; and 2. Will beIthe payee for any return premiums we pay. 13 Transfer of your rights and duties under this policy. Your rights and dutiesI under this policy may not be transferred without our written consent,except in the case of death of an individual named insured as directed below: If you die, your rights and duties will be transferred to your legal representative but only while acting Within the scope of duties as your legal representative. Until your legal representative ',is appointed, I anyone having proper temporary custody of your property will have your rights and,duties but only with respect to that property. IP 202 (11-99) Page 18 of 23 , SECTION VI -DEFINITIONS 1. dvertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organizations goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. I' Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "A IIrcraft" under Coverage D means any aircraft or its parts or equipment. 3. " sport" means the Airport(s) designated in the Declarations, including ways and means i nediately adjoining such airport(s). 4. "A irport operations" means the ownership, maintenance, use or provision of premises, services and fa ilities necessary to the operation of the"airport". 5. uto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, in "luding any attached machinery or equipment, but"auto"does not include"mobile equipment". 6. "Bodily injury" means: a. Ij Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; or b. Fright or mental anguish sustained by a person. 7. "C.verage territory" means: a. ° The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to,or from any place not included in a. above; or c. All parts of the world if:.. (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merts,.in the territory described in a. above or in a settlement we agree to. $ "I ores less useful becaus : property, p y that cannot paired property" means tangible ro ert , other than "your product" or "your work", a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if -uch property can be restored to use by: a. The repair, replacement, adjustment or removal of"your product"or"your work"; or AAP 20. (11-99) Page 19 of 23 i I 1 b. Your fulfilling thelterms of the contract or agreement. 9. "In flight" means: ' 11 a. With respect to a fixed wing aircraft, from the time the aircraft moves forward in attempting to take off until the aircraft has completed its landing run. L. With respect to'a rotorcraft, while its rotors are in motion as a result of engine' power or I autorotation. , 10 "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; I c. Any easement or license agreement, except in connection with construction or ,demolition operations on or'within 50 feet of a railroad; r d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; ' e. An elevator maintenance agreement; , f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under • which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An "insured contract"does not include that part of any contract or agreement: 11 a. That indemnifies' any person or organization for "bodily injury" or "property damage" arising out of construction.or demolition operations, within 50 feet of anyrailroad property and effecting I I u p �, eds tunnel, underpass or crossin anyrailroad bridge or trestle, tracks, road-beds, p g, g b. That indemnifies',an architect, engineer or surveyor for injury or damage arising out of: l 1 Preparing,'approving or failing to prepare or approve maps, drawings, opinions, reports, , surveys, change,orders, designs or specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injurydamage;or 9 architect, engineer or 'surveyor, assumes liability,for an injury Under which the insured, if an g y Y J ry or damage arising, out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; or d: That indemnifies any person or organization for damage by fire to premises rente d or loaned 11 9. to you. , 111' "Loading or unloading" means the handling of property: . a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or"auto"; b. While it is in or on an aircraft, watercraft or"auto"; or or "auto" to the lace where it is from an aircraft, watercraft While it is being movedp finally c. delivered; I AAP 202 (11-99) Page 20 of 23 1 li b t 'loading or unloading" does not include the movement of property by means of a Mechanical d:ivice, other than a hand truck, that is not attached to the aircraft,watercraft or"auto". I 12. " lialpractice" means malpractice, error or mistake by a physician, surgeon, nurse,' medical to hnician or other person performing medical services on behalf of an insured in the provision of e °,ergency medical relief. ' I i 13. " °obile equipment" means any of the following types of land vehicles, including any attached m=chinery or equipment: a. 11 Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. I Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: II (1) Air compressors, pumps and generators, including spraying, welding, building icleaning, geophysical exploration, lighting and well servicing equipment; or III (2) Cherry pickers and similar devices used to raise or lower workers; f. � Vehicles not described in a., b., c. or d. above maintained primarily for purposes other',than the itransportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not"mobile equipment" but will be considered "autos": III (1) Equipment designed primarily for: (a) Snow removal; 1 11 (b) Road maintenance, but not construction or resurfacing; 1 (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building ',cleaning, geophysical exploration, lighting and well servicing equipment. 14. "Occurrence" means an accident, including continuous or repeated exposure to substantially the. same general harmful conditions. i 15. "P rsonal injury" means injury, other than "bodily injury", arising out of one or more of the!following o nses: ,I a. Mistaken arrest, detention or imprisonment; r AAP 20 (11-99) Page 21 of 23 II II i , I b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written !publication of material that slanders or libels a person or organization or disparages a persons or organizations goods, products or services; e. Oral or written publication of material that violates a person's right of privacy; f: Unintentional discrimination; g. Misdirection of al passenger by an insured to the wrong aircraft, automobile or other connecting transportation; or r The offenses described in paragraph f. of this definition do not include personal injury.anmg out of the employment, past employment or future employment of a person by any insured. 161 a. "Products-completed operations hazard" includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of"your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. b. "Your work"will be deemed completed at the earliest of the following times: , (1) When all of the work called for in your contract has been completed. I , (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that;part of the work done at a job site has been put to its intended use by any person or lorganization other than another contractor or subcontractor working on the same project. Work that may !need service, maintenance, correction, repair or replacement, but which is otherwise complete,will be treated as completed. c. This hazard does not include"bodily injury" or"property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the"loading or unloading"of it; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; I (3) Products Cr operations for which the classification in this policy or in,our manual of rules includes products or completed operations. 171a;1 "Property damage" means: • a Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time;of the"occurrence"that caused it. AAP 202 (11-99) Page 22 of 23 • it 18. " 'uit" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury"or"advertising injury"to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 19. "Your product" means: a.11, Any goods or products, other than real property, manufactured, sold, handled, distributed or 11 disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product"; and b. The providing of or failure to provide warnings or instructions. 1 "Y' ur product" does not include vending machines or other property rented to or located for the use of Iliothers but not sold. 20. "Your work" means: a. Work or operations performed by you or on your behalf; and b. : Materials, parts or equipment furnished in connection with such work or operations. " our work" includes: a. I Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your work"; and b.I, The providing of or failure to provide warnings or instructions. AAP 202 (11-99) Page 23 of 23 II i I This Endorsement effective January 1,2014 forms part of Policy Number AAP N02204289 006 Issued to _ City of Renton By ACE(Property And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE-WAR, HI-JACKING AND OTHER PERILS ENDORSEMENT I , This endorsement modifies the insurance coverage provided under your AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. 1. Paragraphs (a), (c), (d), (e), (f) and (g) of Common Coverage Exclusion B (Section II) do not 9pply to Coverages A, C, D, and E of this policy, SUBJECT TO all terms and conditions of this endorsement. I 2. The most we will pay under this endorsement for: (a) all"bodily injury"; and (b) all "property damage" I combined is the Aggregate Limit shown in the Schedule below; and The Aggregate Limit shown in the Schedule below is included within, and is not in addition to, the Limits of Liability shown in the Declarations. 3. 11 The followingdefinition) is added to thepolicy: ( I "Certified act of terrorism" means an act certified by the Secretary of the Treasury, in concurrence with: (a) the Secretary of State; and (b) the Attorney General of the United States of America, to be an act of terrorism pursuant to the Terrorism Risk Insurance Act ("TRIA"). The criteria for a"certified act of terrorism" include that the act: , !, A. resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to TRIA; and B. is a violent act or an act that is dangerous to: (a) human life;or . (b) property o infrastructure . and is part of an'effort to: Endorsement No. 1 AAP 203(02-08) Page 1 of,3 01/27/20141 I i , I i III II I I � II This Endorsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 Issued to City of Renton By ACE •roperty And Casualty Insurance Company it (ci coerce the civilian population of the United States of America; or -(di influence the policy or affect the conduct of the United States Government by coercion. 4. T is endorsement does not apply to: (al any damage to property on the ground while outside: (i) Canada, or (ii) the United States of America, • unless caused py or arising out of the use of aircraft; or (bl' "Certified Acts of Terrorism", if the "Amendment to Include Coverage for Certified Acts of Terrorism; Cap on Losses from Certified Acts of Terrorism Endorsement", is attached to this policy. 5. If the "Amendment to Include Coverage for Certified Acts of Terrorism; Cap on Losses from C ;rtified Acts of Terrorism Endorsement" is not attached to this policy, then if: (ai aggregate 'insured losses certified under TRIA exceed $100 billion in a Program Year (January 1 through December 31); and (b our insurer deductible under TRIA is met, w- are not liable for such losses that exceed $100 billion. In ;such case insured losses up to that amount will be pro-rated according to the procedures e-tablished by the Secretary of the Treasury of the United States of America. 6. T e termination or cancellation of this endorsement is governed solely by paragraphs 7 and 8 b=low, and not by any other provision of this policy. 7. (ail This endorsement will END AUTOMATICALLY upon the outbreak of war (whether there is a declaration of war or not) between any of the following: (i) France, (ii) the People's Republic of China, (iii) the Russian Federation, (iv) the United Kingdom, or (v) the United States of America. (b The coverage provided by deleting paragraph (a) of Common Coverage Exclusion B (section II)will END AUTOMATICALLY upon the hostile detonation of any weapon of war using: (i) atomic or nuclear fission and/or fusion; or Endorse ent No. 1 • AAP 203 02-08) Page 2 of 3 01/27/2014 This Endorsement effective January 1,2014 forms part of Policy Number MP N02204289 006 Issued to City of Renton By ACEIIProperty And Casualty Insurance Company li (ii) other like reaction or radioactive force or matter, r • • where or whenever such detonation may occur, and whether or not the insured Aircraft is ' involved. (c) All coverage for; an insured Aircraft requisitioned for title or use will END AUTOMATICALLY upon such requisition. (d) If an insured Aircraft is in the air when 7.(a), (b) or (c) occurs, the coverage provided by this endorsement (unless otherwise cancelled, terminated or suspended) will remain in effect until: (i) the insured Aircraft has completed its first landing thereafter; and (ii) all passengers have disembarked. 8. (a) We may give 7;days notice to review the premium and/or geographical limits of your policy at any time. • (b) We may review premium and/or geographical limits on any January 1, April 1, July and October 1 of the iyear(s)during the policy period. it (c) We will send a notice advising you of any change in the premium and/or (geographical limits at least 7 drays before the effective date of any such change. (d) Following a hostile detonation as specified in 7(b) above, we may give 48 hours notice of a full or partial cancellation of this endorsement. (e) This endorsement may be cancelled by us or you by giving 7 days notice at any time. (f) All notices shall'be in writing, and are effective after the specified period of notice beginning at 23.59 hours Greenwich Mean Time on the day notice is given. I All'iother terms and conditions of this policy remain unchanged. • SCHEDULE Aggregate Limit: $100,000,000 Annual Additional Premium: $3,024 Premium Due Hereon: $3,024 Authorized Representative • Endorsement No. 1 • AAR 203(02-08) ; Page 3 of 3 01/27/20141 . • This Endorsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 Issued to City of Renton By ACE •roperty And Casualty Insurance Company AMENDMENT OF NOISE AND POLLUTION AND OTHER PERILS EXCLUSION This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENE �' L LIABILITY POLICY. Paragraph 1.A.(b) of the Pollution Endorsement AAP 273 (11-03) does not apply to pollution or contamination of"your product." • • Authorized Representative II Endorsement No. 2 AAP 204(11-03) 01/27/2014 1. II III This Endorsement effective ; January 1,2014 forms part of Policy Number AAP N02204289 006 Iss Iced to I City of Renton By ACE Property And Casualty Insurance Company 11 EXTENSION -SPECIFIC EXCESS AUTOMOBILE LIABILITY INSURANCE This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. The following coverage is added to the policy: COVERAGE F. SPECIFIC EXCESS AUTOMOBILE LIABILITY SCHEDULE Underlying Limits: $1,000,000 Limits of This Insurance: Each Occurrence Limit $50,000,000 Aggregate Limit: $50,000,000 This Aggregate Limit applies only if there is an aggregate limit in the Underlying Insurance. 1. INSURING AGREEMENT: You agree to maintain primary Automobile Liability insurance ("Underlying Insurance") with at least the Underlying Limits shown in the SCHEDULE above ("Schedule"). In consideration of which: a. We will pay the''insured for the "ultimate net loss" in excess of the Underlying, Limits, that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage"to which this insurance applies. b! This insurance only applies to"bodily injury"or"property damage"which: (1) is caused by an "occurrence"that takes place in the"coverage territory"; and (2) occurs during the policy period; and (3) is covered by the Underlying Insurance; and li (4) arises out of your"airport operations". c. This insurance shall drop down only as set forth in paragraph 4.b. below and not for any other reason, including, but not limited to, the insured's inability to: (1) collect(in Whole or part) any Underlying Insurance; or (2) pay, in full,,any retention or deductible. The insured retains all risk for any amounts not paid by this insurance because of this i ICI paragraph c. Endorsement No. 3 AAP 211 03-09)( Page 1 of 4 01/27/2014 • • This End rsement effective January 1,2014 forms pa of Policy Number MP N02204289 006 Issued to City of Renton By ACE 'operty And Casualty Insurance Company d. With respect to any"occurrence"covered by the Underlying Insurance,we shall: (1) not assume charge of the investigation, settlement or defense of any "suit" brought against the insured, except when we drop down under paragraph 4.b. below; (2) have the right, and be given the opportunity, to be effectively associated: A. in the defense and trial of any "suit" relating to any "occurrence" which, in our opinion, may create liability on our part; B. with the insured in the investigation, settlement or defense of any claim, even if the Underlying Limits,have not been exhausted. 2. E I CLUSIONS: a. The Common Coverage Exclusions (Section II) and the exclusions contained in the Underlying Insurance apply to this insurance. The Common Coverage Exclusions shall take precedence over the exclusions contained in the Underlying Insurance. 3. A ACHMENT OF LIABILITY AND LIMITS OF LIABILITY: a We will pay for any covered"ultimate net loss"only after: (1) the Underlying Insurance has paid its full Underlying Limits, and (2) the insured has paid any uninsured retention due under the primary Underlying Insurance. b The most we willpayfor one"occurrence" under Coverage F. regardless of the number,of: 9 9 (1) Insureds, (2) Claims made or"suits" brought, or ' (3) Persons or organizations making claims or bringing "suits", is the covered "ultimate net loss" in excess of the Underlying Limits, up to ithe Each Occurrence Limit shown in the Schedule. c , The most we will pay for all covered, "ultimate net loss" under Coverage F. during the policy period is the Aggregate Limit shown in the Schedule. d , The Each Occurrence Limit shown in the Schedule is included within, and is not in addition to, the Each Occurrence Limit shown in the Declarations. 4. •ONDITIONS: a The conditions of the Underlying Insurance in effect prior to an "occurrence" for which a claim is made under this policy apply to this insurance, except for: Endorse ent No. 3 AAP 211 j(03-09) Page 2 of 4 01/27/2014 li I h , ' I Ii1 I I ThiS Endorsement effective January 1,2014 forms part of Policy Number AAP N02204289 006 Issyed to I City of Renton By ACE Property And Casualty Insurance Company (1) the premium; and (2) our obligation to investigate; and (3) the renewal agreement(if any): and (4) the limits of insurance. b The Underlying Insurance shall be maintained in full effect during the policy period, but: (1) If the aggregate limit for the Underlying Insurance is reduced or exhausted because of payment of covered claims, this policy will apply: A. in excess of the reduced aggregate limit, or B. as Primary insurance if the aggregate limit is exhausted. (2) If you fail to do so , this policy shall only apply to the same extent as if you had 'I complied with this condition. c. If a claim arises;which appears likely to exceed the Underlying Limits, the insured must not lil incur any"costs"'without our consent. d "Costs" incurred'with our consent, which are not covered by the Underlying .Insurance, will be apportioned as follows: (1) If the claim' is settled before trial for an amount exceeding the Underlying Limits, we will pay the same ratio of the"costs" as we pay of the whole"ultimate net loss". (2) If the insured does not appeal a judgment which exceeds the Underlying Limits, we: I I A. may conduct such an appeal at our own expense including any associated court costsland interest, but I I B. shall not be obligated to continue such an appeal after the applicable Limits of This Insurance have been exhausted. e. Recoveries or payments recovered or received after a claim settlement under this policy will be applied as if; recovered or received before such settlement. All necessary adjustments between you and us. shall then be made �i11 it 5. DEFINITIONS: I The following definitions apply to this insurance in addition to the definitions contained in the Underlying Insurance and the definitions in SECTION VI - DEFINITIONS: a.l "Ultimate net loss" means the amount payable in settlement of the liability of;the insured after deducting: ' Endorsement No. 3 AAP1211 I(03-09) Page 3 of 4 o127/2o1a _ I II j li This End.rsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 Issued to City of Renton By ACE •roperty And Casualty Insurance Company (1) all recoveries, and (2) other valid and collectible insurance, except the Underlying Insurance, and (3) excluding all expenses and "costs". , b. "Costs" means: (1) interest accruing after entry of judgment, and (2) reasonable and necessary costs of: A. investigation, adjustment, and B. legal expense, but shall exclude all expenses for: C. salaried employees, and D. general retainer fees for counsel normally paid by the insured. c. "Airport operations", when used in this Coverage F, includes the: (1) ownership, maintenance, use; or (2) entrustment to others, of an "auto"while located anywhere in the"coverage territory". All othe terms and conditions remain unchanged. it Authorized Representative Endorse ent No. 3 AAP 21 ;(03-09) Page 4 of 4 D1/27/2014 • This Endorsement effective January 1,2014 forms part of Policy Number AAP N02204289 006 Issued to City of Renton By ACE Property And Casualty Insurance Company IMMUNITY WAIVER ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATOR GENERAL LIABILITY POLICY. We will not defend any "suit" seeking damages under Coverages A, B, D, or E on the basis that the insured)is not liable due to the performance of governmental functions, unless we are required by statute or are requested by you. u 1,1 ir I . I,, Authorized Representative • 11 Endorsement No. 4 AAP 220(11/99) 01/27/2014 ' I I I This Endorsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 Issued to City of Renton By ACE 'roperty And Casualty Insurance Company P AIRPORT LIMITED ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILI ' POLICY. 1. ( Item 1(c) of Who is an Insured on page 12 of the policy is amended to read: A public corporation, you are an insured. Your boards, commissions or agenciesland their elective or appointive officers or members thereof are also insureds, but only with respect to your"airport operations". ( Item 1(d) of Who is an Insured on page 13 of the policy is amended to read: An organization other than a partnership, joint venture or public corporation, you are an insured. Your subsidiary companies, corporations, firms, affiliates, organizations,' including joint ventures of the Named Insured in Item 1 of the Declarations which are owned,!financially controlled or under your management control are also insureds but only with respect to your "airport operations". Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds', but only with respect to their liability as stockholders. 2. ny reference in the policy to F.A.A. is amended to include its foreign equivalent. 3. he following is added to Condition 2-(Duties In The Event Of Occurrence, Claim or Suit.) e! Knowledge of an occurrence by your agent, servant or employee shall not constitute knowledge by you, unless an executive officer, partner, proprietor or an employed risk manager has received such notice. 4. 'ondition 6-(Representations) is amended to include: ,Your unintentional failure to disclose facts shall not be a basis for denial of any, coverage, 1 provided that it is corrected as soon as it is discovered by an executive officer, partner, proprietor or employed risk manager. Your inadvertent failure to submit reports or contracts or comply with other notices, except ll those required under Condition 2, shall not invalidate this insurance, provided it is corrected as soon as it is discovered by an executive officer, partner, proprietor or employed risk manager. 5. he Definition of"airport" is amended to read: ' irport" means the airport(s) designated in the declarations, and other airports owned or rented by 'ou, including ways and means immediately adjoining such airports. 6. he Definition of"airport operations" is amended to read: ' ';Airport operations" means the ownership, maintenance, use or provision of premises, services and acilities necessary or incidental to the operation of the"airport". Endors ment No. 5 AAP 234(11/99) Page 1 of 2 01/27/2014 1 1 This Endorsement effective ' January 1,2014 forms part of Policy Number AAP N02204289 006 Issued to City of Renton By ACE Property And Casualty Insurance Company AIRPORT LIMITED ENHANCED COVERAGE ENDORSEMENT(CONT'D.) 7. ' The Definition of"advertising injury" is amended to include: e. Infringement of trademark, service mark or trade name. 8. The Definition of"aircraft" is amended to read: "Aircraft" under Coverage D means any aircraft, including its parts, equipment and contents. 9. Item A.6. under Limits of Insurance is amended to read: 61� Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by ' you, arising out of any one fire. 10. Exclusion f of Section I of this policy (Aircraft, Auto or Watercraft) does not apply to watercraft less than 26 feet in length. 11. Exclusion a. of Section;I of this policy (Expected or Intended Injury) is amended to read: This Insurance does not apply to: a.! Expected or Intended Injury "Bodily injury" or"property damage"expected or intended from the standpoint of the insured. ! This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 12.p, Exclusion h. of Section) I of this policy (Air Meet, Contest, Exhibition) may be deleted, subject to 30 days prior notice to us, at terms to be agreed. , 13. 1 Item 2.b. (1) of Who Is An Insured is deleted. Authorized Representative Endorsement No. 5 AAP 234(11/99) Page 2 of 2 01/27/2014 I " This End'rsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 Issued to City of Renton By ACE 'roperty And Casualty Insurance Company NUCLEAR RISKS EXCLUSION CLAUSE It is un m erstood and agreed that the Radioactive Contamination exclusion under part C. of the I Common Coverao`e Exclusions(Section II) is deleted and replaced with the following: i I (1) T is Policy does not cover: (i loss of or destruction of or damage to any property whatsoever or any loss orl expense whatsoever resulting or arising therefrom or any consequential loss ' I (i) any legal liability of whatsoever nature d ectly or indirectly caused by or contributed to by or arising from: (-) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; (0) the radioactive properties of, or a combination of radioactive properties with toxic, explosive or other hazardous properties of, any other radioactive material in the course of carriage as cargo, including storage or handling incidental thereto; ( ) ionizing radiations or contamination by radioactive form, or the toxic, explosive or other hazardous properties of, any other radioactive source whatsoever. (2) I is understood and agreed that such radioactive material or other radioactive source in paragraph ( i)(b) and (c) above shall not include: (i depleted uranium and natural uranium in any form; (ii) radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, educational, or industrial purpose. (3) This Policy, however, does not cover loss of or destruction of or damage to any property or any onsequential loss or any legal liability of whatsoever nature with respect to which: (1 the Insured under this Policy is also an insured or an additional insured under I any other insurance policy, including any nuclear energy liability policy; or (i) any person or organization is required to maintain financial protection pursuant to, legislation in any country; or (hi) the Insured under this Policy is, or had this Policy not been issued would be, entitled to indemnification from any government or agency thereof. (4) oss, destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by -ason of paragraph (2) shall (subject to all other terms, conditions, limitations, warranties and xclusions of this Policy) be covered, provided that: Endors-ment No. 6 AAP 23 (11/99) Page 1 of 2 01/27/2014 I, I . 1 . III This Endorsement effective, I January 1,2014 " il forms part of Policy Number 1 AAP N02204289 006 Issued to 'City of Renton By ACE Property And Casualty Insurance Company I 11'1 NUCLEAR RISKS EXCLUSION CLAUSE (CONT'D.) (i) in the case of any claim in respect of radioactive material in the course of carriage as cargo, including storage or handling incidental thereto, such carriage shall in all 'respects• have complied with the full International Civil Aviation Organization "Technical Instructions for the Safe Transport of Dangerous Goods by•Air", unless the carriage shall have been subject to QI I any more restrictive legislation,when it shall in all respects have complied with such legislation; ' II (ii) this Policy shall only apply to an incident happening during the period 'of this•Policy and where any claim by the Insured against us or by any claimant against the Insured arising out of such incident shall have been made within three years after the date thereof; (iii) in the case of any claim for the loss of or destruction of or damage'to or loss of use of an aircraft caused by or contributed to by radioactive contamination, the level of such contamination shall have exceeded the maximum permissible level set out in the following •III scale: i , . Emitter Maximum permissible level of,non-fixed radioactive surface contamination (IAEA Health and Safety Regulations) (Averaged over 300 cm 2 ) 1 I I Beta, gamma and low toxicity Not exceeding 4 Bequerels/cm 2 alpha emitters (10 4 microcuries/cm 2 ) All other emitters Not exceeding 0.4 Bequerels/cm 2 (10-5 microcuries/cm 2 ) (iv) the cover afforded hereby may be cancelled by us at any time by giving seven days' notice of cancellation. I Authorized Representative , , , Endorsement No. 6 , AAP'237(11/99) Page 2 of 2 01/27/2014 1 11 This End rsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 Issued to City of Renton By ACE roperty And Casualty Insurance Company VOLUNTEERS ENDORSEMENT In consi eration of the premium at which this policy is written, it is understood and agreed that: 1. erever the word employee appears in this policy, the same is deemed to include the,insured's v 'lunteers. 2. Wherever reference.is made in this policy to the Insured's employment of an employee, ithe same shall be deemed to also refer\to the activities of the Insured's volunteers on behalf of the Insured. • Authorized Representative Endorse rent No. 7 AAP 24; (11/99) 01/27/2014 1 This Endorsement effective January 1,2014 forms part of Policy Number AAP N02204289 006 Issued to City of Renton By ACE Property And Casualty Insurance Company DATE RECOGNITION EXCLUSION CLAUSE This policy does not cover any claim, damage, injury, loss, cost, expense or liability (whether in contract, tort,, negligence, product liability, misrepresentation, fraud or otherwise) of any nature whatsoever arising frorn or occasioned by or in consequence of(whether directly or indirectly and whether wholly Or partly): (a)' the failure or inability, of any computer hardware, software, integrated circuit, chip or information technology equipment or system (whether in the possession of the Insured or of any third party) accurately or completely to process, exchange or transfer year, date or time data or information in connection with: -the change of year from 1999 to 2000; and/or -the change of date from 21 August 1999 to 22 August 1999; and/or -any other change of year, date or time; whether on or before or after such change of year, date or time; (b)i any implemented or ;attempted change or modification of any computer hardware, software, integrated circuit, chip', or information technology equipment or system (whether in the possession of the Insured or of any third party) in anticipation of or in response to any such change of year, date or, time, or any advice given or services performed in connection with any such change or , nn odification; (c) any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act, failure to act or decision of the Insured or of any third party related to any such change of year, date or time; and any provision in this policy concerning any duty of Insurers to investigate or defend claims shall not apply tO any claims so excluded. Authorized Representative Endorsement No. 8 AAP 256(11/99) 01/27/2014 1 This End °rsement effective January 1,2014 forms part of Policy Number AAP N02204289 006 Issued to City of Renton By ACE 'roperty And Casualty Insurance Company DATE RECOGNITION LIMITED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILI POLICY. In cons Oration of the premium at which this policy is written, it is understood and agreed that the Date Recogn tion Exclusion Endorsement - AAP 256 (11/99) shall not apply to any "bodily injury" or:"property damag-"coverage provided by this policy, subject to the following provisions: 1. T e term "property damage", as respects the insurance afforded by this endorsement, is redefined a follows: "'roperty damage" means physical injury to tangible property, including all resultant loss.of use of that property. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. 2. The insurance afforded by this endorsement shall not apply with respect to any coverage for which , this policy indicates the existence of underlying insurance. All other;terms and conditions remain unchanged. Authorized Representative Endorsement No. 9 AAP 255(03-08) 01/27/2014 This Endorsement effective January 1,2014 forms part of Policy Number 1AAP N02204289 006 Issded to, I City of Renton By ACE Property And Casualty Insurance Company PREMIUM AUDIT ENDORSEMENT It is agreed that the advance(premium shown under the Declarations is adjustable as follows: Products-Completed Operations: Gross Receipts Rate -Developed Classification policy period per$1,000 Premium New Aircraft Sales . If Any Included Included Us d Aircraft Sales If Any Included Included Repairs&Service, including parts installed If Any Included Included Aviation gas arid oil If Any Included Included Parts not installed If Any Included Included Earned(Premium Included Less Advance Premium _ Included Additional/(Return Premium) due Included ill J I � III Authorized Representative Endorsement No. 10 AAP 257'(11/99) 1, 01/27/201( 4 ' lil I it This Endorsement effective January 1,2014 forms pa ,of Policy Number AAP N02204289 006 - Issued to '1 City of Renton By ACE 'roperty And Casualty Insurance Company ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO INCLUDE COVERAGE FOR CERTIFIED ACTS OF TERRORISM; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This en•orsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILI POLICY. 1. N• exclusion of terrorism contained in this policy applies to a"certified act of terrorism". 2. In the event that: (a), aggregate insured loses certified under the federal Terrorism Risk Insurance Act i(hereafter TRIA) exceed$100 billion in a Program Year(January 1 through December 31); and 1 (b) our insurer deductible under TRIA is met, w�, are not liable for payment in relation to such losses that exceed $100 billion. In, such case insured losses up to that amount will be, pro-rated according to the procedures e tablished by the Secretary of the Treasury of the United States of America. 3. "I,,ertified act of terrorism" means an act certified by the Secretary of the Treasury, in concurrence w the (.) the Secretary of State; and (•) the Attorney General of the United States of America, to be an act of terrorism pursuant to TRIA. T e criteria for a"certified act of terrorism" include that the act: ' A I resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of ' insurance subject to TRIA; and B'I, is a violent act or an act that is dangerous to: (a) human life; or (b) property or infrastructure and is part of an effort to: (c) coerce the civilian population of the United States of America; or • (d), influence the policy or affect the conduct of the United States Government by coercion. 4. P emium: Premium as stated on Endorsement TRIA11 b (01-08), as attached to this policy. Authorized Representative Endorse ent No. 11 AAP 270'(02-08) Page 1 of 1 01/27/2014 1 1 it ' This Endorsement effective January 1,2014 fo ° s Part of Policy Number I AAP N02204289 006 Issbed to City of Renton By ACEIProperty And Casualty Insurance Company Id I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'I I, 1 DISCLOSURE PURSUANT TO TERRORISM.RISK INSURANCE ACT pl Disclosure of Premium In laccordance 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 or in the policy Declarations. Disclosure Of Federal Participation In Payment Of Terrorism 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 85% 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 $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount'of such losses that exceeds$100 billion. 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 (January 1 through December 31) 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 rare subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Terrorism Risk Insurance Act premium: $271 • , Authorized Representative I I • Endorsement No. 12 Includes copyrighted material of Insurance Services office,Inc.,with its permission TRIA1I1b (01-08) ov27/2014 I. 'll , l I i . • This End.irsement effective January 1,2014 forms pa of Policy Number AAP N02204289 006 c Issued to City of Renton By ACE ' operty And Casualty Insurance Company POLLUTION ENDORSEMENT 1. S-ction II, Common Coverage Exclusions, is amended by deleting exclusion A and inserting the f•Ilowing: Ai Noise and pollution and other perils. � I This Policy does not cover claims directly or indirectly, occasioned by, happening through, in consequence of: I (a) noise (whether audible to the human ear or not), vibration, sonic boom and any 1 phenomena associated therewith; (b) "Pollution" or contamination of any kind whatsoever; - - + (c) electrical or electromagnetic emission or interference of any kind whatsoever,; (d) interference with the use of property; (e) any direction, obligation, request, demand, order, or statutory or regulatory requirement, or any voluntary decision to do so, that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, protect against or in any other way respond to the actual, alleged or threatened presence of"Pollutants"or"Waste". unless caused by or resulting in a crash, fire, explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation. 2. "ection VI, Definitions, is amended by as follows: , Definition 6, the definition of"bodily injury", shall be amended by adding the following: "Bodily injury" also means fear of bodily injury, sickness, disease, fright or mental anguish. • The following definitions are added: ' "Pollution" means the mere presence of "Pollutants" in any form, as well as the actual, alleged or threatened discharge, dispersal, release, escape, seepage, migration or disposal of"Pollutants" in any form. "Pollutants" include, without limitation, solid, liquid, gaseous or thermal irritants, any air emission, contaminant, smoke, vapor, soot, fume, acid, alkali, chemical, "waste", or any material alleged to be a possible or probable carcinogenic, odor, waste water, oil or other petroleum product, infectious. or medical waste, asbestos or asbestos product, fungus (including mold or mildew or any mycotoxin, spore, scent or byproduct produced or released by fungi, other than any fungi intended by the insured for consumption.) "Waste" includes materials to be recycled, reconditioned or reclaimed, whether or not the material has been disposed of by you or any person handling the waste. All oth-r terms and conditions of this Policy remain unchanged. Authorized Representative Endors Ilment No. 13 AAP 2 3 (11-03) Page 1 of 1 01/27/2014 • This Endorsement effective January 1,2014 forms part of Policy Number AAP N02204289 006 Issued to City of Renton ByiACE,Property And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED TERRORISM COVERAGE ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. 1. Any terrorism exclusion in this policy shall not apply to an "act of terrorism"which: (a) results in losses no greater than $5,000,000 in the aggregate, attributable to all types of insurance; and (b) is not otherwise excluded by this policy. 2. Additional definition "Act of terrorism" means an act that is: 1.1 (a) dangerous to human life; or (b) property; or' , (c) infrastructure 2. committed by an individual or individuals, and 3. seen as part of an effort to: (a) coerce a civilian population; or • (b) influence the policy or affect the conduct of any government by coercion. f Multiple"acts of terrorism"which: (a) occur in a seventy-two hour period; and which appear to: (b) be carried out in concert; or • (c) have a related purpose; or (d) have common leadership shall be deemed one",act of terrorism". All other terms and conditions of this policy remain unchanged. Authorized Representative Endorsement No. 14 AAP 275 (02-08) Page 1 of 1 01/27/2014 it This Endorsement effective' January 1,2014 forms pa lof Policy Number AAP N02204289 006 Issued to City of Renton • By ACE •roperty And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA AND SILICA-RELATED DUST EXCLUSION It is'agr led that: � I 1. S CTION I - COVERAGES is amended at COVERAGE A. BODILY INJURY AND PROPERTY D MACE LIABILITY, subsection 2. Exclusions by adding the following new exclusion: D st or Particulate Matter This insurance does not apply to: (' "Bodily injury" arising out of, resulting from, or in any way related to, in whole or in part, the 1 respiration, inspiration, inhalation or breathing in of dust or particulate matter! Dust or particulate matter may include, but is not limited to: dust, particulate matter, inspirable dust, respirable dust, smoke, mist, dirt, fibers, grit, soot, salt, acids, bases, metals,, aerosols, d crystals, minerals, sand, silicates, or silica.; or ( ) Any loss, -cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, such' dust or particulate matter, by any insured or by any other person or entity; unless caused by or resulting in a crash, fire, explosion or collision or recorded in-flight emergency causing abnormal aircraft operation. 2. he addition of this endorsement does not imply that other policy provisions, including but not I mited to any pollution exclusion or asbestos exclusion, do not also exclude coverage for dust or 'articulate matter related injury, damage, expense, cost, loss, liability, or legal obligation. , II All oth 1r terms and conditions remain unchanged. Authorized Representative 1 , Endors-ment No. 15 • AAP 2'7 (01-06) Page 1 of 1 01/27/2014 III , • ui I This Endorsement effective January 1,2014 forribs part of Policy Number_ I AAP N02204289 006 Issued to i City of Renton By'ACE Property And Casualty Insurance Company III NON AIRPORT OPERATIONS COVERAGE EXTENSION ENDORSEMENT 11 This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. III 1 1. r It is agreed that Section VI, Definitions, is amended to add a definition of "Non-Airport Operations," II I ,as follows: II, Non-Airport Operations" means the ownership, maintenance, use or provision of premises, services and facilities by the Insured that are not necessary to the operation of the"airport." 2. III Solely with respect to "Non- Airport Operations", it is agreed that Section I, Coverages, Coverage • PI Part E, Non-Owned Aircraft Liability, Sub-Part 1(b)(3)(d), is deleted in its entirety and replaced by the new Sub-Parts 1(b)(3)(d)-(f), as follows: d The aircraft does not have a total seating capacity, including crew, in excess of Twenty(20) seats; e.i The "bodily injury" or "property damage" is not caused by or does not result from or arise out of"Malpractice". III P'I f. The"bodily injunp is not caused by or does not result from or arise out of: III II (i) The rendering, or failure to render, any professional medical services by the Insured; (ii) The transportation of any material of human or animal origin, medications or equipment destined for;use in medical treatment; III (iii) The aggravation of any existing medical condition III (iv) The transportation of any sick persons, injured persons, or cadavers. 3. ,i It is agreed that the definition of "property damage" in Section VI, Definitions, shall be amended to add a new sub-part"c", as follows: c. I Physical damage to or destruction of a cadaver. 4. II It is agreed that the Section III, Who Is An Insured, Sub-Part 1(c), is amended to read as follows, but pi only as respects insurance under Coverage E (Non-Owned Aircraft Liability): III c. A public corporation, you are an insured. Your elective or appointed officers or members of 11, any board or commission or agency of yours are also insureds, but only for acts within the scope of duties as members of your boards, commissions or agencies. II 1 5. III It is agreed that Section (III, Who Is An Insured, Sub-Part 2(a), is amended to read as follows, but only 11 as respects insurance under Coverage E (Non-Owned Aircraft Liability): �d I III a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you. ' All other terms and conditions of this policy remain unchanged. Endorsement No. 16 Authorized Representative V' AAP 2,85 (06-06) Page 1 of 1 01/27/2014 111 • • This Endorsement effective January 1,2014 forms pa ;of Policy Number AAP N02204289 006 Issued to City of Renton By ACE •roperty And Casualty Insurance Company TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This e dorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENE-AL LIABILITY POLICY. This in urance does not apply to the extent that trade Lor economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. All oth=r terms and conditions of the policy remain unchanged. II � Authorized Representative Endor ement No. 17 ALL-2 101 (11-06) Page 1 of 1 01/27/2014 III Id I 111 . Th's Endorsement effective 1 January 1,2014 • forms part of Policy Number 1 MP N02204289 006 Issiued to 1 City of Renton • ByACEIProperty And Casualty Insurance Company p THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. II i i INFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK OR TRADE SECRET Ili EXCLUSION ENDORSEMENT , Thus Endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. I III I I - It isl agreed that: III 1. 11' The following definition'is added to SECTION VI -DEFINITIONS: 10 "Advertisement" means a notice that is broadcast or published to the general public or specific 11I market segments about your goods, products or services for the purpose of attracting customers III or supporters. For the purposes of this definition: III Id a I Notices that are', published include material placed on the Internet or on similar electronic I means of communication; and 11 b.I ,Regarding web-sites, only that part of a web-site that is about your goods, products or . Ir 1 services for the purposes of attracting customers. or supporters is considered an I, 1 .advertisement. , 2. ill TI e following exclusion is added to SECTION I - COVERAGES, COVERAGE B. PERSONAL AND 111 ADVERTISING INJURY LIABILITY, 2. Exclusions: This, insurance does not apply to "personal and advertising injury" arising out of the infringement 11, of copyright, patent, trademark, trade secret or other intellectual property rights., •Under this ill exclusion, such other intellectual property rights do not include the use of another's advertising 1 idea in your"advertisement". II' However, this exclusion does not apply to infringement, in your "advertisement", of copyright, IIII trade dress or slogan. ' " II All o�ther'Iterms and conditions remain unchanged. 11 , 1,, II • II , III , III I1, , Authorized Representative I, 11. — I Endorsement No. 18 AAP 3p6(03-08) Page 1 of 1 01/27/2014, Idt 1 This Ends sement effective January 1,2014 forms pa llof Policy Number AAP N02204289 006 Issued to City of Renton By ACE •roperty And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. AMENDMENT TO SUPPLEMENTARY PAYMENTS(COURT COSTS) ENDORSEMENTI This E dorsement modifies insurance provided under AIRPORT OWNERS.AND OPERATORS GENERAL LIABILI POLICY. It is ag eed that SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E s amended by deleting subsection 5. and replacing it with the following: - 5 -all court costs taxed against the insured. . I All oth=r terms and conditions remain unchanged. I � Authorized Representative , Endor ement No. 19 AAP 307(03-08) Page 1 of 1 01/27/2014 Ali I t I I I ' Th's Endorsement effective , January 1,2014 forms part of Policy Number I AAP N02204289 006 Issued to ' City of Renton By ACE Property And Casualty Insurance Company WASHINGTON CHANGES -CANCELLATION AND NONRENEWAL + This endorsement modifies 1 insurance provided under' AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. CANCELLATION I • 1 1. The first Named Insuredlshown in the Declarations may cancel this policy by mailing or delivering Ito us advance written notice of cancellation. I 2. We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last Mailing address known to us, at least: + a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium'; or I�. 45 days before the effective date of cancellation if we cancel for any other reason. • i I 3. We will also mail or deliver to any mortgage holder, pledgee or other person shown in this policy to have an I interest in any loss which may occur under this policy, at their last mailing address known to us; written notice of cancellation, prior'to the effective date of cancellation. This notice will be the same as that mailed or delivered to the first Named Insured. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. a. If this policy is cancelled,we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata.. b. If the first named insured,cancels,the refund will be at least 90% of the pro rata refund. I . If: (1) You are an lindividual; and 1 I (2). The first Named Insured cancels, the refund will be not less than 90% of any unearned portion not exceeding $100, plus 95% of any unearned portion Dover$100 but not exceeding $500, and not less than 97% of any unearned portion in , excess of$500. d. The cancellation will be effective even if we have not made or offered a refund. 6. II notice is mailed, proof of mailing will be sufficient proof of notice. I NONRENEWAL 1. We may elect not to renew this policy by mailing or delivering written notice of nonrenewal, stating the ,' reasons for nonrenewall, to the first Named Insured and the!first Named Insured's agent or broker, at their last mailing address known to us. We will also mail to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing, II address known to us, written notice of nonrenewal. We will mail or deliver these notices at(least 45 days . before the: a. Expiration of the policy; or II b. Anniversarydate of this policyif this policyhas been written for a term of more than one year. Y Otherwise,we will renew this policy unless: III a. The first Named Insured fails topaythe renewalpremium after we have'expressed our'willingness to P 9 l , renew, including a statement of the renewal premium, to the first Named Insured and the first Named Insured's insurance agent or broker, at least 20 days before the expiration date; or II !b. Other coverage acceptable to the insured has been procured prior to the expiration date of the,policy. Endorsement No. 20 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 Copyright,Insurance Services Office,Inc.1998 Aotk 0 WA(11/99) • • This End rsement effective January 1,2014 • forms pa t of Policy Number AAP N02204289 006 Issued to i City of Renton By ACE roperty And Casualty Insurance Company WASHINGTON CHANGES This a dorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILI POLICY. A. Elusion e. of coverage A - Bodily Injuryand Property YDama Damage Liability (Section I - Coverages) applies o l,y applies only to "bodily injury" to any "employee" of the insured whose employment is not subject to th . Industrial Insurance Act of Washington (Washington Revised Code Title 51). th respect to "bodily injury" to "employees" of the insured whose employment is subject to the Industrial in urance Act of Washington, Exclusion e. is replaced with the following: T is insurance does not apply to: ii 1. p Bodily injury"to an"employee"of the insured arising out of and in the course of: a. Employment by the insured; or b. Performing duties related to the conduct of the insured's business; or 2. Any obligation to share damages with or repay someone else who must pay damages because of the injury. T is exclusion does not apply to liability assumed by the insured under an"insured contract". B. P-ragraph 2.b.(1) of Section III - Who Is An Insured applies only to "employees" of the insured whose e Ii''ployment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51 . With respect to "employees" of the insured whose employment is subject to the Industrial 1 Insurance A•t of Washington, Paragraphs 2.a. and 2.b of Section III-Who Is An Insured are replaced with the following: 2. Each of the following is also an insured: a. Your employees, other than your executive officers, but only for acts,within the scope of their employment by you with respect to your"airport operations". b. If you are designated in the Declarations as a public corporation, employees of your boards, commissions or agencies, other than executive officers, but only for acts within the scope of their employment by those boards, commissions or agencies with respect to your "airport I�p operations". However, no employee of yours or your boards, commissions or agencies is an insured for: 7 (1) "Bodily injury" or"personal injury" to you or to a co-employee while in the course of his or her employment, or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily Injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3). "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). Endorse ent No. 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 Copyright,Insurance Services Office,Inc.1998 9001-WA 11/99) • Ct PRO-Managing General Agents,Inc. 1600 Wet Street Fort Worth,TX 76102 Tel: 1-800-336-1338 GREArAll4EiICAN IMSURANEE COMPANIES POLLUTION LIABILITY POLICY DECLARATIONS NAMED INSURED AND MAILING ADDRESS Policy No. BTA 9988784-01 City of Renton WA 1.055 S Grady Way • Renton,WA 98057 Policy Term: I From: 1/1/2014 To: 1/1/2015 • 12:01 A.M. Standard Time at the mailing address of the Named Insured as stated herein. Insurance is afforded by: GREAT AMERICAN E&S INSURANCE COMPANY Retroactive Date: See Schedule of Insured Sites This insurance does not apply to any environmental incident that commences prior to the Retroactive Date stated herein. Storage Tank Premium: • $1338 . Limits of Insurance: $1000000 Per environmental incident $1000000 Per annual aggregate Limits of Defense: '$500000 Per environmental incident • Deductible Amount: 1$2500 1 Optional Coverage: Premium: Limits by Location: $75 1,Repair&Replace: $419 Optional Coverage Premium: $494 ' Policy Fee: , $125 Total Premium Due: I $1957 ADDRESS OF INSURED SITE(S): See Schedule of Insured Sites ENDORSEMENTS ATTACKED TO THIS POLICY AT INCEPTION AND FORMING A PART THEREOF: GM 9001;GAI 6013;GAT 9033;GAI 9207;GM 9002;GM 9032;GAI 9085;GAC 9012;GM 9026;GM 9303;E092WA-0904; PRODUCER: Grifllin Underwriting Services P.O.Box 3867 Bellevue,WA 98009 Authorized Representative • • PRO-Managing General Agents,Inc. 1600 West 7th Street Fort Worth,TX 76102 �� Tel: 1-800-336-1338 REINSURANCE COMPANIES • FORMS AND ENDORSEMENTS SCHEDULE It s hereby understood and agreed the following forms and endorsements are attached to and are a part of this p.}icy. Form and Edition ST Date Added* Form Description or Date Deleted GAI 9033 07/02 WA Sched of Sites GAI 9207 02/05 WA Known Contamination GAI 9002 12/98 WA Policy Form GAI 9001 WA Dec Page WA GAI 9032 02/03 WA Code Descriptions b , GAI 9085 01/02 WA Cert of Ins.WA GAC 9012 01/92 WA GAC LOI GAI 9026 02/03 WA Duties/Environmental incident GAI 9303 04/11 WA UST Repair&Replacement E092WA 0904 WA Washington Changes GAI o 013(Ed 06/97)PRO (Page 1 of 1) it i SCHEDULE OF DESIGNATED SITES Policy Number: 9988784-01 • Site 27542719 ; Deductible $2500 3555 NE 2nd St Renton,WA 98055 Retroactive Date 1/1/2011 Additional Insured(s): None Tank# Tank Construction Capacity Tank Leak Line Line Leak Detect. , Detect. Constr. Tank Year Installed Contents Spill/Overfill Year Pump Type Type Containmentp Installed 1 FRP ' 12000 SIR DWFRP None UST 1983 Gasoline Y 1983 Suction (Unleaded) 2 FRP 12000 SIR DWFRP None ' UST 1983 Diesel Y 1983 Suction 1Site 64293294, Deductible $2500 4000 Maple Valley Hwy Renton,WA 98055 Retroactive Date 1/1/2011 Additional Insured(s): None Tank# Tank Construction Capacity Tank Leak Line Line Leak Detect. Detect. Constr., Tank Year Installed Contents Spill/Overfill Year Pump Type Type Containment Installed 1 DWFRP 550 SIR DWI-RP None UST 1991 Gasoline Y 1991 Suction (Unleaded) • • GAI 9033(ed 07/02) Page 1 of 1 , i _ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWN CONTAMINATION EXCLUSION T is endorsement modifies insurance provided under the following: POLLUTION LIABILITY COVERAGE FORM In consideration of the terms and conditions of this policy, it is agreed that this insurance d«es not apply to "Bodily Injury", "Property Damage" or"Clean-Up Costs" due to c•intamination known or suspected or as identified on any federal, state or local e iironmental agency list as a confirmed or suspected contaminated site. All other terms, conditions and exclusions shall remain the same. GAl 207(Ed. 02/05)XS • I • 1 I I . THISISA CLAIMS MADE POLICY POLLUTION LIABILITY COVERAGE FORM (DESIGNATED SITES) Various,provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words you and your refer to the Named Insured shown in the Declarations. The words we,us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION III-WHO IS AN INSURED. Other words and. phrases that appear in quotations have special meaning. Refer to SECTION X- DEFINITIONS. SECTION I-POLLUTION LIABILITY COVERAGE 1. Insuring Agreement—"Bodily Injury"and"Property Damage"Liability a. We will pay those sums that the Insured becomes legally obligated to pay as compensatory damages because of"bodily injury"or"property damage"to which this insurance applies. The amount we will pay for damages is limited as described in SECTION IV- LIMITS OF INSURANCE. 'b. This insurance applies only to "bodily injury" and "property damage" caused by an "environmental incident" that commences on or after the Retroactive Date shown in the Declarations if: (i) the "environmental incident" is from an "underground storage tank" at an "insured,site"; and (ii) the insured's responsibility to pay damages because of "bodily injury" or "property damage"is determined in a"claim"or"suit"on the merits in the"coverage territory"or in a settlement we agree to. c. This insurance applies to "bodily Injury" and "property damage" caused by an "environmental incident" only if a "claim" or "suit" for damages because of the "bodily Injury" or "property damage"is first made in writing to us during the"Policy Span." (i) A "claim" or "suit" by a person or organization seeking damages will be deemed to have been made,when written notice of such"claim"or"suit"is received by us. (ii) All "claims" or"suits" made during the "Policy Span," for damages because of'"bodily injury" to all persons or organizations, including multiple damages claimed by any one person or organization for care, loss of services or death as a result of an "environmental incident,"will be deemed to have been made on the day that"environmental incident"was "declared." (iii) All "claims" ors"suits" made during the."Policy Span,"for damages because of "property damage" causing loss to all persons or organizations as a result of an "environmental incident,"will be deemed to have been made on the day that"environmental incident"was "declared." : GAI 9002 (Ed. 12/98)XS Page 1 of 12 . � I 2. Insuring suring Agreement—Government Mandated"Clean-up Costs"Liability We will pay those sums that the Insured becomes legally obligated to pay as"clean-up costs"to which this insurance applies. The amount we will pay for such "clean-up costs" is limited as described In SECTION V-LIMITS OF INSURANCE. • This insurance applies to "clean-up costs" caused by an "environmental incident" that commences on or after the Retroactive Date shown in the Declarations and is "declared" during the "Policy Span."The"environmental Incident"must be from an "underground storage tank" at an "insured site" in the "coverage territory." The "environmental incident" must be reported to us in writing during the"Policy Span." (1) All "clean-up costs" asserted against you as a result of an "environmental incident"which was"declared"during the"Policy Span"will be deemed to have been made on the day that "environmental Incident"was"declared." (2) The insured's obligation to pay"clean-up costs"must be asserted by the government of the ' United States of America, Canada or any political subdivision of the United States or Canada 3. !Turing Agreement—Defense Vide have the right and duty and we will pay the costs to investigate, contest, defend or appeal "bodily injury," "property damage". and government mandated "clean-up costs" to which this in urance applies. The amount we will pay is limited as described in SECTION V - LIMIT OF D FENSE. SECTI ° N II-EXCLUSIONS This in urance does not apply to: 1. A "environmental Incident" that commences prior to the Retroactive Date shown in the D �'clarations. 2. A fG"environmental Incident"as a result of any spill or overflow that occurs during the "loading"or "u 1 loading"of an "underground storage tank" unless reported to us within 72 hours of the spill or ov rflow. 3. A `environmental Incident"expected or intended from the standpoint of the Insured. 4. An obligation of the Insured under a workers' compensation, disability benefits or unemployment co pensation law or any similar law. 5. An `environmental Incident"based upon or attributable to any criminal acts by an Insured. 6. "B I'dily injury"to: a. an employee of the Insured arising out of and in the course of employment by the Insured; or b. 'the spouse,child,parent,brother or sister of that employee as a consequence of a. above. Thi ' exclusion applies: a. (whether the Insured may be liable as an employer or in any other capacity; and GAI 9002(Ed. 12/98)XS Page 2 of 12 I j , b. to any obligation toj share damages with or repay someone else who must pay damages ;'because of the in jury. IF 7. "Property damage"to a"waste facility." 8. "Bodily injury"or"property damage"resulting from pollutants emanating from a`waste facility." IF 9 "Clean-up coats" or any other expense incurred by you or others to test for, monitor, clean-up, remove,contain,treat,detoxify or neutralize pollutants on or emanating from a"waste facility"or to 11 any recovery claimed for such cost or expense. i 10.;i"Bodily injury,""property damage"or"clean-up costs"arising out of the transportation of polluted ' soil or property from an"Insured site." ' 11.11 "Property damage" to property you own, rent or occupy other than that identified in Section I, ,; Insuring Agreement 2,Government Mandated"Clean-Up Costs"Liability. 12. "Property damage"to personal property in your care,custody or control. 13.; An, "environmental Incident" arising out of the ownership, maintenance, use or entrustment to others of any aircraft,. "auto," mobile equipment, rolling stock or watercraft. Use includes I' operation. 14a An"environmental incident"from anything other than an"underground storage tank." 15:1 Costs and expenses of testing,monitoring and determining the source and extent of contamination, except as a consequence_of an"environmental incident." 16. "Bodily Injury,""property damage"or"clean-up costs"as a result of an"environmental incident"for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement 17. Punitive,exemplary ortIreble damages. 181 Federal,state or local fines and penalties. 18. Costs to repair, replace or remove an"underground storage tank." 20. The cost of removing, replacing or recycling the contents of an"underground storage tank.", 21. Any "claim" or"suit" asserted against an Insured by any person or organization who or which is also an Insured. 22. "Bodily.injury." "property damage" or"clean-up costs" arising out of an "environmental incident" from an"underground storage tank"which was: a; sealed off, closed, abandoned or removed from use or alienated prior to the Retroactive Date shown in the Declarations of this Policy; or b. sealed off, closed! or removed from use under the authority of any statute, ordinance or governmental regulation or directive prior to the Retroactive Date shown in the Declarations of this Policy. I , GAI 9002 (Ed. 12/98)XS i Page 3 of 12 • ir I, SECTION III-WHO IS AN INSURED 1. If you are designated in the Declarations as: - An individual,you or your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. b A partnership or joint venture, you are `an Insured. Your members, your partners and their spouses are also Insureds,but only with respect to the conduct of your business. c An organization other than a partnership or joint venture, you are an Insured. Your executive officers and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are 'also Insureds, but only with respect to their liability as stockholders. 2. E-ch of the following is also an Insured: a. Your employees, other than your executive officers, but only for acts within the scope iof their employment by you. However, none of these employees is an insured for. (1) "Bodily injury"to you or to a co-employee while in the course of his or her employment (2) "Property damage"to property owned or occupied by or rented or loaned to that employee, ' , any of your other employees or any of your partners or members (if you are a partnership or joint venture). b. Any person or organization having proper temporary custody of your property if you die, but only: ' (1) with respect to liability arising out of the maintenance or use of that property; and (2) until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy. 3. No,person or organization is an Insured with respect to the conduct of any current or past pa ership or joint venture that is not shown as a Named Insured in the Declarations. SECTIO IV= LIMITS OF INSURANCE The rule below set the most we will pay regardless of the number of: 1. Ins'reds; 2. "cl ims"made or"suits"brought; 3. persons or organizations making"claims"or bringing"suits"; or 4. governmental actions taken with respect to"clean-up costs." The LIMITS OF INSURANCE shown in the Declarations of the Policy in effect when the "environmental inciden 'was"declared"are the most we will pay for the sum of all"clean-up costs,""claims"and"suits" GAI 9002 (Ed. 112/98)XS Page 4 of 12 because of that"environmental incident."The per"Environmental Incident" Limit less the DEDUCTIBLE AMOUNT is the most we will pay for the sum of all "clean-up costs," "claims" and "suits" from one "environmental incident"which is"declared"during the Policy Term of that Policy. Subject to the per"Environmental Incident"Limit,the Annual Aggregate Limit is the most we will pay for the sum of all"clean-up costs,""claims"and"suits"from all"environmental incidents""declared"during the Policy Term of that Policy. In addition to the LIMITS OF INSURANCE,we will pay: 1. all prejudgment interest awarded against the Insured on that part of a judgment we pay. If we make an offer to pay the LIMITS OF INSURANCE,we will not pay any prejudgment interest based on that period of time after the offer,and 2. all interest on the full amount of a judgment that occurs after entry of the judgment and before we have paid,offered to pay or deposited in court that part of the judgment that is within the LIMITS OF INSURANCE. The limits of this Policy apply separately to each consecutive annual term and to any remaining term of less than 12 months,starting with the beginning of the Policy Term shown in the Declarations, unless the Policy Term is extended after issuance for an additional term of less than 12 months. In that case, the additional term will be deemed part of the last preceding term for purposes of determining the LIMITS OF INSURANCE. SECTION V-LIMIT OF DEFENSE The per"Environmental Incident" Limit, as shown in the Declarations of the Policy in effect when the "environmental incident"was "declared," less the DEDUCTIBLE AMOUNT is the most we will pay for all costs to investigate, contest, defend or appeal "claims" or "suits" from one "environmental incident" "declared"during the Policy Term of that Policy. As part of the LIMIT OF DEFENSE,we will pay: 1. all expenses we incur which are attributable to a`claim"or"suit'; 2. the cost of bonds to release attachments, but only for bond amounts within the LIMITS OF INSURANCE;we do not'have to furnish these bonds; 3. all reasonable expenses incurred by the Insured, at our request,to assist us in the investigation or defense of the"claim"or"suit,"including actual loss of earnings, up to$100 a day, because of time off from work; and 4. all costs taxed against the Insured in a covered"suit." If our payments exceed the LIMIT OF DEFENSE,we will continue to pay these costs and we will bill you for costs paid in excess of the LIMIT OF DEFENSE. We will pay only the costs to investigate, contest, defend or appeal"claims"or"suits"when each of the following conditions are met 1. the"claim"or"suit"is a covered"claim"or"suit"in accordance with Section I,Items 1 and/or 2 and 2. the LIMITS OF INSURANCE for such coverage in Section I, Items 1 and/or 2 have not been exhausted by the payment of"claims"or"suits." Our duty to defend ends when we have paid the applicable LIMITS OF INSURANCE. SECTION VI- DEDUCTIBLE AMOUNT GAI 9002 (Ed. 12/98)XS Page 5 of 12 The DEDUCTIBLE AMOUNT shown in the Declarations of the Policy in effect when the"environmental Incid t" was"declared" is the most you will pay for the sum of all"clean-up costs,""claims"or "sir' II and for all costs to investigate, contest, defend or appeal "claims" or "suits" because of that "envi nmental incident."The per"Environmental Incident"Limit less the DEDUCTIBLE AMOUNT is the most ° e will pay for all "clean-up costs," "claims" and "suits" from one "environmental Incident" "decI ed"during the Policy Term of that Policy. Our o ligation to pay sums for "clean-up costs," "claims," "suits" and defense costs includes the DEDUTIBLE AMOUNT shown in the Declarations. The per"Environmental Incident"Amount is the most you will pay as the DEDUCTIBLE AMOUNT for all "claims," "suits," "clean-up costs" and defense from one"environmental Incident." We will pay all of, or any part of, the DEDUCTIBLE AMOUNT necessary to settle "claims,""suits," pay "clean lit p costs"and/or provide defense. We will notify you of the action we take and you will promptlyreimb irse us for the amount we have paid. If we must incur any expenses to recover the DEDUCTIBLE AMOU Twe have paid,you will also reimburse us for those expenses. The An:1 ual Aggregate Limit listed in the Declarations is reduced by the amount we pay to settle or otherw se resolve a"claim"or"suit"with respect to an"environmental incident."The Annual Aggre me Limit will be replenished when and to the extent we are reimbursed for any DEDUCTIBLE - AMOUNT we have paid. SECT1 N VII-CONDITIONS - A. R presentations and Warranties B laccepting this Policy,you warrant 1. the statements in the Declarations and the Underground Tank Data Sheet(s)are accurate,true and complete; 2. the statements in the Declarations are based on representations you made to us; 3. as of the date you signed the Pollution Liability Application, you have disclosed to us all "environmental incidents";and 4. we have issued this Policy in reliance upon your representations. B. Changes Thi Policy contains all agreements between you and us concerning the insurance afforded. The fi Named Insured shown in the Declarations is authorized to make changes in the terms 'of this Policy with our consent.The terms of this Policy can be amended or waived only by an endorsement issued by us and made a part of this Policy. C. Transfer Of Your Rights And Duties I. Yo Le rights and duties under this Policy may not be transferred without our written consent except in t e case of death of an individual Named Insured. If y u die, your rights and duties will be transferred to your legal representative, but only while ac rg within the scope of duties as your legal representative. Until your legal representative is ap ointed, anyone having proper temporary custody of your property will have your rights and GAI 9002(Ed. 12/98)XS Page 6 of 12 i I 11 i I duties,but only with respect to that property. D. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this Policy. E. I Advance Policy Premium li i The Advance Policy Premium for this Policy is the premium shown in the Declarations. The first Named Insured;shown in the Declarations is responsible for the payment of all premium. ! F. II Examination Of Your Books And Records We may examine and audit your books and records as they relate to this Policy at any time during the Policy Term and up to three years afterward. ' 11 G. Inspections '' We may require you to have any"insured site"inspected by an inspection service acceptable to us. I You must pay the cost;of the inspection. You must also provide us with a copy of the inspection report. Any inspections,surveys,reports or recommendations relate only to insurability and the premiums '' to'be charged. We do not make safety inspections. We do not perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: 'I (1) are safe or healthful; or (2) comply with laws,regulations,codes or standards. This condition applies' not only to us, but also to any rating advisory, rate service or similar ! organization which makes insurance inspections,surveys,reports or recommendations. ' I-I,, Other insurance I This insurance is excess of all other insurance, except insurance which is specifically issued to be excess of this Policy. i I. State Trust Funds, Programs and Plans In the event any Insured recovers from any government fund available to you or others!for any "Claim," "suit" or"clean-up costs"covered under this Policy, we shall be entitled to recover from the Insured the portion of recovery that is equal to the amount of such"claim,""suit"'or"clean-up costs,"paid by us in excess of any DEDUCTIBLE AMOUNT paid by the Insured. J. Separation Of Insureds! 11 Except with respect to LIMITS OF INSURANCE, LIMIT OF DEFENSE, DEDUCTIBLE AMOUNT and any rights or duties specifically assigned to the first Named Insured,this insurance applies: II GAI 9002(Ed; 12/98)XS Page 7 of 12 I I , . as if each Named Insured were the only Named Insured;and 2 separately to each insured against whom"claims"or"suits"are made,subject to Exclusion 21. K. '` ties In The Event Of An"Environmental Incident,""Claim"or"Suit" 1 You must see to it that we are notified immediately of an "environmental incident."Notice must include: (a) how,when and where the"environmental incident"took place; (b) the names and addresses of any injured persons and witnesses. 2. You must permit us to inspect the"underground storage tank(s)"and the"Insured site"in order to substantiate that the "bodily injury,""property damage"or"clean-up costs"was caused by an"environmental incident"from an"underground storage tank"at the"insured site." 3. If a"claim" is made or a"suit"is brought against any Insured, you must make certain that we receive immediate written notice of it. 4. You and any other involved Insured must (a) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the"claims"or"suits"; (b) authorize us to obtain records and other information; (c) cooperate with us in the investigation,settlement or defense of the"claims"and"suits"; (d) assist us, upon our request, in the enforcement of any right against any person who or organization which may be liable to the Insured because of "claims" and "suits"to which this insurance may also apply. 5. If requested, permit us to question you under oath at such times as may be reasonably relquired about any matter relating to an "environmental incident" including your books and records. Such sworn statement must be signed. 6. Comply with all local,state and federal"environmental incident"reporting requirements. 7. I Take immediate action to stop or contain the release. No Insureds will, except at their own cost, voluntarily make any payment, assume any obligation or inc r any expense,without our consent,except as outlined in Item 7 above. - L. Transfer Of Rights Of Recovery Against Others To Us If y u have rights to recover all or part of any payment we have made under this Policy from,other pa ies, including insurers, state funds, programs or plans, those rights are transferred to us. You must do nothing after loss to impair those rights to recover. At our request, you will pursue those rights or transfer those rights to us and help us enforce those rights to recover.- GAI 9002 (Ed. 12/98)XS Page 8 of 12 • M. When We Do Not Renew If we decide not to renew this Policy,we will mail or deliver,to the first Named Insured shown in the Declarations, written notice of the-nonrenewal, not less than sixty (60) days before the expiration date. Such notice will be sent certified mail. If notice is mailed, proof of receipt will be sufficient proof of notice. N. !'Cancellation I' This Policy may be cancelled by you at anytime during the Policy Term by providing written notice II to us stating when thereafter such cancellation shall be.effective. The return' premium, will be 11 calculated at either 90% of the pro rata Annual Policy Premium or, 75% of the Annual Policy Premium,whichever is less. I 1 This Policy may be cancelled by us by mailing or delivering to you written notice of cancellation at least sixty (60) days (ten (10) days for nonpayment of premium or misrepresentation) before the 1 effective date of cancellation. Such notice will be sent certified mail. If notice is mailed, proof of li receipt will be sufficient proof of notice. The return premium will be computed pro rata'of the Annual Policy Premium.' • '' The Policy Term ends on the effective date of cancellation,whether cancelled by you or by us,. 11 0. Legal Action Against UsI No person or organization has a right under this Policy: 1. to join us as a party or otherwise bring us into a"suit"asking for damages from an Insured;or 2.' to sue us on this Policy unless all of its terms have been fully complied with. II A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured obtained after an actual trial; but we will not be liablefor damages that are not payable under the terms of this Policy or that are in excess of the applicable' LIMITS OF INSURANCE. An agreed settlement means a settlement and release of liability signed by;us, the Insured and the claimant or the claimant's legal representative. P.', Service of"Suit" Pursuant to any statute of any state or district of the United States of America, which' makes ,1 provision therefore,the Company hereby designates the Commissioner,Superintendent or Director 1 of Insurance or other officer specified for that purpose in the statute and his or her successors in office and duly authorized deputies in the state where this Policy is issued, as the Company's true and lawful attorney for service of legal-process in any action, "suit" or proceeding brought in the state where this Policy is issued by or on behalf of an Insured or beneficiary against the, Company arising out of the insurance issued under this Policy. Any legal process received by such attorney '1 for service of legal process shall be forwarded to the Company to the attention of: Karen Holley Horrell California Illinois General Counsel Great American Jere Keprios CT Corporation System Insurance Companies CT Corporation System 208 South LaSalle 580 Walnut Street 818 West Seventh Street Chicago, IL 60604 r Cincinnati,OH 45202 Los Angeles,CA 90017 I GAI 900,2(Ed. 12/98)XS Page 9 of 12 iI I • Q. Inancial Responsibility Laws hen we issue a certificate of insurance as proof of financial responsibility under the provisions of Ty underground tank financial responsibility law,you agree to reimburse us for any payment made us which we would not have been obligated to make under the terms of this Policy except for the i "suance of the certificate of insurance. SEC11 N VIII-AUTOMATIC EXTENDED REPORTING PERIOD If this ,olicy is cancelled or nonrenewed for any reason,the following is added as part(4) of Paragraph 1.c.an part(3)of Paragraph 2.b.of SECTION I-POLLUTION LIABILITY COVERAGE: A"claim"first made in writing to us within 6 months after the end of the Policy Term will be deemed t 1,have been made on the last day of the Policy Term,provided that the"claim"is for"bodily injury," " iroperty damage"or"clean-up costs"as a result of an "environmental incident"that commenced b fore the end of the Policy Term and subsequent to the Retroactive Date shown in the Policy D clarations. The "environmental incident" must be from an "underground storage tank" at an "I cured site." This E ended Reporting Period will not reinstate or increase the LIMITS OF INSURANCE or the LIMIT OF DEFEN•E,nor will it extend the Policy Term. SECT!•�IN IX-OPTIONAL EXTENDED REPORTING PERIOD 1. is section applies only if: a. this Policy is cancelled or nonrenewed for any reason except misrepresentation or nonpayment of the premium; or b. we renew or replace the Policy with other Pollution Liability insurance that; (1) provides claims-made coverage for"bodily Injury,""property damage"or"Clean-up costs"; and (2) has a Retroactive Date later than the one shown in this Policy's Declarations. 2. If e provide the Optional Extended Reporting Period Endorsement,the following is added as part (4)lh f paragraph 1.c.and part(3)of paragraph 2.b. SECTION I-POLLUTION LIABILITY COVERAGE: A"claim"first made within 1 year after the end of the Policy Term will be deemed to have been made on the last day of the Policy Term, provided that the "claim" is for "bodily Injury," "property damage" or "clean-up costs" as a result of an "environmental incident" that commenced before the end of the Policy Term and subsequent to the Retroactive Date shown in the Policy Declarations. The "environmental incident" must be from an "underground storage tank"at an"Insured site." Thi. Extended Reporting Period will not reinstate or increase the LIMITS OF INSURANCE or the LI IT OF DEFENSE,nor will it extend the Policy Term. 3. We*ill issue this Endorsement if the first Named Insured shown in the Declarations: a. makes a written request for it which we receive within thirty(30)days after the end of the Policy GAI 9002 (Ed. 12/98)XS Page 10 of 12 it Term;and b. pays the additional premium when due. The Optional Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the Endorsement may not be cancelled. 4. We will determine the actual premium for the Optional Extended Reporting Period Endorsement with our rules and rates.,I n doing so,we may take into account the following: a. the exposures insured; b. previous types and amounts of insurance; c. LIMITS OF INSURANCE available under this Policy for future payment of "claims," "suits" or "clean-up costs";and d. other related factors. The premium for the Optional Extended Reporting Period Endorsement will not exceed 50% of the annual premium for this;Policy and will be fully earned when the Endorsement takes effect. 5. If we fail to renew this Policy at the same rates, that will not constitute cancellation or nonrenewal by us. SECTION X- DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment 2. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, resulting from any of these at any time. 3., "Claim" means a demand for payment of money or the taking of action by a third party or the government of the United States of America, Canada or any political subdivision of the United States or Canada to remedy an "environmental incident." A "claim" does not include the request for information,a notice oflintent to reserve rights or an assertion of a potential problem. 4.' "Clean-up costs" means expenses for the removal or neutralization of pollutants. "Clean-up costs" does not include testing, monitoring and determining the source and extent of contamination if there is no"environmental incident" 5. "Coverage territory" 'means the United States of America (including it's territories and possessions). 6.1 "Declared"means the earliest of the following times: a. the day you first notify us in writing of an"environmental incident;" b. the day we receive the written notice of a"claim"or"suit"alleging an"environmental incident" caused by you. 7. "Environmental Incident" means emission, discharge, release or escape of pollutants into or upon land,the atmosphere,or any watercourse or body of water, provided that such emission,discharge, ' release or escape is from an "underground storage tank" at an "insured site." The "environmental GAI 9002 (Ed. 12/98)XS Page 11 of 12 I cldent"ends when that emission,discharge, release.or escape has been resolved. 8. nsured site"means the specific location(s)as shown in the Declarations. 9. " oading" or"unloading" means the transfer of a product at an "Insured site"while the product is -ing removed from or dispensed to an"underground storage tank." 10. " 'olicy Span"means that duration of time beginning on the Retroactive Date and ending on the last d y of the Policy Term. 11. " roperty damage"means: a ' physical injury to, destruction of or contamination of tangible property including all resulting loss of use of that property;or 1 b. loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of an "environmental incident." 12. " pit"means a civil proceeding in which damages because of"bodily injury"or"property damage", to which this insurance applies,are alleged. "Suit"includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent 13. " nderground storage tank" means any one or combination of tanks, their associated piping and di pensers as listed on the Underground Tank Data Sheet 1 14. ' ,aste facility" means any site to which waste from the "insured site" is consigned for delivery or d=livered for storage,disposal, processing or treatment GAI 9002(Ed. 12/98)XS Page 12 of 12 1I l I, I I 11 I CODE DESCRIPTIONS , Under/Aboveground Tank Product Stored Aboveground Pipe Construction Codes: g 9 (Codes: FRP Fiberglass IPREM Premium Unleaded FCS Fiberglass coated steel !MUL Mid-grade unleaded CPS Cathodically protected steel , IIUL Regular unleaded GV Galvanized steel I DSL Diesel COP Copper K1 Kerosene OTHER Describe IlFO Fuel Oil OTHER Refer to Site Schedule Underground Tank Construction Codes: 1 I FRP Fiberglass II Underground Tank Leak Detection Codes: FLS Fiberglass lined steel FCS Fiberglass coated steel ( AUTO Automatic tank gauging CPS , . Cathodically protected steel I INT Interstitial Monitoring(double wall STIP3 Steel Tank Institute tanks only) ' OTHER Refer to Site Schedule AGM Automatic groundwater monitoring , I AVM Automatic vapor monitoring Underground Pipe Construction Codes: SIR Statistical inventory reconciliation MIC Manual inventory control FRP Fiberglass II OTHER Refer to Site Schedule FCS Fiberglass coated steel ' II FLX Flexible CPS Cathodically protected steel Aboveground Tank Leak:Detection Codes: OTHER Refer to Site Schedule I F, FRP Fiberglass , -Aboveground Tank External Protection Codes: WS Welded steel, , BSI Bare steel I PNT • Painted Ih SS Stainless steel SAC Sacrificial anode PL Plastic(PVC,1ABS,etc.) IMP Impressed current II OTHER Refer to Site Schedule OTHER Refer to Site Schedule , I 1 Aboveground Tank Overfill Protection Codes: Aboveground Tank Internal Protection Codes: 1; i AUTO Automatic shut off' II EL' Epoxy lined ALARM Audible/visual alarm OTHER Refer to SiteII Schedule OTHER Describe i l I Diking Construction Codes: 1 I Aboveground Tank Level Detection Codes: • I , CB Concrete block AUTO Computer controlled in-tank level PC Poured Concrete ' GAUGE Manual external gauge monitor EARTH Earthen OTHER Describe LINER Mfg. Membrane liner I OTHER Describe The"DW"prefix on construction codes=Double walled construction , I 1 I GAI 9032(Ed.02/03)XS I I r��...� PRO-Managing General Agents,Inc. 1600 West 7th Street Fort Worth,TX 76102 • Tel: 1-800-336-1338 ' rAillERICAN INSURANCE COMPANIES • CERTIFICATE OF INSURANCE STATE OF WASHINGTON Insu ed: City of Renton WA Policy No.: BTA 9988784-01 1055 S Grady Way Effective Date: 1/1/2014 Renton,WA 98057 Expiration Date: 1/1/2015 Insu er: PRO-Managing General Agents,Inc. Great American E&S Insurance Co. 1600 West Seventh Street,Fort Worth,TX 76102 Certifi ation: 1. reat American E&S Insurance Co.,the"Insurer",as identified above,hereby certifies that it has issued liability surance covering the following"underground storage tank(s)": No.of Tanks Site ID# Site Address 2 27542719 Renton,WA 98055 • 3555 NE 2nd St • for taking corrective action and compensating third parties for"bodily injury"and"property damage"caused by "accidental releases"in accordance with and subject to the Limits of Liability,exclusions,conditions,and other terms of the policy arising from operating the"underground storage tank(s)" identified above. The Limits of Liability are$1000000"each occurrence"and$1000000"annual aggregate,"exclusive of legal defense costs,which are subject to a separate limit under the policy. The coverage is provided under BTA 9988784. • The effective date of said policy is 1/1/2014. 2. The"Insurer" further certifies the following with respect to the insurance described in Paragraph 1. a. Bankruptcy or insolvency of the Insured shall not relieve the "Insurer" of its obligations under the policy to which this certificate applies. b. The"Insurer"is liable for payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party,with the right of reimbursement by the Insured for any such payment made by the"Insurer".This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95-280.102. c. Whenever requested by the Director of an implementing agency,the"Insurer"agrees to furnish;to the director a signed duplicate original of the policy and all endorsements. d. Cancellation or any other termination of the insurance by the"Insurer",except for nonpayment of premium or misrepresentation by the Insured,will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the Insured.Cancellation for nonpayment of premium or misrepresentation by the Insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the Insured. e. The insurance covers claims otherwise covered by the policy that are reported to the"Insurer"within 6 months of the effective date of cancellation or nonrenewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy,and which arise out of any covered occurrence that commenced after the policy retroactive date,if applicable,and,prior to such policy renewal or termination date.Claims reported during such extended reporting period are subject to the terms,conditions,limits,including Limits of Liability and exclusions of the policy. I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(2)and that the "Insurer"is eligible to provide insurance as an excess or surplus lines insurer in one or more states. cat . Authorized Representative Name: Robert A Ferguson Title: President GAI 908' (Ed 01/02)PRO Page 1 of 3 • • PRO-Managing General Agents,Inc. 1600 West 7th Street Fort Worth,TX 76102 GREMAMERICAN Tel: 1-800-336-1338 INSURANCE COMPANIES CERTIFICATE OF INSURANCE STATE OF WASHINGTON Insured: • City of Renton WA Policy No.: BTA 9988784-01 1055 S Grady Way Effective Date: 1/1/2014 Renton,WA•98057 Expiration Date: 1/1/2015 Insurer: PRO-Managing General Agents,Inc. Great American E&S Insurance Co. 1600 West Seventh Street,Fort Worth,TX 76102 Certification: 1. Great American E&S Insurance Co.,the"Insurer",as identified above,hereby certifies that it has issued liability insurance covering the following"underground storage tank(s)": No.of Tanks Site ID# Site Address 1 64293294 Renton,WA 98055 4000 Maple Valley Hwy • for taking corrective action and compensating third parties for"bodily injury"and"property damage"caused by "accidental releases"in accordance with and subject to the Limits of Liability,exclusions,conditions,and other terms of the policy arising from operating the"underground storage tank(s)"identified above. The Limits of Liability are$1000000"each occurrence"and$1000000"annual aggregate,"exclusive of legal•defense costs,which are subject to a separate limit under the policy. The coverage is provided under BTA 9988784.The effective date of said policy is 1/1/2014. 2. The"Insurer" further certifies the following with respect to the insurance described in Paragraph 1. • a. Bankruptcy or insolvency of the Insured shall not relieve the"Insurer"of its obligations under the policy to which this certificate applies. b. The"Insurer"is liable for payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party,with the right of reimbursement by the Insured for any such payment made by the"Insurer".This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95- 280.102. • c. Whenever requested by the Director of an implementing agency,the"Insurer"agrees to furnish to the director a signed duplicate original of the policy and all endorsements. d. Cancellation or any other termination of the insurance by the"Insurer",except for nonpayment of premium or misrepresentation by the Insured,will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the Insured. Cancellation for nonpayment of premium or misrepresentation by the Insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the Insured. e. The insurance covers claims otherwise covered by the policy that are reported to the"Insurer'.'within 6 months of the effective date of cancellation or nonrenewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy,and which arise out of any covered occurrence that commenced after the policy retroactive date,if applicable,and prior to such policy renewal or termination date.Claims reported during such extended reporting period are subject to the terms,conditions,limits, including Limits of Liability and exclusions of the policy. I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(2)and that the "Insurer" is eligible to provide insuranceff as an excess or surplus lines insurer in one or more states. su� r�^1G i-ett ea Authorized Representative Name: Robert A Ferguson Title,: President • CAI 9085(Ed 01/02)PRO Page 2 of 3 THIS PAGE INTENDED TO BE BLANK I'I � • II • li GAI 908' (Ed 01/02)PRO Page 3 of 3 LIMITS OF INSURANCE It is hereby understood and agreed that the LIMITS OF INSURANCE shown on the DECLARATIONS PAGE are replaced with the LIMITS of LIABILITY below and will apply separately to each"insured site." "Insured Site" means the specific location(s) as shown on the Schedule of Insured Sites. $1,000,000 per incident $1,000,000 • annual aggregate $500,000 defense costs • • GAC 9012(Ed. 01/92)XS PRO-Managing General Agents,Inc. GREATAM,ERIC,AN 1600 Westt 7th Street INSURANCE COMPANIES Fort Worth,TX 76102 Tel: 1-800-336-1338 . *** ATTENTION *** 1. DUTIES IN THE EVENT OF AN ENVIRONMENTAL INCIDENT A. Comply with all local,state and federal environmental incident reporting requirements and taking immediate action to stop or contain the release. B. You must see to it that the Company is notified IMMEDIATELY of an environmental incident. ' Notice must include: 1. How,when and where the environmental incident took place. 2. The names and addresses of any injured persons and witnesses. 3. You must permit us to inspect the underground storage tank(s) and the insured site in order to substantiate that the bodily injury, property damage or clean-up costs was caused by an environmental incident from an underground storage tank at the insured site. *** No insureds will, except at their own cost, voluntarily make any payment, assume any, obligation or incur any expense,without our consent,except as outlined in Item A.above. LOSS REPORTING eport all Environmental incidents to Great American Insurance Company IMMEDIATELY. P P y nvironmental Incidents must be reported by phone or fax. Home Office: 49 East Fourth Street,Suite 300 South P.O.Box 5425 Cincinnati,OH 45202 Phone: (513)579-6300(Claims Department) (800)336-3324 Fax: (513)412-4157 G � • f � 'Al 9026(Ed. 02/03) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: U;NDERGRO i ND STORAGE TANK REPAIR'OR REPLACEMENT COST This endorsement modifies insurance provided under the following: . STORAGE'TANK POLLUTION LIABILITY POLICY SCHEDULE LIMITS OF INSURANCE DEDUCTIBLE Each Claim Limit:$50000 Each Claim:$5000 Aggregate Policy Limit:$-50000 A. The following is added to SECTION I. INSURING AGREEMENT: Underground"Storage Tank System"Repair or Replacement Coverage Tlie Company will pay on behalf of the insured, subject to the limits of insurance and deductible shown in the above schedule,reasonable and necessary costs to repair, recondition,rebuild, or replace,a covered underground`,`storage tank system"at a"scheduled facility". The need to repair, rebuild, or replace an underground"storage tank system"must arise out of a"release"that is insured by this Policy. B. The defmition of"claim"in SECTION X. DEFINITIONS is amended to include: Written notice to the Company identifying the damage to and the need for repair,rebuilding'or replacement of a covered underground"storage tank system". C• The company's total liability for"claims"for the repair or replacement of an underground"storage tank system"is shown in the above schedule. The inclusion of this insurance is in addition to and does not reduce the Company's limit's of liability for"bodily injury"or"property damage"or"Clean-up costs". 11 D. DEDUCTIBLE. A deductible shall apply to this insurance as shown in the above schedule. E. Item 19. in Section II. EXCLUSIONS is deleted and replaced with the following: 19. Any costs, charges or expense to upgrade,maintain or close any underground"storage tank system". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. i I i GAI 9303(04/11) Page 1 of 1 i I I , I ' • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - CANCELLATION AND NON-RENEWAL T s endorsement modifies insurance provided under the following: T 's endorsement modifies insurance provided under the following: S ORAGE TANK POLLUTION LIABILITY POLICY IX CONDITIONS,G. Cancellation and Non-Renewal is deleted and replaced with the following: A. Cancellation: 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation,including the actual reason for the cancellation,to the last mailing address known to us,at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; j b. 60 days before the effective date of cancellation if we cancel for any other reason 1,3. The time of surrender or the effective date of cancellation stated in the notice shall become the end of the I, "policy period". 4. If this Policy is issued to comply with any law or regulation which requires notice of cancellation to any 1 governmental body,cancellation shall not be effective until the required notice has been provided by the Named Insured or the Company. 5. If this policy is cancelled,we will send the first Named Insured any premium refund due. If we cancel,the refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered refund. Premium adjustment may be, made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective,but payment or tender of unearned premium is not a condition of the effective date of the cancellation. • B. onrenewal e may elect not to renew this policy for an additional"policy period"by mailing or delivering written notice Of nonrenewal,stating the reasons for nonrenewal,to the first Named Insured and the first Named Insured's 2•ent or broker,at their last mailing addresses known to us. We will also mail to any mortgage holder,pledge Dr other person shown in this policy to have an interest in any loss which may occur under this policy,at their fast mailing address known to us,written notice of nonrenewal. We will mail or deliver these notices at least,60 oefore the: . Expiration of the policy;or • . Anniversary date of this policy if this policy has been written for a term of more than one year. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. r E092'VA-0904 I • • No.SP 4049999 SPECIFIC,EXCESS WORKERS' COMPENSATION AND . EMPLOYERS' LIABILITY INSURANCE AGREEMENT i 1 SAFETY NATIONAL CASUALTY.CORPORATION ST. LOUIS, MISSOURI (Hereinelier called the CORPORATION) In consideration of the payment of premium and subject to all the terms of this Agreement,hereby agrees with the EMPLOYER named in the Declarations(hereinafter called the'EMPLOYER),as follows: • A.. 'Coverage of Agreement C. Definitions This Agreement applies only to Loss sustained by the (1) "Loss" — shall mean actual payments, less recoveries, EMPLOYER because of liability imposed upon the legally made by the EMPLOYER to Employees and'their EMPLOYER by the Workers' Compensation or Employers' dependents in satisfaction of (a) statutory benefits, (b) Liability Laws of: settlements of suits and claims, and (c) awards and (1) the State(s)designated in the Declarations,or judgments. Loss shall also include Claim Expenses, paid (2) other State(s),provided that the Loss shall not be greater by the EMPLOYER, as defined in Paragraph (2) of this than it would have been had liability been imposed by Section. The term Loss shall not include the items the State(s)specified in the Declarations, _ specifically excluded by Paragraph(3)of this Section. on account of.bodily injury by accident.or bodily injury by (2) "Claim Expenses" —shall mean court costs, interest upon occupational disease due to Occurrences taking place within awards and judgments and the reasonable allocated costs the,Liability Period to Employees of the EMPLOYER engaged of investigation, adjustment, defense, and appeal, in the business operations specified in the Declarations and all ,including pension or.appeal bond costs (provided that the • other operations necessary, incidental, or appurtenant thereto. prosecution of such appeal and/or the posting of such ' Bodily injury includes resulting death. pension or appeal bond is approved by 'the The inclusion of more• than one EMPLOYER in the CORPORATION)of claims, suits or proceedings brought Declarations shall not increase the EMPLOYER's Self-Insured against the EMPLOYER under the Workers' Retention nor the CORPORATION's Maximum Limit of Compensation or Employers'Liability Laws of the State(s) Indemnity. ,designated in the Declarations, or other State(s), as , provided in Section A, even though such claims, suits, proceedings or demands are wholly groundless, false or The insurance afforded by this Agreement applies to operations in the State(s) 'specified in the Declarations, fraudulent. Claim Expenses shall not include fees to the including, however, incidental operations conducted by EMPLOYER's Service Company. Employees who are regularly engaged in operations in the (3) "Exclusions from Loss" — shall refer to the'following specified State(s), but who may be temporarily outside the amounts paid by the EMPLOYER, and specifically specified State(s). excluded from the term Loss: (a) Salaries, wages, and remuneration provided to B. Insurance Under This Agreement Employees; (1) .Specific Excess Insurance (b) Fees to the EMPLOYER's Service Company and/or ' With respect to each Occurrence taking place within a costs of self-administration of claims; Liability Period,the EMPLOYER shall retain as its own Loss, (c) Punitive or exemplary damages as they relate to as defined below, the amount specified in Item 7 of the claims made under the Employers' Liability coverage Declarations, and the CORPORATION agrees to reimburse provided by this Agreement; the'EMPLOYER only for such Loss in excess of such Self- (d) Fines or penalties assessed against the EMPLOYER Insured Retention, subject to the Maximum Limit of Indemnity for any violation by the EMPLOYER, or its Per.Occurrence, or the Employers' Liability Maximum Limit representative(s), of any statute or regulation, unless of Indemnity Per Occurrence, whichever is applicable, as the fines or penalties result from a reasonable dispute specified in Item 8 of the Declarations, The separate as to Workers' Compensation benefits owed by the Employers' Liability Maximum Limit of Indemnity Per EMPLOYER; Occurrence shall not operate, in any case, to increase the total (e) Assessments and taxes made upon the EMPLOYER amount the CORPORATION agrees to reimburse the as self-insurer whether imposed by statute,regulation, EMPLOYER for Loss per any one Occurrence as per Item 8(a) or otherwise; of the Declarations. . 6PAC-crs-Ai -, f (f) I Any amounts required to be paid by the EMPLOYER period of time,reimbursement payments shall be made by the because of: CORPORATION. 1 1) Serious and willful misconduct of the I, EMPLOYER, including intentional torts and The CORPORATION shall have, and may exercise at any I' intentional acts or omissions resulting in injury, time, and from time to time,the right to offset any balance or acts or omissions taken with reckless disregard of balances, whether on. account of premiums, I Losses or the possible occurrence of an injury or acts or otherwise, due from the EMPLOYER to the CORPORATION omissions taken that are substantially certain to against any balance or balances due from the CORPORATION ' result in injury, regardless of whether or not said to the EMPLOYER under this Agreement. I 3 actions may be classified in the State(s) as intentional torts, E. Liability Period 1 2) Coercion, ' criticism, demotion, evaluation, The liability of the CORPORATION for Loss hereunder shall reassignment, discipline, defamation, harassment, be determined separately for each Liability Period! The initial humiliation, discrimination against or termination Liability Period shall commence at 12:01 AM on the of any Employee a d/or related ' personnel Effective Date and end at 12:01 A.M.on the Anniversary Date, practices, policies, acts or omissions by the designated in Items 3 and 4 respectively, of the Declarations. EMPLOYER, Each succeeding Liability Period shall begin concurrently with 3) Knowingly employing an Employee in violation the end of the previous Liability Period and continue for the of law, same number of consecutive months as the initial Liability 4) Rejection by the EMPLOYER of any Workers' Period. All time is stated in local time for the State(s) Compensation Law, designated in the Declarations. 5) Failure to comply with any health, safety, or - notification law or regulation, In the event the EMPLOYER fails to give express written (g) Loss voluntarily assumed by the EMPLOYER under intent to continue coverage at the end of a given Liability any contract or agreement,whether express or implied; Period, the Agreement shall be deemed terminated, and the (h) Loss for which the EMPLOYER carries a full Anniversary Date shall serve as the termination date of the coverage Workers' Compensation and Employers' Agreement. Liability policy;and (i) Any amount owed by the EMPLOYER pursuant to F. Premium provision of any law that provides non-occupational Upon acceptance of the Agreement and at the beginning of disability benefits. each Payroll Reporting Period, as specified in Item. 12 of the (4) "O Rlcurrence" —shall mean accident In addition, bodily Declarations, the EMPLOYER shall pay to the inj o by occupational disease must be caused, or CORPORATION the amount of the Deposit Premium .ag avated by the conditions of employment and shall be specified in Item 11 of the Declarations. The EMPLOYER d red to have occurred on the last day of the last shall pay.premiums when due. The Deposit Premium shall be ex osure to those conditions of employment causing or held by the CORPORATION until the expiration of the Payroll ag uavating such injury by occupational disease, or such Reporting Period. Within thirty (30) days after the close of dat s as is otherwise established by the Workers' each Payroll Reporting Period, the EMPLOYER shall render Co ii pensation and Employers' Liability Laws of the to the CORPORATION a report, upon a form satisfactory to ap opriate State(s). Bodily injury by occupational the CORPORATION, exhibiting,by classification, the amount ' dis ase sustained by each Employee shall be deemed to be of such remuneration earned by Employees during such a separate Occurrence unless such disease results directly reporting period, and the EMPLOYER shall therewith pay to fro an accident. p the CORPORATION the excess of the Earned Premium over (5) "E ployee' — as respects liability imposed upon the the Deposit Premium previously paid. In case the Deposit E LOYER by the Workers' Compensation Law of any Premium paid exceeds the Earned Premium, the Sta the word Employee shall mean any person CORPORATION shall return to the EMPLOYER the amount pe orming work which renders the EMPLOYER liable ive appropriate credit, subject to the and r the Workers' Compensation Law of a State named in liea 2 of the Declarations, which is the State of' the Proportion of Minimum Premium for the Liability Period in p the case of multi-year Liability Periods. inj iced Employee's normal employment, for bodily inj es or occupational disease sustained by such person. (6) "S te"—shall mean any state, territory, or possession of Upon expiration of a Liability Period,a summary of voluntary the I nited States of America and the District of Columbia. payroll reports for such Liability Period shall bel made to determine the Earned Premium under this Agreement. In no D. Rei bursement event, however, shall the Earned Premium in respect of any If the LOYER pays any Loss incurred in any Liability Liability Period be less than the Minimum Premium specified Period i IIexcess of the Self-Insured Retention Per Occurrence, in the Declarations. the CORPORATION shall reimburse the EMPLOYER upon receipt Of a formal proof of loss and other evidence acceptable For each Payroll Reporting Period, the CORPORATION shall to the C RPORATION of such payment Within a reasonable compute the Earned Premium as follows: SPWC-0908.A1 (1),'Remuneration— The remuneration earned, or man hours addition, the electronic transfer of loss information by a accumulated during such period by all Employees, Service Company of the EMPLOYER shall not constitute including volunteers, engaged in each classification notice of a claim. covered by this Agreement shall be computed in accordance with the rules Set forth in the appropriate Cancellation of the service agreement between the Service Manual of Workers' Compensation and Employers' Company and the EMPLOYER shall operate as a notice of Liability Insurance. cancellation of this Agreement by the EMPLOYER,subject to (2) Manual and Standard Premium — The remuneration, or the additional terms of the Cancellation Section of this man-hours, so computed for Employees engaged in each Agreement Any change in service companies must be such classification shall be multiplied by the Manual Rate immediately communicated to and approved by the per $100 of remuneration/man-hour, in effect at the CORPORATION, and this obligation shall survive the inception of each Payroll Reporting Period, and the termination or non-renewal of this Agreement. products so obtained shall bei added together to determine the Manual Premium. An Experience Modification Factor I. Prompt Reporting of Claims may be applied to the Manual Premium to determine a As soon as the EMPLOYER becomes aware,the EMPLOYER Standard Premium. Such Experience Modification Factor must provide prompt notice to the CORPORATION of:(a)any shall be determined at the inception of this Agreement and claim or action commenced against the EMPLOYER which is subject to annual,review and possible revision. A exceeds,or is likely to exceed,fifty percent(50%)of the Self- Standard Premium takes precedence over any Manual Insured Retention Per Occurrence specified in Item 7 of the Premium Declarations and (b) the reopening of any claim in which a (3) Earned Premium — Against the Manual or Standard further award might involve liability of the CORPORATION Premium shall be applied the Premium Rate, as specified under this Agreement. in Item 9 of the Declarations;to determine the appropriate Earned Premium. In addition, the following categories of claims shall be reported to the CORPORATION immediately, regardless'of This Agreement is issued by the CORPORATION and any question of potential involvement of the CORPORATION: accepted by the EMPLOYER subject to the agreement-that, in 1. Fatalities; the event of any change in the Rates per $100 2. Paraplegics and quadriplegics; remurieration/man-hour, as stated in Item ,5 of the 3. Serious burns, defined as 21'd or 3rd degree burns Declarations, because of any general rate increase or any involving 25%or more of the body; , legislative amendment affecting the benefits under the 4. Brain injury; Workers' Compensation Law of any State(s)named in Item 2 • 5. Spinal cord injury; of�the Declarations, such change, upon the effective date 6. Amputation of a major extremity;and • thereof, shall be, without endorsement, made a part of this 7. Any Occurrence which results in a serious injury Agreement. to two or more Employees. G. Self-Insurer • If the CORPORATION. is prejudiced by the EMPLOYER's The EMPLOYER, by acceptance of this Agreement, warrants failure to provide prompt notice of a claim in accordance with that it is a duly qualified Self-Insurer in the State(s)designated the requirements set forth above and/or as otherwise provided in' the Declarations, and will continue to maintain such by the Law of any State(s),the CORPORATION may elect to qualifications during the currency of this Agreement. In the deny coverage for Loss arising from such claim. To constitute event the EMPLOYER should at any time while this prompt, sufficient notice, the EMPLOYER must provide Agreement is in force terminate such qualifications or if they complete information as to the details of the injury, disease,or should be cancelled or revoked, such loss of qualifications death. • shall operate as notice of cancellation of this Agreement by the EMPLOYER , subject to the, additional terms of the J. Defense of Claims Cancellation Section of this Agreement. The EMPLOYER shall investigate and settle or defend all claims and shall conduct the defense and appeal of all actions, H. Service and Administration suits, and proceedings commenced against it. The This Agreement contemplates the concurrent and continued EMPLOYER shall forward promptly to the CORPORATION existence of a separate service agreement between the copies of any pleadings or reports as may be requested. The EMPLOYER and the Service Company, its designated CORPORATION shall not be obliged'to assume charge of the representative,named in Item 5 of the Declarations, providing investigation, defense, appeal or settlement of any claim, suit, services approved by the CORPORATION. The EMPLOYER or proceeding brought against the EMPLOYER, but the agrees that its Service Company shall furnish the CORPORATION shall be given the opportunity to investigate, CORPORATION with quarterly loss runs concurrent with defend, or participate with the EMPLOYER in the each Liability Period ofthis Agreement. The provision of loss investigation and defense of any claim,itin the opinion of the runs alone does not relieve the EMPLOYER of its reporting CORPORATION, its liability under this Agreement might be obligations as set forth in Section I of this Agreement. In involved saws-as 8-AI 1 st II K. Gdod Faith Claims Administration mitigate anyLoss under this Agr eement Agr went shall fast by used to The ill 1'LOYER shall use diligence,prudence,and good faith pay the expenses of collection and to reimburse the in,the investigation, defense, pursuit of recovery from others CORPORATION for any amount it may have paid the and s=ttlement of all claims. The EMPLOYER shall not EMPLOYER for the Liability Period concernd, and all unreasonably refuse to settle any claim which, in the exercise remaining amounts collected shall be paid to the EMPLOYER. of so dd judgment with respect to the entire claim,should be settled, provided, however, that the EMPLOYER shall not O. Change in Agreement make :ny payment or agree to any settlement for any sum No condition,provision, or declaration of this Agreement shall which would involve the limits of the CORPORATION'S be waived or altered at any time,except as specified in Section liabili I' hereunder without the approval of the F, except by endorsement signed by the President or a Senior CORP ORATION. Vice President and the Secretary or an Assistant Secretary of I the CORPORATION. If the ORPORATION is prejudiced by the EMPLOYER's 1 failure tto exercise diligence, prudence, and good faith, the This Agreement hereby terminates, supersedes, and replaces CORPORATION may elect to disclaim coverage for Loss all previously issued Workers' Compensation Insurance or from s ch claim. Reinsurance Agreements, as amended, between the EMPLOYER and the CORPORATION. L. Ins.1.ection and Audit ' The fn RPORATION shall have the right, but not the If terns of this Agreement are in conflict with any Iaw obligan, to inspect the premises and equipment and/or to applicable to this Agreement, this statement amends this audit books and records of the EMPLOYER and of its Agreement to conform to such law. In addition, in the event agentsd representatives, including all records relating to any terms are in conflict with applicable laws, the remaining terms of the Agreement shall be enforceable. payrolnd claims matters, at any reasonable time during the period this Agreement and within three(3)years after final P. Cancellation . settlem t of all claims due to Occurrences happening during the t I'of this Agreement. An audit to determine Manual or This Agreement may be cancelled by either party giving the Stands Premium shall supersede any and all prior voluntary other party written notice not less than sixty (60)days prior to the date of cancellation, except, that if the CORPORATION payroll reports by the EMPLOYER, and will be used to cancels for non-payment of any premium, the cancellation determ a the final adjustment of pre.hiums due to the shall become effective ten(10)days after dispatch of notice by. CORP TION. Should a determination be made that the CORPORATION. The date of cancellation then becomes additio r l audit premium is due to the CORPORATION, the' the termination date of the final Liability Period This due da for payment of such audit premium shall be thirty Agreement does not apply to Loss as a result of Occurrences (30)da :after the date of billing, taking place after the effective date of such cancellation. M. 0 ler Insurance If cancellation is effected by the EMPLOYER, the Manual or If the 1EMPLOYER carries other valid and collectible Standard Premium shall be determined by the short,rate tables insuranc-,reinsurance, or indemnity with any other insurer or used for casualty insurance, and the Earned Premium shall be reins -i" covering a Loss also'covered by this Agreement the product of the Premium Rate(Item 9)times the 1Manual or (other an insurance or reinsurance that is purchased to apply Standard Premium (or the Total Annual Remuneration) so in exc- ih of the sum of the Self-Insured Retention and the arrived at,but not less than the Minimum Premium specified in Maxim Limits of Indemnity hereunder), the insurance the Declarations, afforded by this Agreement shall apply in excess of and shall not con..bute with such other insurance or reinsurance_ If cancellation is effected by the CORPORATION for non- payment of premium, the EMPLOYER shall pay the N. Re +very from Others CORPORATION Earned Premium for the period'up to the The E ►'LOYER agrees to prosecute any and all valid claims date of cancellation. • the r OYER may have against any other party or source that may mitigate any Loss under this Agreement and return to If the CORPORATION cancels for any other reason, the the CO 'ORATION any amount so recovered, less the Manual or Standard Premium (or the Total Annual reasonab ye expense of collecting such amounts. Remuneration) shall be determined upon a pro rata'basis and the Earned Premium adjusted in accordance therewith. The CO' 'ORATION shall have the EMPLOYER's rights to prosecut- any and all valid claims against any other party or II Q. Assignment source s.t may mitigate any Loss under this Agreement. The An assignment of interest under this Agreement will not bind EMPLO i R agrees that it will assist the CORPORATION in the CORPORATION unless an endorsement signed by the any pros- ution of any and all valid claims against any other President or a Senior Vice President and the Secretary or an party or source that may mitigate any Loss under this Assistant Secretary of-the CORPORATION assigning interest Agreeme•t. Any amounts recovered by the EMPLOYER or under this Agreement is issued by the CORPORATION. the CO' ORATION from any party or source that may 1 SPWC-on8-AI • • R Bankruptcy or Insolvency of Employer in the application are the EMPLOYER's representations; that • The bankruptcy or insolvency of the EMPLOYER will not• this Agreement is issued in reliance upon such representations; • • relieve the CORPORATION or the EMPLOYER of its duties that this Agreement embodies all agreements existing between and liabilities under this Agreement. After payments have the EMPLOYER and the CORPORATION, or any of its been made by or on behalf of the EMPLOYER, agents, relating to this excess insurance, and that full reimbursements due under this Agreement will be made by compliance by the EMPLOYER with all terms of this th&CORPORATION as if the EMPLOYER had not become Agreement is a condition precedent to the CORPORATION's bankrupt •or insolvent, but not in excess of the liability hereunder. CORPORATION's limit of indemnity. S. Sole Representative If more than one EMPLOYER is named in Item 1 of the Declarations, or an endorsement related thereto, the EM- PLOYER first named in Item 1,or a related endorsement,will action behalf of all EMPLOYERS1 to give or receive notice of cancellation, to receive return premium or reimbursement, or. to request changes in this Agreement. IN WITNESS WHEREOF, SAFETY NATIONAL CASUALTY CORPORATION has caused this Agreement to T. Acceptance be executed by printing below the facsimile signatures of its By,,acceptance of this Agreement, the EMPLOYER agrees President and Secretary and by the actual signature of its that the statements in this Agreement,in the Declarations,and Secretary on the Declarations. • • • • President i I Secretary . . • • . • • • • • • • SPWC-0908-Al li SAF li NATIONAL CASUALTY CORPORATION 1832 S HUETZ ROAD ST. LO i'S, MO 63146 DECLARATIONS—SPECIFIC EXCESS SP 4049999 Item 1. Employer: CITY OF RENTON I Address:1055 SOUTH GRADY WAY, RENTON, WA 98057 Item 2. This Agreement covers all business operations of the EMPLOYER as a Self-Insurer in the following ' State(s): WASHINGTON Item 3. Effective Date:12:01 A.M. January 01,2014 Item 4. I;Anniversary Date:12:01 A.M. January 01,2015 Item 5. i,i The Service Company shall be CANNON COCHRAN MANAGEMENT SERVICES, INC. Items, CI-ASSIFICJ4TIOMS:.P:-Code .:EstimateiiTotalAnnual:: >••'':;.; .•-::?: ;> '':': rRate:P.ex 7007 ::,.: OF;OPERATIONS :' Number: ::Remuneration/IVIanhours �-•:.:: Remuneratioii/Manhours,,:: :: See Attached 1 Total Estimated Manual Premium N/A 11 SNCC Experience Modification Factor N/A Total Estimated Standard Premium N/A li Item 7. Self-Insured Retention Per Occurrence $500,000 Item 8. (a)Maximum Limit of indemnity Per Occurrence Statutory (b)Employers'Liability Maximum Limit of Indemnity Per Occurrence $1,000,000 li Item 9. lPremium Rate 0.0405 per Man Hour , Item 10. Minimum Premium for the Liability Period '$50,702 Item 11. Deposit Premium for the Payroll Reporting Period $56,336 Item 12. -ayroll Reporting Period Annually as of January 01 Item 13. ndorsements See Endorsement Schedule 11 i; A 11/:, 'Ilhg7 Signed at St.Louis, Missouri on December 11,2013 Secretary Counters gned this day of • By: ' N/A DSP-0195 ii . • 1005 00 1101 (XWC) ' ITEM 6 RE: CITY OF RENTON Policy No:SP 4049999 Effective Date:12:01 A.M. January10l, 2014 Declarations: Item 6'1 Estimated Total Annual Rate per$1001 Code Remuneration! Remuneration/ Estimated St Classifications of Operations No. Manhours Manhours Premium WA 1Cities and Towns 0803 460,000 N/A N/A Clerical Office,Sales Personnel and White Collar Employees of Cities and 5305 425,000 Towns Volunteers 6901 6,000 • Fire Fighters 6904 270,000 • Law Enforcement Officers 6905 230,000 1,391,000 Total Manhours 1,391,000 • • • I i I 1004 00 1101 (XWC) Endorsement Schedule RE:CITY F RENTON Policy N•t SP 4049999 Effective m ate: 12:01 A.M.January 01,2014 I I Number Title 0042 00 291 (XWC) WASHINGTON AMENDATORY ENDORSEMENT 0057 00 0 A92(XWC) WASHINGTON CANCELLATION ENDORSEMENT 0067 00 0,92(XWC) WASHINGTON SELF INSURER ENDORSEMENT • 0068 00 0492(XWC) WASHINGTON SERVICE AND ADMINISTRATION ENDORSEMENT 1061 10 ►07(XWC) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE i I • • • 0042 001291 (XWC) • ENDORSEMENT • WASHINGTON AMENDATORY ENDORSEMENT • Hi I Effective 12:01 A.M.,Local Time,January 01,2014 • • Effective at the inception date of the Agreement to which this endorsement is attached, and in consideration of the terms and conditions and premium charged under which this Agreement is written, it is hereby understood and agreed as follows: • This Agreement is, not intended to provide for the payment of any costs, benefits pr • compensation which the self-insured EMPLOYER may be obligated to pay pursuant to the provisions of Title 51 RCW, in excess of 80%0 of any such liabilities, as required by RCW 51.14.020(5). • It is further understood that the CORPORATION and its personnel do not participate in the administration of the;responsibilities of the self-insured EMPLOYER under Title 51 RCW. • All other terms,conditions,agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement • No. SP 4049999, issued.by,SAFETY NATIONAL CASUALTY CORPORATION of St Louis, Missouri to CITY OF • RENTON,dated January 01,2014. • • • SAI-E.I Y NATIONAL CASUALTY CORPORATION • • President • Secretary • • • • • • • • • • - I 0057 OD 0492(XWC) • b ENDORSEMENT WASHINGTON CANCELLATION ENDORSEMENT i I Effective 12:01 A.M.,Local Time,January 01,2014 In ponsideration of the payment of premium and adherence by both parties to the terms of this Agreement, the fir-.t paragraph of the Cancellation Section of this Agreement is amended to read as follows: ' The Cancellation or Nonrenewal of this Agreement by the CORPORATION shall be made to the EMPLOYER, in writing, at least forty-five (45) days prior to the' effective date of cancellation, except for notice of cancellation for nonpayment of premium, for which at least ten (10) days notice prior to the effective date of the cancellation shall be given by the CORPORATION. All notices of cancellation and/or nonrenewal issued by the CORPORATION shall state the reason for the cancellation or nonrenewal. Such notices shall also be delivered to any person shown by the Agreement to have an interest in any Loss which may occur hereunder. . • The EMPLOYER may cancel this Agreement by giving notice in writing to the CORPORATION on or before the effective date of cancellation. li I In addition, with regard to nonrenewal notices, at least twenty (20) days prior to the end of the Liability Period,the CORPORATION must communicate its willingness to renew this Agreement in writing to the EMPLOYER. The CORPORATION must also include a statement of the amount of premium, or portion thereof, required to be paid by the EMPLOYER to renew this Agreement. If the EMPLOYER then fails to discharge payment due by its obligation in connection with such premium or portion thereof,however,the policy will not be renewed. • • All other terms,conditions,agreements and stipulations remain unchanged. • Att.'ched to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No I'SP 4049999, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RE TON,dated January 01,2014. • SAFETY NATIONAL CASUALTY CORPORATION • Altidit- )44t---xsavkAz President Secretary • 0067 00 0492(),CWC) ENDORSEMENT • WASHINGTON SELF INSURER ENDORSEMENT • Effective 12:01 A.M., Local Time,January 01,2014 • • In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is . understood and agreed that the Self-Insurer Section of this Agreement is revised to read as follows: • The EMPLOYER, by acceptance of this Agreement, warrants that it is a duly qualified Self- Insurer in the State(s) designated in the Declarations, and will continue to maintain such qualifications during the currency of this Agreement • All other terms,conditions, agreements and stipulations remain unchanged. . • Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement • No. SP 4049999, issued by SAFETY NATIONAL CASUALTY CORPORATION of St Louis, Missouri to CITY OF 'RENTON,dated January 01,2014. SAFETY NATIONAL CASUALTY CORPORATION President • Secretary • • • • 1, • • • 00.8 00 0492(XVVC) • ENDORSEMENT • WASHINGTON SERVICE AND ADMINISTRATION ENDORSEMENT Effective 12:01 A.M.,Local Time,January 01,2014 • • • • In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is • u erstood and agreed that the second paragraph of the Service and Administration Section is revised to read as fo lows: in the event the•service agreement between the Service Company Employer and the Em to er is cancelled, the CORPORATION shall have the right to cancel this Agreement by giving written • notice in accordance with the Cancellation Section of this Agreement. • • A 'other terms,conditions,agreements and stipulations remain unchanged. • A ached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement Nit. SP 4049999, issued by SAFETY NATIONAL CASUALTY CORPORATION of St Louis, Missouri to CITY OF R;NTON,dated January 01,2014. SAFETY NATIONAL CASUALTY CORPORATION • 44.gle— AP-1%41Stk President Secretary • • • • • • • II II . { . 11 I III 1 1 111 1061 101207(XWC)) IT ENDORSEMENT POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE • Effective 12:01 A.M., Local Time,January 01, 2014 IT In consideration of the payment of premium and adherence by both parties to the terms of this Agreement,it is, • [!Thereby understood and agreed as follows: Coverage for workers'compensation losses caused by certified acts of terrorism is included in this III Agreement as set forth ilinder the Terrorism Risk Insurance Act of 2002 as amended(“the Act'). For purposes of this Endorsement,a'certified act of terrorism"is defined as any act: • � p po i concurrence with the Secretaryof State and a. That is certified bythe Secretaryof the Treasuryin . the Attorney General of the United States,to be an act of terrorism;and, 1 b. That is violent or dangerous to human life, properly or infrastructure;and, • c. That results in damage within the United States,or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission;and, d. That has been committed an individual or individuals as part of an effort to coerce the civilian Taby I • population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for such.losses is still subject to all terms, definitions, exclusions, and conditions[ in your . 1 Agreement, and ariy applicable federal and/or state laws, rules, or regulations. Under the Act, terrorism • losses would be partiallyreimbursed the U.S. Government under a formula established by the Act. - by ' Under.this formula, the U.S. Government would generally reimburse 85% of covered terrorism losses 9 Y ' ' exceeding a deductible!paid by the CORPORATION. The Act contains a $100 billion cap that limits the reimbursement from the U.S. Government as well as from all insurers. If aggregate insured losses[for,all . .insurers exceed$100 billion,the EMPLOYER's coverage may be reduced. I I ' The portion of the EMPLOYER'S annual premium that is attributable to coverage for losses caused by a certified act of terrorism'is: 0.5%. • [[All other terms,conditions,agreements and stipulations remain unchanged. • Attached to'and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4049999, issued by SAFETY NATIONAL CASUALTY CORPORATION of St Louis, Missouri to CITY OF RENTON,dated January 01,2014. 1 11 • SAFETY NATIONAL CASUALTY CORPORATION 1 ' Il;ll 1 Iv: ,i,c, )40Jw-filk,lik.,A*Alk--'"- 11 President 111 Secretary r ry II i II • 11 I • • SAFETY NATIONAL CASUALTY CORPORATION PRIVACY STATEMENT Ou Commitment To Our Customers To Whom Do We Disclose Your.Information Sa ety National Casualty Corporation ("Safety We will not disclose any non-public,' personal • Na ional") is proud to have provided quality information about our customers or former pr ducts and services to its customers for over 50 customers, except as permitted by law. I That ye•,rs. We greatly appreciate the trust that you means we may disclose information we ;have ano all of our customers place in us. We protect collected about you to the following types of third tha, trust by respecting the privacy of all of our parties: cu tomers, both present and past. The following will explain our privacy practices so that you•will • Our affiliated companies (Members and uneerstand Our commitment to your privacy. subsidiaries of the Tokio Marine Holdings, Inc. group of companies). W Respect' Your Privacy • Your agent or broker. en you apply to Safety National for any type ofI ▪ Parties who perform a business or insurance function for Safety National, including reinsurance, underwriting, claims ins N Pence, you disclose information about you to us. The collection, use and disclosure of such inf rmation is regulated by law. Safety National administration or adjusting, investigation,' loss an its affiliates maintain physical, electronic and control and computer systems companies. • • pro`edural safeguards that comply with state and fed:,ral regulations to . guard your personal • Other insurance companies or agents as inf mation. Our employees are also advised of reasonably necessary concerning your the importance of maintaining the confidentiality of application, policy or claim. yo information., • Insurance regulatory or statistical reporting agencies. T es Of Information We Collect . Sa sty National obtains most of our information • Law enforcement or governmental authorities directly from you, your agent or broker. The in connection with suspected fraud or illegal application you complete, as well as any additional activities. inf Ir,mation you provide,generally gives us most of • ' the 'details we need to know. Depending on the • Authorized persons as ordered by subpoena, nat x re of your insurance transaction, we may need warrant or court order,or as required by law. further details about you. 1 We,may obtain information from third parties, such We do ngl, disclose any non-public, personal . as other' insurance or reinsurance companies, information about you to non-affiliated companies me ical providers, government agencies, for marketing purposes or for any other purpose g except those specifically allowed by law 1 and information clearinghouses and other public rec4a described above. rds.We may also obtain information about you frorp your other transactions with us, our affiliates or Others. • Independent Sales Agents or Brokers Your policy may have been placed with us through What Do With Your Information an independent agent or broker ("Sales Agent"). Info' a We has collected about will Your Sales Agent may have•gathered information be retained thatin our beenfiles. Wel will reviewutyou yourwi about you. The use and protection of information obtained by your Sales Agent is 1,their infoyrralion in evaluating your request for responsibility, not Safety National's. If you have ins Dance coverage, determining your rates or questions about how your Sales Agent uses or un erwriting risk, servicing your policy or adjusting discloses your information, please contact them clams. We may retain information about our directly. for ter customers and would disclose that info mation only to affiliates and to non-affiliates as des'ribed in this notice or as otherwise permitted . by l w. W '99 99 28 • Disclosure Statement ZURICH It is our pleasure to present the enclosed policy to you for presentation to your customer. ' INSTRUCTION TO AGENT OR BROKER: I WE REQUIRE THAT YOU TRANSMIT THE ATTACHED/ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again,thank you for your interest, and we look forward to meeting your needs and those of your customers. ri • U-GU-873-ACW (06/11) Page 1 of 1 l ll. Disclo lire Statement ZURICH I NOTICE OF DISCLOSURE FOR AGENT&BROKER COMPENSATION II If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensatiOn.com II or call the following toll-free number: (866)903-1192. I I This Notice is provided on behalf of Zurich American Insurance Company II and its underwriting subsidiaries. II I II I I I I I I I I I I; I I i , I�I �II y I II I li I II II U-GU-874-A CW (06/11) Page 1 of 1 I I I I ' Ft ' -M r f. . Iii- j; F , rl " � , .`� ,7s , Gompan !" ,4 _ 3::i , ., 1 Y �qu pment�Breakdown,Protectio�n Coverage Form�6Declarations .r. ;Issuing Company: 'Zurich American Insurance Company 'IProducer Name Risk Placement Services,Inc Tr Policy Number ,BM 9307613-11 Premium 11$13820 11,II Coverage:, �' E ui ment Breakdown includin 1'Partici ation•t r „ o li q p g P ;100 to of Program Limits as Listed Below II rr ]urisdictional Inspections Policy"Period:; From -.T gT o , 1 , , , 1/1/2014 hl11/1/2015 I - (12 01 AM standard rime-at your mail ig address (12:014AM'standard time at your mailine addre s, .'shown.above)._. r ; pshoern,aboe}" , Named•Insured and Mailing Address:. • _ • ''' -City of Renton j 1055 S.Grady Way I - I_,_, ,Re nton, WA 98055 Covered See Endorsement#2 Premises: 'Coverages and Limits: ti , Insurance applies only to a'coverageor which a Limit,of Insurance; a number,of Days/Hours or r the word INCLUDED is shown: If INCLUDED is shown,then the limit for that coverage-is part of the Limit per Breakdown.: 'Coverage: '' I. (Limit of Insurance o IDays/Hours P Y • 1 1$50,00000 " ------- — — Property Dama g. • ' e• 0, Expediting Expense I Included me and Extra Expense: dn. nco Business I P �Include e Y• ,- p Included within Busine I.Extra Eicp nse Only,: : s : ',-.� - `------ ---_ - -- ---- ---- -- -- ---1 , „ . ,„ ss Income Coverage Extended Period of Res toration:_ ,„ {365 ?days' Dataor Media: -.l 1 2,50 , 0_ I Spoilage Damage: • , : Included - •-1. ,:', Utility Interruption `$20,000,000 I Coverage applies only if the_ - interruption of services lasts at ir,-'01 ,I . •Ileast: , 'hours.. , NewlyAc uired,Premises:_ :y Intl ' -_-.--_---"_ q I,, Included 11365 1 day d ' Ordinance,or L u aw Covera e:; ;"I I 2 500 000 o.. Errors and Omissions Included 1 Brands and Labels: Included Contingent Business Income and Extra l 2,500,000 Expense: :.. . �� C_ontingent Extra Expense Only____ Included within Contingent Business Income _ . __ ,'':Coverage II, I . , . c,.-.-_.,,,e...•.,...,•-•,,,,_,,,,, ,t ,,„.,,•,,,,•;,„:„••••,t[••••I'Yr&•,-', •••,`-',1''s•-,•1.?:`.-'-..' :',11,P411;4•41111•PJ;10':•'1.•4•••111!::,:,,V,!•,,,-,-,;',,"--,:r•••,,i,'•'11:11,,i' .J.1111.",'"',1.'•,,,'_''.;';17-__;1-7.14111,•4', ,L,K.:,-,;,,..-.•y_,1_,,.',__-•,...,-,_,.,,,,,,rvr,y:,_i!t,--:,1,.,,,,,,i:iim,._-:,. overage:Li ni itations:- .::.z5f•,-,,,-_::,,:g,i,,:.,::•,-..,,,, ,,i7,,:,,,..:,_•?,',,Ff-,,:,,;,,:,_;,;.L.1_,-,:::,-,,4_,,,,.-:,;',,;:•1,-:„4,,,,V,,,,,zi-,j;,,-1',,,,,-7,,;,,-A,--•.,,,,r..",....'7,',.;..-::';,;,.:,,•.,•:.•' -••,-;41.','',.',.'1..-F•4, ,,t:.Z,,••.•,,',,;,'4,t-'1 .--.-•`4'.,..; U'Ole :!ghigl•ik:lirrlit.04IN:CLUbtols shinth,--the'rlc4'+i,,re=•.,;,,,,filr66jiifOr,dieecf-damade--6-,: oveced'prOpeityi,ls,%25006',(15;000;fdt Fungus Wet k6t4a nR?i-pRat) or,,pach'.orthe'.folloliiiing,--.1-tiesedirnIts-ar '.,parVof.,not:irraddititinto';.1_thei Ft opertyOla'reag kLIm it,per Breakdown, iiii0ii..weekOi'iiiiiaiii'iiiii:If-I4A;-= ,.,;.*`-'.,:17,:,..-;-!'-':,,,I1J41r!'adtl-L!'.'1411'0:Liii-6iiir-'iliotiiiiiiiiii:D6I.ROt,4Y-gaiiiiaiiii-deoiiidiiie,'1130 r;4,A - , ,,,r,,,,-!-:::„, 0,-vlik.,i,L,;-_;'Ifil':,,I.,,-4:j.,,,.,,:thl,,,,.,,i,,,L,41.,.14,•:.,...-6;,,,i4i-•., '':•.:3';;' `--... -'1,---:'-;',7'.-E'f'i",-;---,-- 't;'F!. 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'Extria,rrEirpe.nie!orExtra Orpense-Only;4:g..t-;,5i .eai,',4r.'f',:.1,,.!,,,,..ir,.,- .'fi''--.7ii,'.f"j4ri&,,,..t,it',:ii.-5-j:`,'Irdl.,,l14[kii :J9,1,Lid'Ilr,•••'t,.^'At,•-'''.C.E .".:-:f;:.:';:.*:-'.-1,:,11; ,=1:1.-l'-',71':.1.4ri.i!T:,,P[rfv:!,f-i,,gA,•!. , Ammonia Contamination ...-_,,I,•;•-.1'-, -,-- .,-,:',Irt-,Nirgil':i'.,"1:,, Included • i 04eiippiiitia),'i•Ois :].'- 1.jt,01,i,'4,-:.-:;1,7,!.te!.;1A4zr1g,..;;:2,jr.,6;;Igi'ci;F!, :,.;',Included I i — --- -,'Data4a-rid..Media:i,,,,d1, ....--,,,,,,: fit,,,,,,,,p.,,---.4t,,,.45,-.f;,--Tf:,-,.,-.T, Included I I'laiardiiiii,gniiitinei:' '''''-': '-";51'1%t,'-,..,-.41:-1,1-.1'!1;1',,. .'t..',P4U11,i,:rgill'!,fs-2-5-00 000 - 1 I Wateipiiig'..0-rt..v2,::F,,:;:,1,j,r.:[.,., :r11_.;-‘:---‘,•:5:---;,T1!::'.'''-='; '1V."!:: ::',?,. .11nc1.--uded ___ :''''',.7t1.':'''_' 1.,..:•,p , Z;,.: 2Ly1E,'i_,.I'A.':,.:.':-1,i.'-711,.4il+i,:,4_,,,:i':,.,.W,'.,,,-,F.rr„.r':,„=:7,',.,,,:,,,,,.!,,,';--'_w',-‘,L,_,.;.Y--,.-I,,:1.,,-:,,N-.;::_,:-,'11,,1•:-1-.;!:;,,.,,..,,;1:-.=,-.-P7.:i.7,---3;',,,-3.;,_2-.,,'4A.,-,i,-;-_,.-t.-_sli3l,',:'rn,,:%l-7'i:p",-,-',:-.=':',,.-,--,'5E,-.',:.,,4r*-,.,:,17:s:-'1;,.,"-•,•`t,':._,-,,v•.%:1,1 1_ ConditiOns1id Optional Ccverages: , - 0•!y 1'4r;.,,.-4.,i,41;:f,,__Z---,,i;-;:---- - -------- imiSineSsInCOme Report Date ;-;1,'•'-. . -.1-; - N --2--'. - On File with Company •;:-Business":Intome.Afinual Valuet,'„*. ,'----. ',--.,=,-;,: ;--- ----- ,--.7--`' On File with Company , Businessincometoinsurance Percentage: c..1...-.. ..1,--.''', ,'Coinsurance does not appl 1 i *.' P144T10tic'gcl,.!P.rTIi ;;,: ',.'.,.f.j.,";;: :j17.,'"1,'-;:"-t..'.'"-'7.tS .411,i'!',flIncluded I , 13uried Vesselsrand Piping: "Included ! .r--,i- ----7."',--"'',-.:-.-'"--fra:7--S,":7:-..77 7 77—,'-''7,--7,--,---,','''..- • --,r''.r'- '''.''"'.-' ',7'...-ff2:77i '77-''''"a,r'77;,:' :Mar,V'k'•"'='=', ."':.•.L:=:12"2247'.1.1,77%.:4.,' Civil Authority: 13 weeks-100 Miles ,a iI.;, - M7''''r,'V-07'"Mi-7=7)..LS:22E,'MYr,:;;.7=2.'t7WLE-.2.i,r;T,-,+v'"",Z;,TCZ',iTa.1Er.S3....Zi:Mj:i:_, Z,,7i-TT-La:a1:EEr,-:a:rST:lj::Plg:ir,,:!'riavza,zzzmvLZ Unnamed Locations: -;Included Demolition/Inreased Cost of Construction: l .,Included in Ordinance and Law ;Off Premises Property Damage: -i$100,000 ..,.-.,.,Intf:-4.,-..:s... , .. .,.... ..4L.7.7.117.E.LIT.K.,:.„-,1L:Iz,:.`7,i74,16,17.7,ETTI;f:2,--.7.1,,c.,4:-: 1Green Coverage: ilsioo,000 ...,-, L'4.:-.7,-,,i7c.L;:lEMS1=-"g72-'71-7r7=777:=7-7..7"'3'Z-V:' iOmnibus Location Endorsement: • Included 77.Z-Tfl----M,-,c,......---......' ••..--...,,z— • - , ,....,,,--,..,-......."-1•- --•,---•,,[••:,_ 1.1Covered EquipMent Deductible Waiver: ',Included „,..„,...,..,...„,..,:,,,,,,,,,,,.,,„,,,,,,,.„-.7,-,7„,_-,,i,,,,,_,,,,k,:.7-,T,,,7,--,_, -__,,,•,,,,:„,-7--,..--777-777,777-.;1-.,-;,-'77'7.-,7,77;,:47,--,',,..:'''-'77-7. 17'.-914.t",. Special:Provisions i i.,1:,.-4:fLi: rt;::1': . ' -., -. .';'.:1.;':. '::::6C'il"..4"r-;:'''1,t:.:',; il i 1 1: ] I 11 1 I iM..M,... r ,;1 1,,:;..,,t01,:,,...1..-.:',,--,...,_7...4- '_- 4..;5,..-,;,T1T1:,,1- .2=1,i 4.,P:-v?„,a.,-,,,,,__-_,;:',4:,-4!:,,-;:1.v,411,,r,,,.',.-4,. ,,-,,,,,:,..',--,,,1,4 1.-:,.-,.:-:-_-= .:.,4.--,':,,,Imi';',,,:l,.q1::'1,1!1,':•:T ,1.,.:-,,,,:h 1'4.*'....••";•.t -6'-'' -.,-:-'s.17,•••rc,'1.•-IF'i':1,','',i,' '--. '7,-",4.r-.'••4!LI.,-:--.%'•,-;--'..:'-..'•:'•'.,'..-,•'.2'..:`,..,,,I,'T'j;:',.!,1tZ,,--F,',1:,•i' ''-',--rte• ,!:•..;:ti.T.'.i t."1';.;:'-'11-'.,:*?.; i.,:.,...,.-,;,:,:,,,I;-:1,;;„,, ::::::2,;;','',..,.'•-.3',:i.0.1.,• r7E'; ir,.:10it::!i:;,'MZ.'+;',f: . iihe deductible applies' only t?, a coverage.f.or,w)-mc!---,pp;,p,r)719kintyrbpyrp-p.?yA,prthggord'INCL!..,1,9p--;!51.-.§powp:,: F.TNqP,PP„14- hq\,yry,-,q1 .p. o7r,.i-. deductible:fb i-tiL 6 t.,,coverage i tr_1561- ;:i5f.the!Combined Deductible, .::- ,11-:', .°:- ',.',,.-it,:•:,::f--:-.:-:"RI,.;",,-:, ,-- :'Yl'i':,.:1...1,...Iii,f'..i'l„., 7 ..iS,',;;17.''': ':-,'1,k,,1 l't,',,,,,,,`,,,'..,LL,,,'i,--,IS;-,P' _tr'',,-,,,,IV,11.,r;,1,,,id;::-' ,I'Vc-,-..4i, ''-,V.M,..:.',',,,'..'f;:''..1i,,i•i+,4:d1'!,IL'•:4.',:,,':,.:1•,- ',Al 4 t-,•,,,L--,F.,--F„A..',',.1.t.e47i-',.41,[,1.$;,r,,,,',1:EY,-;',':..t,1: -' '''•' ''' ''''' ' i'^"''''::'''''::1'' '':''±''47*'!:''-'''..::'L:":-'' 7-;t:':.-"n'''''..: :-'':'(,r.'..-'':''.':'::;..{.-C-67 :7:3:-:'''''f:;'-'1'!-;:14'7)'-a'L'.i7;:':.,,,'''.''-':6'V 1.;',,,:4,i‘-Ii14:Z"2-:- 7.-, Deductible Description:- ,!: H'''.?,':_1",:::-.'';.%::.±..,,E•-,z.„::;,, %:';':,-,..;,:''''-.- .''' ''../..-,''.'.,2-:.:' ' iiiiiiiCtibleAniOint:', -;',',..,--ZA, '.'7,;...:;_,, ,,':,' .••:- ..:--1.t.„,..;.k„,41. iIr r',,;11,:li'',:,1„..'''''1'-1';-. 1:,„R,,,,..,,,,,j,,,,:::::•,..:-,:n;,._::,:t-:-....„!,:::-jr:H7?,,iit-i,„41,,-7, 1,,A,If.',,,,:?,,,:d.--c,,..-. .1, -..if.i... -i,!..:.7,,, ,,:i!, .::.,.i,FropeFty13a.,„age:,..1',!:,, ,-.:%- .,,..r.,,..!,,, .; :,...... ; 4:.-...2.--j -':, '',", '145,000 1 ' 1 ,„ _,,,-___;,_=, -.-. -.., ..; . :,... ,--i, -, ,' .-;.......-__::::.:11f..a.....2.....:-:::.......„....-77.-_-_....--...:...:.:L=7...•:.-...:_'..7.7.7...I.:....:L__L__ -';,'Business In '6i:0 e.:''''and Extra Expense .i'''':;1:1't.:' '",, ' I.'4,Included within property damage deductible 1 I _r___________ __, Extra Expen e-Only:.,-_ ,.--_,.,„...,..,_,==„,.,„„.-,,,,,, ,...,...,-..„,,„,,t,..,=;,..„,:-. 'Included within property damage deductible,':1 •.-.,-,,'.',.,i'icl-,L4.4,,,A.'.,,,A;,,qH.!E,-1;!*1,t-',7.',-:1--,,,'.7,:,; L,„,„.,,... ..„. P0age,,Da.if!age: ,, ,'..,;iir,:::',!1,-,4I-41,:-g-;:;„ -:,.;:„?,:,:-,. -il.,:,,x-..,%;',.. ' - . . . included within property damage deductible I ! COitipg'ent:::Oqine4IP.cCM167Eiitfa-'-5)TPP:0--.t14.':TI.:'.,..':;.r,k.',ift,-:::1,:;-6-'..--4Included within property damage deductible ------ , A-rtiliiiphipCpita0n4ti.O0):',..1E."-,`'!''i::: -':..tg.:;77,- ; ;'i771,'.',-,0'i4:1 -_ - _,;1'6':---liIncluded within property damage deductible I Utility Interruption 1Coverage applies only if the interruption of services lasts at ''''',•,,f:r14;,iz„;'„-,f ,,ri'r:.,',!fjr.,5F;7",1;7lr-F:777FT,T,:,i;::f:77i:Tf17:7";TiR7.;Tt,FFIAI.,2,;; 91east 4 hours ___ ,...,....,_ _ ......, ___... _ ....______......., I , i I , . . . . I , • I , , • . , , f Forms,"Endorsements'and Schedulesc -' t'i ] "' E h _1r CIr,�i dr,{I ;,r .4sy.:•`-`r. 5,:• t ,,4 i r , „ a•,. 1 +.,i t "�i f �_ 1 Forni,Endorsement;Schedule =Form;Endorsement,Schedule Description Number: -' . .. "' EB 00 20 01 13� € Equipment Breakdown Protection Coverage Form IL 01 46 08 10 [Common Policy Conditions _ v ,—�— sU-GU-692_-_C CW(06/13) :!Disclosure of Premium ( Relating to Disposition of TRIA) U-GU-767-A CW (01/08) s 1Cap on Losses from Certified Acts of Terrorism-Endorsement 1 II 1U-GU-1041-A(03/11) ( Advisory Notice to Policy Holders regarding OFAC 1U-GUv19-F(01/09) In Witness Clause iEB 99 62 09 10 [Covered Equipment Deductible Waiver IEB 99 63 09 10 [`;Off Premises Equipment Coverage E' U-BMS-180 (09 88) - _ Omnibus Location ocation Endorsement ( / ) � -Endorsement 2 _._.�__..._____._.._ ._..__._......,._._...................�__,..�,...._. E U-BMS-180 (09/88) IlUnderground Equipment-Endorsement 3 tU BMS 180(09/88) (!Civil Authority Endorsement 4 „71, .l, 1 _ n.__ - 5 ill-BMS 180 (09/88) Endorsement a � U-BMS-180 (09/-88) [,!Demolition Increased Cost of Construction-Endorsement 6 1 IEB 01 43 ' 07 'Limited Coverage for Fungus,Wet Rot and Dryg Rot-Washington sE- ~i V - =='Whan 1E 0 25'03 09 Lashinton Changes 9 shin I � I i I. I II EQUIPMENT BREAKDOWN EB00200113 EQUIPMENT BREAKDOWN PROTECTION 1 COVERAGE FORM Various I'provisions in this policy restrict coverage. However, if coverage for "Extra Read the entire policy carefully to determine rights, Expense" only is indicated in the duties 1,d what is and is not covered. Declarations, then coverage for Throug 'out this policy, the words "you" and "your "Business Income"is not provided. refer to he Named Insured shown in the Declarations. We will consider the experience lof your The rovidia this nsu anceand "our" refer to the company the business ex erence roukdown" and P probableP Y would have Other 'ords and phrases that appear in quotation had without the Breakdown" in marks have special meaning. Refer to Section F. determining the amount of our payment. Definitions. (2) If you have coverage for "Business A. Cov! ra a Income" and "Extra Expense" or "Extra g Expense"only and: 1. I,overed Cause Of Loss (a) If a number of days is shown in the overed Cause of Loss is a "Breakdown". to Declarations for Extended Period Of 'Fovered Equipment". Restoration Coverage, it will(replace 2. R overages Provided the five consecutive days in the ach of the following coverages is provided if definition of"Period of Restoration". ither a limit or the word INCLUDED is shown (b) If you have coverage for Ordinance for that coverage in the Declarations. If neither or Law, then the "Pe nod of e limit nor-the word INCLUDED is shown, then Restoration" is extended to I include (,hat coverage is not provided. the additional period of time required hese coverages apply only to that portion of for demolition, removal, repair, he loss or damage that is a direct result of a remodeling or reconstruction.! II overed Cause of Loss. (c) If"Media"are damaged or"Data"are . Property Damage • lost or corrupted, we will pay your i1 actual loss of "Business Income" G We will pay for direct damage to "Covered and/or "Extra Expense" during the , Property" located at the premises described time necessary to: 1 in the Declarations. (i) Research, replace or restore the . Expediting Expenses damaged "Media" or !lost or ppi With respect to direct damage to "Covered corrupted"Data"; and II Property", we will pay for the extra cost you (ii) Reprogram instructions !used in necessarily incur to: any covered "Computer (1) Make temporary repairs; and Equipment". II (2) Expedite the permanent repairs or There shall be no coverage for any replacement of the damaged property. "Media" or "Data" that we determine are not or cannot be replaced or c. Business Income And Extra Expense Or restored. ! Extra Expense Only (1) We will pay: Unless a higher limit is shown in the Declarations, we will pay the lesser (a) Your actual loss of "Business of your actual loss of "Business Income" during the "Period of Income" and/or "Extra Expense" up Restoration"; and to 30 days after the "Period of (b) The"Extra Expense"you necessarily Restoration", or$25,000. li incur to operate your business during the"Period of Restoration". � I I I J I EB 0' 20 01 13 ©Insurance Services Office, Inc.,2011 Page 1 of 19 Wolters Kluwer Financial Services i Uniform Formse" Il I , ,d. Spoilage Damage I f. Newly Acquired Premises 1 (1) We will pay for the spoilage damage to We will automatically provide coverage at raw materials, property in process or newly acquired premises• you have finished products, provided all of the i purchased or leased. This coverage begins following conditions are met: at the time you acquire the,pr'operty and (a) The raw materials, property in continues for a period not exceeding the process or finished products must be number of days indicated in the • in storage or' .in the course of being Declarations for Newly Acquired Premises, manufactured; under the following conditions: (b) You must own or be legally liable (1) You must inform .us, in writing, of the under written contract for the raw newly acquired premises as soon as materials, property in process or practicable; I finished products; and (2) You agree to pay an additional premium (c) The spoilage damage must be due as determined by us; to the lack or excess of power, light, (3) The coverage for these premises will be ,heat, steam or refrigeration. subject to the same terms, conditions, (2) We will also pay any necessary. exclusions .'and limitations as other expenses you :incur to .reduce the insured premises; and amount of loss under this coverage. We (4) 'If the•coverages and'deductibles vary will pay such expenses to the extent that for existing premises, then the they do not exceed the amount of loss coverages for the newly• acquired that otherwise would have been payable premises will be the broadest coverage ' under this Coverage Form. and highest limits and deductible e. Utility Interruption applicable to the existing premises. If you have coverage for"Business Income" g. Ordinance Or Law Coverage and "Extra Expense'!, "Extra Expense" only The following applies despite the Ordinance or Spoilage Damage, that coverage is Or Law Exclusion and provided these extended to include'loss resulting from the increases in loss are necessitated by the interruption of utility services, provided all of enforcement of or compliance with any the following conditions are met: ordinance or law that is in force at the time ' (1) The interruption is the direct result of a of the "Breakdown", which regulates the 1 "Breakdown" to "'Covered Equipment" demolition,construction, repair or use of the owned, operated or controlled by the building or structure. With respect to the local private or public utility or distributor building or structure that was damaged as a that directly generates, transmits, result of a"Breakdown": distributes or provides utility. services . (1) We will pay for:. , which you receive; (a) The loss in value of the undamaged (2) The "Covered Equipment" is used to portion of the building or structure as supply electric power, communication a consequence of enforcement of or services, air conditioning, heating, gas, compliance with an ordinance or law sewer, water or steam to your premises; . that requires the demolition of and I undamaged parts of the same (3) The•interruption of utility service to your • building or structure; . premises lasts at least the consecutive (b) Your actual cost to demolish and period of time shown in the clear the site of the undamaged Declarations. Once this waiting period is parts of the same building or • met,. coverage will commence at the structure as a consequence of ' initial time of the interruption and will be enforcement of or compliance with ' subject to all applicable deductibles. an ordinance or law that requires the" ' demolition of such undamaged 1 property; and i Page 2 of 19 ©Insurance Services Office, Inc.,2011 ' EB 00 20 01 13 1 ' i I i II . i I i (c) The increased cost actually and (f) Loss or expense sustained due to II necessarily expended to: the enforcement. of or compliance I with any ordinance or law! which (i) Repair or reconstruct the p damaged or destroyed portions of requires the demolition, repair, ' the building or structure; and replacement, reconstruction, remodeling - or remediation of (ii) Reconstruct or remodel the property due to the presence, i. undamaged portion of that growth, proliferation, spread !or any building or structure 'with activity of"Fungus",wet or dry rot; or buildings or structures of like I materials, height, floor area and (g) Costs associated with! the p style for like occupancy, whether enforcement of or compliance with or not demolition is required on: any ordinance or law which requires any insured or others to test for, ; i. The same premises or on monitor, clean up, remove, contain, I another premises if you so treat, detoxify or neutralize, or in any V , elect. However, if you rebuild way respond to or assess the effects at another premises, the most of"Fungus",wet or dry rot. II we will pay is the increased cost of construction that we (3) If: would have paid to rebuild at (a) The building-or structure is damaged the same premises; or by a, Breakdown" that is covered 71 ii. Another premises if the under this policy; II relocation is required by the (b) There is other physical damage that II ordinance or law. The most is not covered under this policy; and we will pay is the increased (c) As a result of the building damage in cost of construction at the its entirety, you are required to II new premises. comply with the ordinance or law; (2) We will not pay for any: then we will not pay the full amount of (a) Demolition or site clearing until the the loss under this coverage. Ilnstead, undamaged portions of the buildings we will pay only that proportion!of such or structures are actually loss, meaning the proportion that the demolished; - covered "Breakdown" loss bears to the (b) Increase in loss until the damaged or total physical damage. destroyed buildings or structures are But if the building or structure sustains actually rebuilt or replaced and _ direct physical damage that is not approved by the regulating covered under this policy and such - government agency; damage is the subject of the ordinance (c) Loss due to any ordinance or law or law, then there is no Ordinance Or that: Law Coverage under this Coverage Part • even if the building has also sustained (i) You were required to comply with damage by a covered'Breakdown". before the loss, even if the building was undamaged; and h. Errors And Omissions (ii) You failed to comply with; We will pay for any loss or damage, which is not otherwise payable under this (d) \Increase in loss, excess of the Coverage Part, solely because of the items amount required to meet the listed below: I minimum requirement of any ordinance or law enforcement at the (1) Any error or unintentional omission in time of the"Breakdown"; the description or location of property as insured under this Coverage Part or in (e) Increase in loss resulting from a any subsequent amendments; ' substance declared to be hazardous to health or environment by any (2) Any failure through error to include any government agency; premises owned or occupied by you at the inception date of this Coverage Part; I or II II II I EB 06 20 01 13 - ©Insurance Services Office, Inc.,2011 , Page 3 of 19 I' . i I, h " (3) Any error or unintentional omission by (2) You shall use your influence to induce you that results in cancellation of any the contributing or recipient premises to premises insured under this policy. make use of any other machinery, No coverage is provided as a result of any equipment, supplies or premises error or unintentional omission by you in the available in order to resume operations reporting of values or the coverage you and delivery'of services or materials to requested. you, or the acceptance of products or services from you. You shall cooperate It is a condition of this coverage that such with the contributing or recipient errors or unintentional omissions shall be premises to this effect in every way, but reported and corrected when .discovered. not financially unless authorized,by us. The policy premium will be adjusted B. Exclusions j accordingly to reflect the date the premises should have been added had no error or We will not pay for loss or damage caused directly or indirectly byanyof the following. Such loss or omission occurred. t g r. Brands And Labels damage is ecluded, regardless of 'any other 1 cause or event that contributes concurrently or in (1) If branded or labeled merchandise that any sequence to the loss._ is "Covered Property" is damaged by a 1 ii "Breakdown", we may take all or any The exclusions apply whether or not the loss,event part of the property at an agreed or results in widespread damage or affects a appraised value. If so,you may: substantial area. , (a) Stamp the word SALVAGE on the 1. Ordinance Or.Law • merchandise or its containers if the Increase in loss from the enforcement of or stamp will not physically damage the compliance with any ordinance, 'law, rule, 11 merchandise;for regulation or ruling which restricts or regulates 1 (b) Remove the brands or labels if doing the repair, replacement, alteration, use, so will not physically damage the operation, construction, installation, cleanup or merchandise. You must relabel the disposal of"Covered Property". merchandise or its containers to However, the words use and operation shall be comply with any law. eliminated as respects a covered "Breakdown" (2) We will,pay reasonable costs you incur to electrical supply and emergency generating to perform the activity described in equipment located -on the premises of a Paragraphs (1)(a) and (1)(b), but the hospital. total we pay for, these costs and the 2. Earth Movement value of the damaged property will not Earth movement, including, but not limited to, II exceed the applicable Limit of Insurance earthquake, tremors and aftershocks relating to 1 on such property.. earthquake, landslide, land subsidence, mine j. Contingent Business Income And Extra subsidence or volcanic action. Expense Or Extra Expense Only 3. Water Coverage a. Flood, surface water, waves (including tidal (1) Subject to the; same terms and wave and tsunami), tides, tidal water, conditions, the "Business Income" and overflow of any body of water, or spray from "Extra Expense"or"Extra Expense"only any of these, all whether or not driven by coverage provided by this Coverage wind (including storm surge); Part is extended to cover your loss, if b. Mudslide or mudflow; any, resulting from a "Breakdown" to "Covered Equipment" at a premises c. Water that backs up or overflows or is shown in the Declarations, that is not otherwise discharged from a sewer, drain, 11 owned or operated by you which: sump, sump pump or related equipment; ' (a) Wholly or partially prevents the d. Water damage caused by the discharge or delivery of services or materials leakage of a sprinkler system or domestic shown in the Declarations to you or water piping; from you to others for your account; or (b) Results in the:loss of sales at your , premises shown in the Declarations. , • Page 4 of 19 , I ©Insurance Services Office, Inc.,2011 EB 00 20,01 13 1 II > Water under the ground surface pressing c. Ensue from a"Breakdown". on, or flowing or seeping through: 8. ""Fungus",Wet Rot And Dry Rot (1) Foundations, walls, floors or paved Presence, growth, proliferation, spread or surfaces; activity of"Fungus", wet or dry rot. However, if (2) Basements,whether paved or not; a"Breakdown"occurs,we will pay the resulting (3) Doors,windows or other openings; or loss or damage. Waterborne material carried or otherwise This exclusion does not apply to the extent that III moved by any of the water referred to in coverage for "Fungus", wet rot or dry rot is Paragraph a., c. or e., or material carried or provided elsewhere in this Coverage Form and otherwise moved by mudslide or mudflow. then only for that portion of any loss or damage . resulting from the presence, growth, his exclusion applies, regardless of whether proliferation, spread or activity of"Fungus", wet ny of the above, in Paragraphs a. through f., or dry rot as a result of a"Breakdown". i caused by an act of nature or is otherwise (bused. An example of a situation to which this 9. Any virus', bacterium or other microorganism :;xclusion applies is the situation where a dam, that induces or is capable of inducing physical I=vee, seawall or other boundary or distress, illness or disease. However: ontainment system fails in whole or in part, for a. If a "Breakdown" occurs, we will pay the ny reason,to contain the water. resulting loss or damage; 4. uclear Hazard b. This exclusion does not apply to loss or III aa damage caused by or resulting from contaminatuclearreionction, howeverorr diation caused. or radioactive "Fungus", wet rot or dry rot. Such I loss or damage is addressed in Exclusion B.B.; 5. n ar Or Military Action c. Regardless of the application of this . War, including undeclared or civil war; exclusion to any particular loss, the ▪ Warlike action by a military force, including provisions of this Exclusion 9. do not serve 1, action in hindering or defending against an to create coverage for any loss that would actual or. expected attack, by any otherwise be excluded under this Coverage government, sovereign or other authority Form. using military personnel or other agents; or ' 10. Explosion within the furnace of a chemical ▪ Insurrection, rebellion, revolution, usurped recovery type boiler or within the passage from I' power or action taken by governmental the furnace to the atmosphere. ry authority in hindering or defending against 11. Damage to"Covered Equipment" undergoing a any of these. pressure or electrical test. 6. 1,1 n explosion. However, we will pay for loss or 12. Water or other means used to extinguish a fire, amage caused by an explosion of "Covered even when the attempt is unsuccessful) quipment" of a kind specified in a. through g. elow, if not otherwise excluded in this Section 13. Depletion, deterioration, corrosion, erosion or wear and tear. However, if a "Breakdown" !3 occurs, we will pay the resulting (loss or a. Steam boiler; damage. !b. Electric steam generator; 14. A "Breakdown" that is caused by any of the F. Steam piping; following causes of loss if coverage for that cI. Steam turbine; cause of loss is provided by another policy of insurance you have,whether collectible or not: e. Steam engine; a. Aircraft or vehicles; if. Gas turbine; or b. Freezing caused by cold weather; g. Moving or rotating machinery when such explosion is caused by centrifugal force or c. Lightning; mechanical breakdown. d. Sinkhole collapse; 7. Fire or combustion explosion including those e. Smoke; that: f. Riot, civil commotion or vandalism; or . Result in a"Breakdown"; g. Weight of snow, ice or sleet. b. Occur at the same time as a "Breakdown"; ' or EB 0'i120 01 13 ©Insurance Services Office, Inc.,2011 Page 5 of 19 11� � fl I ' , I I15. A "Breakdown" that is caused by windstorm,or • 20. Any indirect result of a "Breakdown" to • hail. "Covered Equipment" except as provided by 16. A delay in, or an interruption of, any business, the "Business Income" and "Extra Expense", manufacturing orprocessing activity except as "Extra Expense" only, Spoilage 'Damage and 'provided by the "Business Income" and "Extra Utility Interruption Coverages. Expense", "Extra Expense" only and Utility 21. Neglect by you to use all reasonable means to Interruption Coverages. save and preserve "Covered Property" from '17. With respect to "Business Income" and "Extra further damage at and after the time of the Expense", "Extra Expense" only and Utility loss. . 1 Interruption Coverages,1 the following additional C. Limits Of Insurance exclusions shall apply: 1. The most we will pay for any and alb coverages • a. The business that would not or could not for loss or damage from any"One Breakdown" have been carried on if the "Breakdown" is the applicable Limit Of Insurance shown in had not occurred; I the Declarations. b. Your failure to use due diligence and 2. Any payment made will not be increased if dispatch and all easonable means to more than one insured is shown in the operate your business.as nearly normal as " Declarations. 1 1 , practicable at the premises shown in the 3. For each coverage in Paragraph A.2., if: Declarations;or • c. The suspension, lapse or cancellation of a a. INCLUDED is shown in the Declarations, contract following a "Breakdown" extending the limit for suchcoverage is part of, not in beyond .the time business could have addition to, theeLimit per Breakdown. resumed if the contract had not lapsed, b. A limit is shown in the Declarations,,we will 11 been suspended or canceled: not pay more than the Limit of Insurance for each such coverage. 18. Any indirect loss following a "Breakdown" to Equipment"that is: "Covered Equipment"that results from the lack 4. For any"Covered q ui P ' or excess of power, light, heat, steam or a. Used solely to supply utility services to your refrigeration except as provided by the premises; "Business Income" and "Extra Expense", b. Owned by'a public or private utility; "Extra Expense only, Spoilage Damage and Utility Interruption Coverages. c. Not in your care, custody or control and for 119. With respect to Utility interruption Coverage, which you are legally liable; and any loss resulting from the following additional d. Covered under this Coverage Form; causes of loss whether or not coverage for that the Limit Of Insurance for Property Damage cause of loss is provided by another policy you stated in the Declarations is replaced by the • have: sum of one dollar. a. Acts of sabotage; • If you are a public or private utility, 4.b. is , replaced b. Collapse; by the following: c. Deliberate act(s) of load-shedding by the b. Owned by a public or private'utility other supplying utility; than you. d: Freezing caused by cold weather; 5. Unless a higher limit or INCLUDED is shown in e.II Impact of aircraft, missile or vehicle; the Declarations, the most we will pay for direct damage as a direct result of a Breakdown' to f. Impact of objects falling from an aircraft or "Covered Equipment" is $25,000 for each of missile; the following. The limits are part of, not in g. Lightning; addition to, the Limit of Insurance for Property I Damage or Limit per Breakdown. 1 h. Riot, civil commotion or vandalism; a. Ammonia Contamination i. Sinkhole collapse; The spoilage to , "Covered, Property" j. Smoke; or contaminated by ammonia, including any k. Weight of snow, ice or sleet. salvage expense. I Page 6 of 19 ©Insurance Services Office, Inc.,2011 EB 00 20101 13 1 II I • Consequential Loss 6. Limited Coverage For"Fungus",Wet Rot III The reduction in the value of undamaged And Dry Rot "Stock" parts of 'a product which becomes a. Property Damage unmarketable. The reduction in value must We will pay for loss or damage by be caused by a physical loss or damage to "Fungus", wet or dry rot only when the another part of the product. "Fungus", wet or dry rot is the direct result • u. Data And Media of a "Breakdown" to "Covered Equipment" that occurs during the policy period. As Your cost to research, replace or restore used in this Limited Coverage,the term loss damaged "Data" or "Media" including the cost to reprogram instructions used in any or damage means: "Computer Equipment". (1) Direct physical loss or damage to o: Hazardous Substance "Covered Property"caused by"Fungus", Anyadditional expenses incurred byyou for wet or dry rot including the ;cost of P removal of the"Fungus",wet or dry rot: the cleanup,"Covered repair or replacement or (a) The cost to tear out and replace any disposal of Property" that is damaged, contaminated or polluted by a "Covered Property" as needed to "Hazardous Substance". gain access to the "Fungus"; wet or II dry rot; and As used here, additional expenses means the additional cost incurred over and above (b) The cost of testing performed after ui the amount that we would have paid had no removal, repair, replacement or "Hazardous Substance" been involved with restoration of the damaged property the loss. is completed, provided there is a reason to believe that "Fungus", wet Ammonia is not considered to be a or dry rot is present. "Hazardous Substance" as respects this (2) The coverage described under limitation. Paragraph 6.a.(1) of this Limited This coverage applies despite the operation Coverage is limited to $15,000. of the Ordinance Or Law Exclusion. Regardless of the number of claims, this . Water Damage limit is the most we will pay for the total The damage to "Covered Property" by of all loss or damage arising out of all water including any salvage expenses. occurrences of 'Breakdovbn" to Covered Equipment" which take place li If,"Fungus", wet or dry rot results from within the 12-month period starting with damage by water as limited in this ' the beginning of the present annual paragraph, loss or damage attributable to policy period. With respect to a "Fungus", wet or dry rot will be: particular occurrence of loss which (1) Limited as described in Paragraphs results in "Fungus", wet or dry rot, we C.6.a.(1)through C.6.a.(5); and will not pay more than a total of$15,000 (2) Part of the Water Damage limit, not in even if the "Fungus", wet on dry rot addition to it. continues to be present or active or recurs in a later policy period. I (3) The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any "Covered Property". If a particular occurrence results in loss or damage by "Fungus", wet or dry rot, and other loss or damage, we will not pay more,for the total of all loss or damage, than the , applicable Limit of Insurance on the affected"Covered Property". li I U - I EB O'.l20 01 13 ©Insurance Services Office, Inc., 2011 Page 7 of 19 Ili I II I If there is covered loss or damage to (b) If a covered loss of "Business "Covered Property", not caused by Income" or an "Extra Expense" was "Fungus", wet or dry rot, loss payment caused by loss or damage other than will not be limited by the terms of this "Fungus", wet or dry' rot, but Limited Coverage, except to the extent remediation of "Fungus", wet or dry that "Fungus", wet or dry rot causes an rot prolongs the "Period of increase in the foss. Any such increase Restoration", we will pay for loss in the loss will be subject to the terms of and/or expense sustained during the this Limited Coverage. delay (regardless of when such a (4) If a Revised Limit is shown in the delay occurs during the "Period of Declarations, the amount of $15,000 in Restoration"), but.such coverage'is Paragraph 6.a.(2) is replaced by the limited to 30 days. The days need amount indicated in the Declarations. not be consecutive. (5) If the Declarations indicates that the (2) If a Revised Number of Days is shown Separate Premises Option applies, then in the Declarations, the number of days 1 the amount of, coverage ($15,000, (30) in Paragraph b.(1)(a) or b.(1)(b) is unless a higher amount is shown in the replaced by the number of days Declarations) is' made applicable to indicated in the Declarations. separate premises as described in the - c. If you have coverage for Ordinance Or Law, Declarations. For each premises so then with respect to Property Damage, described, the amount of coverage is an "Business Income" and "Extra Expense" or °' annual aggregate limit, subject to the "Extra Expense" only, we will not pay under terms set forth in Paragraph 6.a.(2). the Ordinance Or Law Coverage for: r b. Business Income And Extra Expense Or (1) Loss or expense sustained due to the Extra Expense Only enforcement of or compliance with any 1 (1) If you have coverage for "Business ordinance or law which requires the 1 Income" and "Extra Expense" or "Extra demolition, repair; replacement, b.(1)(a)ense Ex " onl , then Paragraph ' reconstruction, remodeling or p yremediation. of• property due to the or b.(1.)(b) applies, provided thatt the the incurred loss or'expense satisfies the presence, growth, proliferation, spread terms and conditions applicable to the or any activity of "Fungus", wet or dry "Business Income" and "Extra Expense" rot; or or"Extra Expense"only coverage. ' (2) The costs associated with the (a) If: enforcement of or compliance with any ordinance or law which requires any (i) The"Breakdown"; or insured or others to test for,.. monitor, (ii) Any damage from water resulting clean up, remove, contain, treat„ from the"B'reakdown"; detoxify or neutralize, or in any way which resulted in "Fungus", wet or respond to or assess the 'effects of dry rot, does not in itself generate a Fungus ,wet or dry•rot. loss of "Business Income" or an 7. Increased Cost Of Loss And Related "Extra Expense", 'but the loss of Expenses For"Green" Upgrades "Business Income" or "Extra a: Property Damage• Expense" is solely due to loss or Coverage is extended to include the damage to property caused by "Fungus", wet' or dry rot, then our additional loss or damage and related payment under "Business Income" expenses incurred by you; that are and "Extra Expense" or "Extra attributable to "Green" upgrades as a direct Expense" only is limited to the result of a "Breakdown" to "Covered amount of loss and/or expense Equipment" that occurs during the policy sustained in a period of not more ' period. As provided in this "Green" than 30'days. The days need not be upgrades coverage,we will pay for: consecutive. (1) Additional expense to repair or replace the damaged "Covered Property"except raw materials, property in process, finished goods and"Stock"; Page 8 of 19 ©Insurance Services Office, Inc.,2011 EB 00 20 01 13 I , 1 I ' I . Ili i II 1;(2) Related additional expenses to: (ii) Additional cost to repair or it (a) Reuse or salvage the damaged replace damaged property solely "Covered Property"; for the purpose of achieving I. points toward certification or (b) Remove, transport and dispose of recertification of the property by a the recyclable damaged "Covered "Green standards-setter". Property" and its construction waste Unless a different limit or INCLUDED is I to appropriate sites; and shown in the Declarations, the most we pay 11 (c) Replace the damaged portions of under this"Green" upgrades coverage is an ; roof section(s) of buildings or amount equal to 25% of the total Property structures with a vegetated roof in Damage loss otherwise recoverable, accordance with the recommended subject to a maximum limit of$100,000. . procedures of a "Green standards- I setter"; b. Business Income And Extra Expense Or Extra Expense Only 1 (3) Additional reasonable and customary If you have coverage for"Business Income" expense to hire the services of an accredited architect or engineer with and "Extra Expense" or "Extra Expense" . respect to any necessary design and only and the terms and conditions engineering recommendations in the applicable to the "Business Income" and course of repair or replacement of "Extra Expense" or "Extra Expense" only damaged portions of the building; and coverage are satisfied,then: (1) If the remediation of the damaged (4) Additional reasonable expense to pay: "Covered Property" using "Green" (a) Fees imposed by the "Green upgrades prolongs the "Period of standards-setter" in order to Restoration", we will pay for loss and/or 4 determine if certification or expense sustained during the delay recertification is appropriate (regardless of when such a delay occurs according to the organization's during the "Period of Restoration"), but standard; such coverage is limited to 30 days. The (b) Fees to test "Covered Equipment" days need not be consecutive. 1 • following its repair or installation as (2). If a Revised Number of Days is shown I4 replacements, when such testing is in the Declarations, the number)of days undertaken in the course of (30) in Paragraph b.(1) is replaced by submitting to the certification or the number of days indicated in the recertification process; and Declarations. l (c) After repair or reconstruction is (3) As used here, the prolonged "Period of completed, to flush out the renovated Restoration" is limited to the additional space and/or conduct air quality days incurred over and above the testing of the renovated space in amount needed had no 1"Green" accordance. with the recommended upgrades been involved with the loss. procedures of a "Green standards- I setter" and for the purpose of c. The coverage provided under this "Green" mitigating indoor air quality upgrades coverage: deficiencies resulting from the repair (1) Does not increase any of the applicable I or reconstruction of the "Covered Limits of Insurance; I Ii Property". • (2) Applies despite the operation of the As used here, additional expenses are Ordinance Or Law Exclusion; and limited to the additional cost incurred over (3) Does not reduce the coverage otherwise and above the amount that we would have applicable for repair or replacement of paid had no the loss.een" upgrades been "Covered Property" that qualified as Green prior to loss or damage, with In addition,we will not pay for any: , comparable materials and products. I (i) Further modification if the Ii "Covered Property" fails to obtain certification, recertification or a specific level of certification; or i II I' EB 0';20 01 13 ©Insurance Services Office, Inc.,2011 Page 9 of 19 1 p • 1 I 7 I D. Deductibles (3) Multiply the daily value in Paragraph (2) 11 1. '.Application Of Deductibles by the number of days shown in the Declarations. We will first subtract this ,We will not pay for lass or damage resulting deductible amount from any loss we from any "One Breakdown" until the amount of would otherwise pay. We will then pay covered loss or damage exceeds the the amount of loss or damage in excess 11 deductible shown in the Declarations for each of the deductible, up to the applicable applicable coverage. We will then pay the Limit of Insurance. amount of covered loss or damage in excess of the deductible, up to the applicable Limit of d. Percentage Of Loss Deductible Insurance. If a deductible is expressed as a Deductibles apply separately for each percentage of loss in the Declarations, we applicable coverage except if: will not be liable for the indicated percentage of gross amount of loss or a. A deductible is shown as COMBINED for damage (prior to the applicable deductible any of the coverages in the Declarations, or coinsurance) insured under the then we will first subtract the combined applicable coverage. deductible amount' from the aggregate amount of any loss,to which the combined e. Minimum Or Maximum Deductibles deductible applies; or (1) If: ' b. More than one "Covered Equipment" is (a) A minimum dollar amount deductible involved in"One Breakdown",then only one is shown in the Declarations; and deductible, the highest, shall apply for each (b) The dollar amount of the Multiple of of the applicable coverages. Daily Value or the Percentage of ,'2. Determination Of Deductibles Loss Deductible is less than the a. Dollar Deductible Minimum Deductible; , If a dollar deductible is shown in the then the Minimum Deductible amount 11 Declarations, we will first subtract the shown in the Declarations "will be the deductible amount from any loss we would applicable deductible. otherwise pay. (2) If: b. Time Deductible ' (a) A maximum dollar amount deductible If a time deductible is shown `in the is shown in the Declarations; and Declarations, we win not be liable for any (b) The dollar amount of the Multiple of loss under that coverage that occurs during Daily Value or the Percentage of that specified time period immediately Lass Deductible is greater than the II following a 'Breakdown". If a time Maximum Deductible; deductible is shown in days, each day shall then the Maximum Deductible amount mean 24 consecutive hours. shown in the Declarations will be the c. Multiple Of Daily Value Deductible applicable deductible. If a multiple of daily,value is shown in the E. Equipment Breakdown Protection Conditions Declarations, this deductible will be The following conditions apply in addition to the calculated as follows: Common Policy Conditions: (1) For the entire premises where the loss 1. Loss Conditions occurred, determine the total amount of "Business Income" -that would have a. Abandonment 1 been earned during the "Period of There can be no abandonment of any Restoration" had no "Breakdown" taken property to,us. place. , (2) Divide the result in Paragraph (1) by the , number of days the business would have been open ,during the "Period of Restoration". The result is the daily value. ii ' 1 Page 10 of 19 " ©'Insurance Services Office, Inc.,2011 EB 00 20 01 13" I I ,I i b Appraisal (e) Send us a signed, sworn proof of P If we and you disagree on the value of the loss containing the information we property or the amount of loss, either may request to investigate the claim. You C' make written demand for an appraisal of rmust equest. this within supply60 days after our , the loss. In this event, each party will select request. We will you with the a competent and impartial appraiser. The necessary forms. I two appraisers will select an umpire. If they (f) Cooperate with us in the cannot agree, either may request that the investigation or settlement :of the . selection be made by a judge of a court claim. - having jurisdiction. The appraisers will state (2) We may examine any insured under hh separately the value of the property and oath, while not in the presence of any amount of loss. If they fail to agree, they will other insured and at such times as may submit their differences to the umpire. A be reasonably required, about any • decision agreed to by any two will be matter relating to this insurance or the binding. claim, including an insured's books and Each party will: records. In the event of an examination, (1) Pay its chosen appraiser; and an insured's answers must be signed. (2) Bear the other expenses of the e. Insurance Under Two Or More I appraisal and umpire equally. Coverages If there is an appraisal, we will still retain If two or more of this policy's coverages I apply to the same loss or damage, we will our right to deny the claim. not pay more than the actual amount of the . Defense loss or damage. I ! We may elect to defend you against suits f. Legal Action Against Us 1 arising from claims of owners of property. I We will do this at our expense. No one may bring a legal action against us under this Coverage Part unless: el. Duties In The Event Of Loss Or Damage (1) You must see that the followingare (1) There has been full compliance with all the terms of this Coverage Part; and done in the event of loss or damage to 1 �I "Covered Property": (2) The action is brought within two years after the date of the"Breakdown'; or (a) Give us a prompt notice of the loss (3) We agree in writing that you have an or damage. Include a description of 11 the property involved. obligation to pay for damage to "Covered Property" of others or until the (b) As soon as possible, give us a amount of that obligation ha's been description of how, when and where determined final judgment ment or the loss or damage occurred. by g arbitration award. No one has the right (c) Allow us a reasonable time and under this policy to bring us into any opportunity to examine the property action to determine your liability. 1, and premises before repairs are g. Loss Payable Clause undertaken or physical evidence of the"Breakdown"is removed. But you (1) We will pay you and the loss payee must take whatever measures are shown in the Declarations for loss due necessary to protect the property to a "Breakdown" to "Covered and premises from further damage. Equipment", as interests may appear. The insurance covers the interest of the . (d) As often as may-be reasonably loss payee unless the loss results from II required, permit us to inspect the conversion, secretion or embezzlement I1 property proving the loss or damage on your part. and examine your books and records. (2) We may cancel the policy as allowed by -the Cancellation Condition. Cancellation Also, permit us to take samples of ends this 'agreement as to the loss damaged and undamaged property payee's interest. If we cancel, we will 1, for inspection, testing and analysis, mail you and the loss payee the same and permit us to make copies from advance notice. your books and records. I' , li EB 00 i20 01 13 ©Insurance Services Office, Inc.,2011 Page 11 of 19 III 11 (3) If we make any payment to the loss (d) Salvaging the damaged "Covered payee, we will obtain their rights against .Property". any other party. k. Transfer Of Rights Of Recovery Against h. Other Insurance Others To Us (1) You may have other insurance subject If any person or organization to or for whom to the same plan, terms, conditions and we make payment under this Coverage provisions as the insurance under this Part has rights to recover damages from Coverage Part. If you do,we will pay our another, those rights are transferred to us share of the covered loss or damage. to the extent of our payment. 11, Our share is the proportion that the That person or organization must do 1 applicable Limit of Insurance under this everything necessary to secure our rights Coverage Part bears to the Limits of and must do nothing after loss to impair Insurance of all;insurance covering on them. But you may waive your rights the same basis. against another party in writing, (2) If there is other insurance covering the (1) Prior to a loss to your "Covered same loss or damage, other than that Property"or covered income. described in Paragraph (1), we will pay - only for the amount of covered loss or (2) After a loss'to your "Covered Property" ' damage in excess of the amount due or covered income only if, at time of from that other insurance, whether you loss,that party is one of the following: can collect on it or not. But we will not (a) Someone insured by this insurance; pay more than the applicable Limit of (b) A business firm: Insurance. i. Privilege To Adjust�With Owner (i) Owned or controlled by you; or In the event of loss. or damage involving (ii) That owns or controls you; or property of others in your care, custody or, (c) Your tenant. ' control, we have the'right to settle the loss This will not restrict your insurance. or damage with the owner of the property.A I. Valuation receipt for payment from the owner of that property will satisfy any claim of yours (1) We will determine the value of"Covered against us. Property" in the event of loss or damage j. Reducing Your Loss as follows: As soon as possible after a "Breakdown", (a) The cost to repair, rebuild or replace the damaged propertywithproperty you must: g (1) Resume business, partiallyor of the same kind, capacity, size or quality on the same site or another completely; site,whichever is the less costly; or II (2) Make up for lost business within a (b) The cost actually and ' necessarily reasonable period of time. This expended in repairing, rebuilding or reasonable period does not necessarily replacing on the same site or end when operations are resumed;and another site, whichever is the less (3) Make use of every reasonable means to costly; reduce or avert loss, including: except we will not pay for such damaged (a) Working extra time or overtime at the property that is obsolete and useless to premises or at another premises you you. own or acquire,to carry on the same (2) If you elect or we require that the repair operations; or replacement of the' damaged (b) Utilizing the property and/or services "Covered Equipment" be done in a of other concerns; manner that enhances safety while (c) Using merchandise or other maintaining the existing function, then we will pay, subject to. the limit of property, such as surplus machinery, insurance, up to an additional 25% of duplicate parts, equipment, supplies the property damage amount for the and surplus or reserve stock you "Covered Equipment" otherwise own, control or can obtain; or recoverable. Page 12 of 19 ©Insurance Services Office, Inc.,2011 EB 00 20 01 13 1 I. 1 II V I II (3) If: (7) We will determine the value of"Covered I (a) Any damaged "Covered Property".is Property" under Spoilage Damage pi protected by an extended warranty, Coverage as follows: or maintenance or service contract; (a) For raw materials, the replacement I'I and cost; IV (b) That warranty or contract becomes (b) For property in process, the void or unusable due to a .replacement cost of the raw "Breakdown"; materials, the labor expended and we will reimburse you for the unused the proper proportion of overhead I costs of nonrefundable, nontransferable charges; and II warranties or contracts. (c) For finished products, the I selling (4) Unless we agree otherwise in writing, if price, as if no loss or damage had it you do not repair or replace the occurred, less any discounts you ' damaged property within 24 months offered and expenses you otherwise following the date of the "Breakdown", would have had. II then we will.pay only the smaller of the: (8) Any salvage value of property obtained II (a) Cost it would have taken to repair or for temporary repairs or use following a replace; or "Breakdown"which remains after repairs are completed will be taken into II (b) Actual cash value at the time of the consideration in the adjustment of any "Breakdown". loss. (5) If all of the following conditions are met, m. The following additional conditions apply to property held by you for sale will be the"Business Income"and "Extra Expense" valued at the selling price as if no loss Coverage: or damage had occurred, less any discounts you offered and expenses you (1) Annual Reports Ij otherwise would have had: You must complete an Annual Report of (a) The property was manufactured by Values form approved by us once each you; year. Your reports must reach us within three months of the annual report date (b) The selling price of the property is shown in the Declarations and each more than the replacement cost, of anniversary of that date. the property; and (2) Adjustment Of Premium (c) You are unable to replace the Upon receipt of the annual reports of property before its anticipated sale. (6) We will payfor loss to damaged "Data" values you furnish us, we will determine g the amount of premium we earned for II or"Media"as follows: the past year. If the amount determined (a) Replacement cost for "Data" or is more than the premium we have "Media" that are mass produced and already charged for this coverage, you commercially available; and . must pay the difference. If thei amount (b) The cost you actually spend to determined is less than the premium we reproduce the records on blank originally charged, we will refund the �I difference. However, the amount we 11 material for all other "Data" or return will not exceed 75% of the "Media", including the cost of premium'we originally charged. gathering or assembling information I' for such reproduction. (3) Coinsurance However, we will not pay for "Data" or This Coinsurance Condition applies only "Media" that we determine are not or if we did not receive your Annual Report it cannot be replaced with "Data" or of Values form within three months of "Media" of like kind and quality or the due date as outlined in Paragraph property of similar functional use. (1). I i I; I II EB 0a;20 01 13 ©Insurance Services Office, Inc., 2011 Page;13 of 19 • II III I i (a) We will not pay the full amount of c. Concealment,Misrepresentation Or any loss if: Fraud (i) The "Business Income Actual This Coverage Part is void in any case of El 1 I Annual Value" at the time of loss fraud, intentional concealment or is greater than the "Business misrepresentation of a material fact by you Income Estimated Annual Value" or any other insured, ' at any time, shown in your latest report; or concerning: I- (ii) Your report was received by us (1) This Coverage Part; more than three months after the . (2) The"Covered Property"; due date, or your report is 1 overdue. E (3) Your interest in the "Covered Property"; (b) Instead, we will determine the most or we will pay using the following steps: (4) A claim under this Coverage Part. (i) Divide the "Business Income d. Liberalization Estimated Annual Value" by the If we adopt any standard form revision for "Business Income Actual Annual general use that would broaden coverage in ' Value" at the time of the this Coverage Part . without additional "Breakdown'; premium, the broadened coverage will ; (ii) Multiply the total amount of the immediately apply to this Coverage Part if covered loss of "Business the revision is effective within 45 days prior , Income" by the.figure determined to or during the policy period. in Step(i); and e. Mortgageholder • (iii) Subtract any applicable (1) The term mortgageholder includes deductible from the amount trustee. ' determined in Step(ii). (2) We will pay for direct t.damage ,to We will pay the amount determined - "Covered Property" due to a in Step(iii) or the"Business Income" ' , "Breakdown"to "Covered Equipment"to and "Extra' Expense" limit of each mortgageholder shown E in the insurance, whichever is less. For the ' Declarations in their I order of remainder, you will either have to precedence, as interests may appear. rely • on other insurance or absorb the (3) The mortgageholder has 'the right to loss yourself. receive loss payment even if the If coverage is provided for more than mortgageholder has started foreclosure one premises, then this Coinsurance or similar action on the "Covered Condition applies separately to each Property". 111 premises. (4) If we deny your claim because of your 2. General Conditions ' acts or because you have failed to a. Additional Insured, comply with the terms of this Coverage or or anization is designated in Part, the,mortgageholder will still have If a persong g the right,to receive loss payment if the this Coverage Part as an additional insured, mortgageholder: we will consider them to be an insured under this Coverage Part to the extent of (a) Pays any premium due under this their interest. . Coverage Part at our request if you b. Bankruptcy have failed to do so; or your (b) Submits a signed, sworn proof of The bankruptcy or insolvencyofyou P Y loss within 60 days after receiving estate will not relieve us of our obligation notice from us of your'failure to do under this Coverage,Part. so; and (c) Has notified us of any change in ownership or material change in risk known to the mortgageholder; All of the terms of this Coverage Part will then apply directly ' to the , I mortgageholder. Page 14 of 19 ; ©Insurance Services Office, Inc.,2011 • • EB 00 20 01 13 I' j I I 1 (5) If we pay the mortgageholder for any (b) Puerto Rico; and ' ' loss and deny payment to you because (c) Canada. of your acts or because you have failed to comply with the terms of this h. Premium And Adjustments • ' Coverage Part: You shall report to. us 100% of the total (a) The mortgageholder's rights under insurable values at each premises every the mortgage will be transferred to year as of the anniversary date. The values us to the extent of the amount we shall be reported separately for eacl of the pay; and coverages provided. Premium for each (b) The mortgageholder's to anniversary will be promulgated for the the ensuing period on the basis of rates in recover the full amount rightof mortgageholder's claim' will not be effect at the anniversary date and for all values at risk. impaired. I At our option, we may pay to the You agree to keep the applicable records I for each policy year available for inspection 1 mortgageholder the whole principal on by our representatives at all times' during the mortgage plus any accrued interest. business hours, during the respective policy In this event, your mortgage and note will be transferred to us and you will pay year, and for a period of 12 months after the end of the respective policy year or after your remaining mortgage debt to us. cancellation of this Coverage Part. ' I (6) If we cancel this policy, we will give written notice to the mortgageholder at i. Suspension least: Whenever"Covered Equipment" is found to (a) 10 days before the effective date of be in, or exposed to, a dangerous condition, cancellation if we cancel for any of our representatives may immediately suspend the insurance against loss from a nonpayment of premium; or "Breakdown" to that "Covered Equipment". (b) 30 days before the effective date of This can be done by delivering or mailing a cancellation if we cancel for any written notice of suspension to: other reason. (1) Your last known address; or (7) If we do not renew this policy, we will (2) The address where the "Covered ' give written notice to the Equipment"is located. mortgageholder at least 10 days before the expiration date of this policy. • Once suspended in this way; your insurance can be reinstated only by an i (8) If we suspend coverage, it will also be endorsement for that"Covered Equipment". suspended as respects the mortgageholder. We will give written If we suspend your insurance, you will get a notice of the suspension to the pro rata refund of premium for that , mortgageholder. "Covered Equipment". But the suspension f No Benefit To Bailee will be effective even if we have not yet made or offered a refund. � No person or organization, other than you, 3. Joint Or Disputed Loss Agreement ; having custody of "Covered Property" will I, benefit from this insurance. a. This condition is intended to facilitate I payment of insurance proceeds when: .i Policy Period, Coverage Territory Under this Coverage Part: (1) Both a commercial property policy and this equipment breakdown protection (1) We cover loss or damage commencing: policy are in effect; (a) During the policy period shown in the (2) Damage occurs to "Covered Property", Declarations; and that is insured by the commercial (b) Within the coverage territory. property. policy and this equipment (2) The coverage territory is: breakdown protection policy; and' (3) There is disagreement between the (a) The United States of America insurers as to whether there is coverage (including its territories and ' or as to the amount of the loss to be possessions); paid, if any, by each insurer under its own policies. • ' EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 " Page 15 of 19 , • lb. This condition does not apply if: (c) The total amount of the loss is (1) Both the commercial property insurer(s) agreed to by you, the commercial and we do not admit to any liability; and property insurers)and us. (2) Neither the commercial property d. If the requirements listed in Paragraph c. insurer(s) nor we contend that coverage above are satisfied, we and the commercial applies under the other insurer's policy. property insurer(s) will make,payments to the extent, and in the manner, described as c. The provisions of this condition apply only if follows: all of the following requirements are met: (1) We will pay, after your written request, (1) The commercial' property policy carried the entire amount of loss that we have by the Named Insured, insuring the agreed as being covered, if any, by this "Covered Property", contains a similar equipment breakdown protection policy provision at the time of the loss or and one-half (1/2) the amount of the damage, with substantially• the same loss that is in disagreement. 1 requirements, procedures and (2) The commercial property insurer(s) will conditions as contained in this condition; pay, after your written request,the entire (2) The damage to the "Covered Property" amount of loss that they have agreed as was caused by al loss for which: being covered, if any, by the commercial (a) Both the commercial property property policy and one-half (1/2) the insurer(s) and we admit to some amount of loss that is in disagreement. liability for payment under the (3) Payments by the insurers of the respective policies; or amounts that are in disagreement, as (b) Either: described in Paragraphs (1) and (2), do (i) The commercial property not alter, waive or surrender any rights of any insurer against any other with insurer(s) does not admit to any regard to the portion of the loss for liability for payment, while we contend that: which each insurer is liable. , i. All liability exists under the (4) The amount in disagreement,to be paid commercial property policy; or by us under this condition' shall not exceed the amount payable under the ii. Some , liability exists under equivalent Loss Agreement(s) of the both the commercial property commercial property policy. policy and this equipment (5) The amount to be• paid under this breakdown protection policy; condition shall not exceed the amount (ii) We do not admit to any liability we would have paid had•no commercial for payment, while the property policy been in effect at the time commercial property insurer(s) of loss. In no event will we pay more contends that: than the applicable Limit Of Insurance i. All liability exists under this shown in the Declarations. equipment breakdown (6) Acceptance by you of sums paid under protection coverage policy; or this condition does not alter, waive or ii. Some 'liability exists under surrender any other rights against us. both the commercial property e. Arbitration policy and this equipment (1) If the circumstances described in breakdown protection policy; Paragraph c:(2)(a) exist and the or commercial property insurer(s) and we (iii) Both the , commercial property agree to .submit our differences to insurer(s)and we: arbitration, the commercial property i. Do not admit to any liability for insurer(s) and we will determine the payment; and amount each will pay and will pay the ii. Contend that some or all insured within 90 days. Arbitration will liabi exist under the other then take place within 90 days after 11 insurer's policy; and payment of the loss under the' terms of this condition. Page 16 of 19 ©Insurance Services Office, Inc., 2011 EBI00 20 01 13 I , '(2) If any of the circumstances described in unless such loss or damage is otherwise Paragraph c.(2)(b) exist, then the excluded within this Coverage Forma commercial property insurer(s) and we b. Does not mean or include: ' agree to submit our differences to arbitration within 90 days after payment (1) Malfunction including but not limited to it of the loss under the terms of this adjustment, alignment, calibration, ' condition. cleaning or modification; Ij (3) You agree to cooperate with any (2) Defects, erasures, errors, limitations or arbitration procedures. There will be viruses in computer equipment and three arbitrators: one will be appointed programs including the inability to by us, and another will be appointed by recognize and process any date for time the commercial property insurer(s). The or provide instructions to "Covered two arbitrators will select a third Equipment"; arbitrator. If they cannot agree, either (3) Leakage at any valve, fitting, shaft seal, may request that selection be made by gland packing,joint or connection; a judge of a court having jurisdiction. A I decision agreed to by two of the three (4) Damage to any vacuum tube, gas tube, or brush; arbitrators will be binding on both parties. Judgment on any award can be (5) Damage to any structure or foundation entered in any court that has jurisdiction. supporting the "Covered Equipment" or any of its parts; Final Settlement Between Insurers The insurer(s) found responsible for the (6) The functioning of any safety or greater percentage of the ultimate loss protective device; or must return the excess contribution to the (7) The cracking of any part on an internal other insurer(s). In addition, the insurer(s) combustion gas turbine exposed to the found responsible for the greater portion of products of combustion. I the loss must pay Liquidated Damages to 2. "Business Income"means the: the other insurer(s) on the amount of the a. Net Income (Net Profit or Loss before excess contribution of the other insurer(s). income taxes)that would have been earned Liquidated Damages are defined as interest from the date the insured invokes this or incurred; and Agreement to the date the insurer(s) that b. Continuing normal operating expenses contributed the excess amount is incurred, including payroll. reimbursed.The interest is calculated at 1.5 3. "Business Income Actual Annual Value" means times the highest prime rate from the the sum of the Net Income and continuing Money Rates column of the Wall Street normal operating expenses incurred, including Journal during the period of the Liquidated payroll that would have been earned had the Damages. Arbitration expenses are not a 'Breakdown"not occurred. part of the excess contribution for which 4. "Business Income Estimated Annual Value" Liquidated Damages are,_, calculated. means the sum of the Net Income and i Arbitration expenses will be apportioned between insurers on the same basis that continuing normal operating expenses the ultimate loss is apportioned. incurred, including payroll as estimated by you in the most recent Annual Report of!Values F. Def nitions form on file with us. ' 1. 'breakdown": 5. "Computer Equipment"means: �. Means the followingdirect physical loss that I P Y Equipment" a. Your programmable electronic equipment causes damage to "Covered that is used to store, retrieve and process and necessitates its repair or replacement: data; and (1) Failure of pressure or vacuum b. Associated peripheral equipment that • equipment; provides communication including input and (2) Mechanical failure including rupture or output functions such as printing or auxiliary bursting caused by centrifugal force; or functions such as data transmission) (3) Electrical failure including arcing; It does not include"Data"or"Media". �II 1 EB 00 +0 01 13 ©Insurance Services Office, Inc., 2011 Page 17 of 19 I'' 4 , II I 6. "Covered Equipment": (8) Vehicle, aircraft, self-propelled a. Means and includes any: equipment or floating vessel including (1) Equipment built to operate under any Covered Equipment" that is 1 p - mounted upon or used solely with any internal pressure or vacuum other than one or more vehicle(s), aircraft, self- , , weight of contents; propelled equipment or floating vessel; 1 1 (2) Electrical or mechanical equipment that (9) Dragline, excavation or construction is used in the generation, transmission equipment including any "Covered or utilization of energy; Equipment" that is mounted upon or (3) Communication equipment and • used solely with any one or more "Computer.Equipment"; and dragline(s), excavation ors construction (4) Equipment in Paragraphs (1), (2) and equipment; (3) that is owned by a public or private (10) Felt, wire, screen, die, extrusion plate, utility and used,solely to supply utility swing hammer, grinding ,disc, cutting services to your premises. blade, nonelectrical cable, chain, belt, However, if Coverage A.2.e. Utility rope, clutch plate, brake pad, nonmetal Interruption is provided, then Paragraph part or any part or tool subject to 6.a.(4)does not apply. periodic replacement; Except for Paragraph 6.a.(4), Utility (11) Machine, or apparatus used solely for Interruption and 'Contingent "Business research, diagnosis, medication, Income" and "Extra Expense" or "Extra surgical, therapeutic, dental or Expense" only coverages, the "Covered pathological purposes including any Equipment" must be located at a premises "Covered Equipment" thai is mounted described in the Declarations and be upon or used solely with any one or owned, leased or operated under your more machine(s) or apparatus unless control. Diagnostic Equipment is,, shown as INCLUDED in the Declarations; or b. Does not mean or include any: (12) Equipment _or any part of such (1) "Media"; equipment manufactured by you for (2) Part of pressure or vacuum equipment sale. • that is not under,internal pressure of its 7. "Covered Property" means any property that: contents or internal vacuum; a. You own; or (3) Insulating or refractory material, but not b. Is in your care, custody or control and for excluding the glass lining of any which you are legally liable. "Covered Equipment"; • (4) Nonmetallic pressure or vacuum 8. "Data"means: equipment, unless it is constructed and a. Programmed and recorded material stored ' used in accordance with the American on"Media"; and Society of Mechanical Engineers b: Programming records used for electronic (A.S.M.E.) code or another appropriate data processing, or electronically controlled and approved code; • equipment. (5) Catalyst; 9. "Extra Expense" means the additional cost you (6) Vessels, piping ,and other equipment incur to operate your business during the that is buried belowground and requires "Period of Restoration" over and above the the excavation of materials to inspect, cost that you normally would have incurred to remove, repair or,replace; operate the business during,the 'same period (7) Structure, foundation, cabinet or had no"Breakdown"occurred. compartment supporting or containing 10. "Fungus" means any type or form lof fungus, the "Covered Equipment" or part of the including mold or mildew and any mycotoxins, , "Covered Equipment" including spores, scents or by-products produced or penstock, draft tube or well casing; released by fungi. i Page 18 of 19 ©Insurance Services Office, Inc.,2011 EB 00 20 01 13 11. "p reen" means enhanced energy efficiency or 14. "Media" means electronic data processing or u e of environmentally-preferable, sustainable storage media such as films, tapes, discs, materials, products or methods in design, drums or cells. construction, manufacture or operation, as 15.'One Breakdown" means if an initial r cognized by a"Green standards-setter". "Breakdown" causes other "Breakdowns", all 12. reen standards-setter" means an will be considered "One Breakdown". All o;Iganization or governmental agency which "Breakdowns" at any one premises that p:,oduces and maintains guidelines related to manifest themselves at the same time and are "w reen" products and practices. "Green the direct result of the same cause jwill be s andards-setters" include but are not limited considered"One Breakdown".. t° 16. "Period of Restoration" means the period of - The Leadership in Energy and time that: Environmental Design (LEED©) program of a. Begins at the time of the"Breakdown"or 24 the U.S. Green Building Council; hours before we receive notice of •: ENERGY STAR, a joint program of the U.S. "Breakdown",whichever is later; and Environmental Protection Agency and the b. Ends five consecutive days after tt)e date U.S. Department of Energy; and when the damaged property at the •: Green GlobesTM, a program of the Green premises described in the Declarations is Building Initiative. repa and sim forr quality „ ed with reasonable speed 13. Hazardous Substance means any substance other than ammonia that has been declared to 17. "Stock" means merchandise held in storage or •e hazardous to health by a government for sale, raw materials, property in process or .bency. finished products including supplies used in their packing or shipping. fll I II I I EB 00 p10 01 13 ©Insurance Services Office, Inc.,2011 Page 19 of 19 I IL01460810 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. I 11 The ,conditions in this endorsement replace any 3. We may cancel 'the Commercial Property • similar conditions in the policy that are less favorable Coverage Part and the Capital Assets Program to the insured. (Output Policy) Coverage Part, if, made a part of this policy, by mailing or delivering to the first A: Cancellation Named Insured and the first Named Insured's 1. The first Named Insured shown in the agent or broker written notice of cancellation at Declarations may cancel this policy by notifying least five days before the effective date of 11, us or the insurance producer in one of the cancellation for any- structure where two or following ways: more of the following conditions exist:• a. Written notice by mail,fax or e-mail; a. Without reasonable explanation, the b. Surrender of the policy or binder; or structure is unoccupied for more than 60 c. Verbal notice. consecutive days, or at least 65% of the rental units are unoccupied for more than Upon receipt of such notice, we will cancel this P P120 consecutive days, unless the,structure policy or any binder issued as evidence of is maintained for,seasonal occupancy or is coverage, effective on the later of the following: under construction or repair; a. The date on which notice is received or the b. Without reasonable explanation, progress policy or binder is surrendered; or toward completion of permanent repairs to b. The date of cancellation requested by the the structure has not occurred' within 60 first Named Insured. days after receipt of funds following satisfactory adjustment or adjudication of 2. We may cancel this policy by mailing or loss resulting from a fire; delivering to the first Named Insured and the first Named Insured's agent or broker written c. Because of its physical condition, the ' notice of cancellation, including the actual ' structure is in danger of collapse; reason for the cancellation, to the last mailing d. Because of its physical condition, a address known to us, at least: vacation or' demolition order has been • a. 10 days before the effective date of issued for the structure, or it I has been cancellation if we cancel for nonpayment of , declared unsafe in accordance with premium; or applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have been cancellation if we cancel for any other removed from the structure, indicating an reason; intent to vacate the structure; except as provided in Paragraphs 3. and 4. ' f. Without reasonable , explanation, heat, below. water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in , substantial compliance with fire, safety and building codes. IL 01 46 08 10 ©Insurance Services Office, Inc., 2010 Page 1 of 4 Wolters Kluwer Financial Services I Uniform Forms 4. I ; 7. If this policy is cancelled, we will send the first • You are an individual; Named Insured any premium refund due. If we I'' cancel, the refund will be pro rata. If the first • A covered auto you own is of the "private Named Insured cancels, the refund will be at passenger type"; and least 90% of the pro rata refund unless the •. The policy does not cover garage, following applies: automobile sales agency, repair shop, a. For Division Two — Equipment Breakdown, service station or public parking place if the first Named Insured cancels, the operations hazards; refund will be at least 75% of the pro rata ie may cancel the Commercial Automobile refund. overage Part by mailing or delivering to the b. If: fist Named Insured and the first Named I 'sured's agent or broker written notice of (1) You are an individual; cancellation, including the actual reason for (2) A covered auto you own is of the cancellation, to the last mailing address known "private passenger type"; t@I us: (3) The policy does not cover garage, •. At least 10 days before the effective date of automobile sales agency, repair shop, cancellation if we cancel for nonpayment of service station or public parking place premium; or operations hazards; and •. At least 10 days before the effective date of (4) The first Named Insured cancels;, cancellation for any other reason if the the refund will be not less than 90%I of any policy is in effect less than 30 days; or_ unearned portion not exceeding $100, plus • At least 20 days before the effective date of 95% of any unearned portion over$100 but cancellation for other than nonpayment if not exceeding $500, and not less than 97% the policy is in effect 30 days or more; or of any unearned portion in excess ofi$500. •4 At least 20 days before the effective date of The cancellation will be effective even if we i cancellation if the policy is in effect for 60 have not made or offered a refund. days or more or is a renewal or continuation 8. If notice is mailed, proof of mailing 'will be policy, and the reason for cancellation is sufficient proof of notice. that your driver's license or that of any driver who customarily uses a covered B. Changes "auto" has been suspended or revoked The policy contains all the agreements between during policy period. you and us concerning the insurance afforded. 5. e will also mail or deliver to any mortgage The first Named Insured shown in the Declarations holder, pledgee or other person shown in this is authorized to make changes in the terms of this policy to have an interest in any loss which policy with our consent. This policy's terms can be ay occur under this policy, at their last amended or waived only by endorsement' issued ailing address known to us, written notice of by us and made a part of this policy. ncellation, prior to the effective date of C. Examination Of Your Books And Records ii ncellation. If cancellation is for reasons other We may examine and audit your books and t N an those contained. in Paragraph A.3. above, records as they relate to this policy at any time t is notice will be the same as that mailed or during the policy period and up to three years elivered to the first Named Insured: If afterward. ancellation is for a reason contained in iaragraph A.3. above, we will mail or deliver D. Inspection And Surveys t d is notice at least 20 days prior to the effective 1. We have the right to: ate of cancellation. Ili a. Make inspections and surveys at any time; 6. otice of cancellation will state the effective b. Give you reports on the conditions we find; •4ate of cancellation. The policy period will end •il n that date. and c. Recommend changes. i Page 21of 4 ©Insurance Services Office, Inc., 2010 IL 01 46 08 10 I I 11 2. We are not obligated to make any inspections, G. Nonrenewal surveys, reports or recommendations, and any 1. We may elect not to renew this policy by • such actions we do undertake relate only to mailing or delivering written notice of insurability and the premiums to be charged. nonrenewal, stating the reasons for We do not make safety inspections. We do not nonrenewal, to the first Named Insured and the undertake to perform the duty of any person or first Named Insured's agent or broker, at their organization to provide for the health or safety last mailing addresses known to us. We will of workers or the public.And we do not warrant also mail to any mortgage holder, pledgee or that conditions: other person shown in this policy to have an a. Are safe or healthful; or interest in any loss which may occur under this b. Comply with laws, regulations, codes or policy, at their last mailing address known to standards. us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before 3. Paragraphs 1.and 2. of this condition apply not the: only to us, but also to any rating, advisory, rate service or similar organization which makes a. Expiration of the policy; or insurance inspections, surveys, reports or b. Anniversary date of this policy if this policy recommendations. has been written for a term of more than 4. Paragraph 2.of this condition does not apply to one year. any inspections, surveys, reports or Otherwise,we will renew this policy unless: recommendations we may make relative to a. The first Named Insured fails to pay the certification, under state or municipal statutes, renewal premium after we have expressed ordinances or regulations, of boilers, pressure our willingness to renew, including a vessels or elevators. statement of the renewal premium, to the E. Premiums first Named Insured and the first Named 'The first Named Insured shown in the Insured's insurance agent or broker, at least Declarations: 20 days before the expiration date; 1. Is responsible for the payment of all premiums; b. Other coverage acceptable to the insured and has been procured prior to the expiration 2. Will be the payee for any return premiums we date of the policy; or pay. c. The policy clearly states that it is not renewable and is for a specific line, F. Transfer Of Your Rights And Duties'Under This subclassification, or type of coverage that is 'Policy not offered on a.renewable basis. Your rights and duties under this policy may not be 2. If: transferred without our written consent except in the case of death of an individual Named Insured. a. You are an individual; If you die, your rights and duties will be transferred b. A covered auto you own is of,the "private to your legal representative but only while acting passenger type"; and within the scope of duties as your legal c. The policy does not cover garage, representative. Until your legal representative is automobile sales agency, repair' shop, appointed, anyone having proper temporary service station or public parking place custody of your property will have your rights and operations hazards; duties but only with respect to that property. IL 01 46 08 10 ©Insurance Services Office, Inc., 2010 ' Page 3 of 4 11 thle following applies to nonrenewal of the b. We will not refuse to renew Liability Commercial Automobile Coverage Part in Coverage or Collision Coverage solely • ace of G.1.: because an "insured" has submitted claims We may elect not to renew or continue this under Comprehensive Coverage or'Towing policy by mailing or delivering to you. and And Labor Coverage. your agent or broker written notice at least c. If we fail to mail or deliver proper notice of 20 days before the end of the policy period, nonrenewal and you obtain other insurance, including the actual reason for nonrenewal. this policy will end on the effective.date of If the policy period is more than one year, that insurance. II we will have the right not to renew or continue it only at an anniversary of its II original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the Q current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not II accepted our offer. II ' I i Ij I ij I! I I � Il I _ ' ' I II i Page of 4 ©Insurance Services Office, Inc., 2010 IL 01 46 08 10 li_ . ZURICH • THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR I POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR.CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. 1 , DISCLOSURE OF PREMIUM 1,1 (RELATING TO DISPOSITION OF TRIA) SCHEDULE certified acts of terrorism throughthe end of the policyperiod based on the (11 Premium attributable to risk of loss from p extension of the Terrorism Risk Insurance Act of 2002,as amended by the Terrorism Risk Insurance Extension Act of 2005, ("TRIA")for lines subject to TRIA and the Terrorism Risk Insurance Program Reauthorization Act of 2007(TRIPRA): None ' 1 1 Ifs TRIA terminates,the portion of this premium attributable to the remaining part of the policy period,as modified by any change,shown in(2)of this Schedule,applies to the risk of loss from terrorism after the termination of TRIA. (2, Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement: No change unless one of the following is completed- , 11 Return Premium:N/A I Additional Premium: N/A I . Iflwe notify you of an additional premium charge,the additional premium will be due as specified in such notice.' *Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Disclosure of Premium 1 C. Possibility of Additional or Return Premium In accordance with the TRIA, we are required to The premium attributable to the risk of foss from provide.you with a notice disclosing the portion of certified _acts of terrorism coverage is calculated your premium, if any,attributable to the risk of loss based on the coverage (if any) in effect at the ' from terrorist acts certified sunder that Act for lines beginning of ,your policy for certified acts of I, subject to TRIA. That portion of your premium terrorism. If your policy contains,a I Conditional attributable is shown in ; the Schedule of this Endorsement, the termination of TRIA or extension endorsement or in the Declarations. of the federal program with certain modifications(as DJ I Disclosure of Federal Participation in Payment of explained in that endorsement) may modify the Terrorism Losses extent of coverage (if any) your policy provides for terrorism. If TRIA terminates or the Conditional The United States Government, Department of the Endorsement becomes applicable to your policy, the ,i Treasury,will pay a share of terrorism losses insured return premium (if any) or additional.premium (if under the federal program. The federal share equals any) shown in(2) of the Schedule will apply. If the 85% of that portion of the 1 amount of such insured level or terms of federal participation change, the I losses that exceeds the applicable insurer retention. premium shown in(1)of the Schedule attributable to ; The Act currently provides for no insurance industry that part of the policy period extending beyond such a or United States government participation in 'change may not be appropriate and We will notify terrorism losses that exceed $100 billion in any one ' you of any changes in your premium. ' calendar year. The federal,program established by the Act is scheduled to terminate at the end of 1 11':, December 31, 2014 unless i extended by the federal, 1 government. r 111' I ' Includes copyrighted material of ISO Properties,Inc.with its permission. ' U-GU-692'-C CW (06/13) 11 Copyright Zurich American Insurance Company 2013 Page 1 of 1 t t CAP ON L•SSES FROM CERTIFIED ACTS OF TERRORISM Insured's Name Policy Number Effective Date Endorsement Number_ _ ;City of Renton I --1[M 9307613-11 1/1/2014 1 1 i • IS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance: Equipment Break.�wn Protection Coverage Form • A. Cap on Losses From Certified Terrorism Losses , "Certified act of t:�i(-rorism"means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General .f the United States,to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act("TRIA"). The Terrorism Risk Insurance Acpl,provides that the Secretary of Treasury shall certify an act•of terrorism: l 1. to be an act .f terrorism; 2. to be a viole IIIt act or an act that is dangerous to human life, property or infrastructure; 3 to have resul led in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of Titl.-i149, United States Code)or a United States flag vessel (or a vessel based principally in the United States,on which United • States incom- tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the olicy or affect the conduct of the United States Government by coercion. No act iay be certified as an act of terrorism if the act is committed as part of the course of a.war declared by Congress(except for workers'compensation)or if losses resulting from the act, in the aggregate for insurance subject to TRIA,do not exceed $5,000,0100. I If aggregate insured losses attributable to one or more"certified acts of terrorism"exceed $100 billion in a Program Year 'January 1 throu. December 31)and we have met our insurer deductible under the Terrorism Risk Insurance Act,we shall not be liable for the pay iii ent of any portion of the amount of such losses that exceeds$100 billion,and in such case insured losses up to that amount ire subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application f Other Exclusions The ter s and limitations of a terrorism exclusion or any other exclusion, or the inapplicability or omission of a terrorism exclusion or any otheii exclusion,do not serve to create coverage which would otherwise be excluded, limited or restricted under this policy. Copyright© 2008 Zurich American Insurance Company U-GU-767-A CW(01/08) Includes copyrighted material of Insurance Service Office,Inc.,with its permission. Page 1 of 1 . I I I iI .0. I . . I i. I " 1 -n Advisor notice to; policy holders regarding g , Y p Y 9 the U.S. Treasury Department's Office of Fore!gn Assets Control ("OFAC") regulations No coverage is provided by this policyholde-notice nor can it be construed to replace any provisions of your policy. You shouldiread your policy and review lyouri 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 the U.S.jTreasury • Department's Office of Foreign Assets Control ("OFAC"). • I Please read this,Notice carefully. I I OFAC administers and enforces sanctions policy based on Presidential declarations of"national emergency". OFAC has identified and listed numerous:' I . • 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 ' htto://www.treasurv.00v/abo ut/oro an izational-structure/offices/Pages/Office-of-Foreio n-Assets-Control.aspx. I I . 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 consideredi!a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When,an insurance policy is considered to be such a blocked or frozen contract,no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. , • -1 11 Includes copyrighted material of Insurance l5ervices Office,Inc.,with its permission. U GU 041-A(3/ ) , ` J Impo ant Notice — In Witness Clause ZURI:CH In return for Ithe payment of premium, and subject to the terms of this policy, coverage is provided as stated in this policy. IN WITNESS WHEREOF, this Company has executed and attested these presents and, where required by law, has caused this Policy to be countersigned by its duly Authorized Representative(s). resident Corporate Secretary QUESTION§ ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint, call or write to the following (please have your policy or claim number ready): Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8am-4pm [CT]) Email: info.source@zurichna.com • • • U-GU-319-F (01/09) Page 1 of 1 I � I 1 II 1 EQUIPMENT BREAKDOWN • EB 99 62 09 10 I 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. II COVERED EQUIPMENT DEDUCTIBLE WAIVER This endorsement modifies insurance provided under the following:g , EQUIPMENT BREAKDOWN COVERAGE PART V1(th respect to a subsequent "Breakdown" to "Coy- 2. The amount of the deductible waived will be e red Equipment" that was repaired or replaced while limited to the deductible amount applied to the covered by this policy, we will waive the property initial loss to repair or replace the damaged damage deductible for a period of two years from the covered piece of equipment. Any, deductible date of the original "Breakdown" should the repaired ' amount remaining will be applied;to any result- part(s)i, replacement part(s) or equipment sustain a ing loss that may have been incurred; and similar"Breakdown"resulting from a similar cause. 1, 13. Only during the time this policy or its replace- ' The deductible waiver shall apply as follows: ment issued by us remains in effect., 'I 1. Solely for the expense to repair or replace the same or replacement covered piece of equip- ' ment that was previously damaged and shall not apply to any resultant damage to any "Covered Property"; ; _ , 11 11 EB 99 62 0910 ©Insurance Services Office, Inc. 2009 Page 1 of 1 El EQUIPMENT BREAKDOWN EB99630910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFF-PREMISES EQUIPMENT COVERAGE This en•orsement modifies insurance provided under the following: EQ IPMENT BREAKDOWN COVERAGE PART A. Coy:rage is extended for loss or damage to "Coy- B. Paragraph 6.b.(8) of Section F. Definitions does ered Property" as a direct result of a "Breakdown" not apply to coverage provided by this endorse- to "1 overed Equipment" while such equipment is ment to the extent that "Covered Equipment" may awa it from the premises described in the Declara- be mounted upon or used solely with a vehicle or tion and is: self-propelled equipment, unless such "Covered 1. •I erated under your control; Equipment" is used in the operation or pro•ulsion of the vehicle or self-propelled equipment. 2. ;tuated at a fixed location and not in transit; a'd ' 3. I use or connected and ready for use. EB 99 6' 0910 ©Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ , 1 @ 1 ZURICH EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 01/01/2014 Policy Number BM 9307613-11 of the Zurich American Insurance Company issued to City of Renton , (name of insured) , is changed as shown below. LOCATION ENDORSEMENT , We agree;with you that the following locations are inserted in the"COVERED.PREMISES" section of the EQUIPMENT BREAKDOWN PROTECTION COVERAGE FORM Declarations Page: OMNIBUS LOCATION DESCRIPTION , AnY,location which is either: ' A. Owned by the Insured,or B. Leased by or operated under the control of the Insured and located anywhere in the Coverage Territory of the Equipment iBreakdown policy form(E.Equipment Breakdown Conditions.2.General Conditions.g.(2)coverage territory). , REPORT OF LOCATIONS AND VALUES It is agreed that the Insured shall prepare as of the date this policy becomes effective,and as of each 12 months therefore,an approved report of locations and values showing the following: A. 1 Each location owned by,leased by or operated under the control of the Insured on the date for which the report ie prepared. B. The Property Damage value of each location as of the date for which the report is prepared. C. The Business Interruption value of each such location estimated for the year commencing on the date for which the report is prepared. It is further agreed that said report shall be filed with the Company not later than 90 days after each said anniversary date. The Company shall compute the policy premium as of the anniversary date based on said report as filed with the Company. Date:01/27/2014 Endorsement No.2 1 U-BMS-180(9/88) ZU ' I C H EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 0 /01/2014 Policy Number BM 9307613-11 of the Zurich American Insurance Company issued to City of Renton (name of insured) is changes ias shown below: The follow ng wording is deleted from the policy: F.Definitio is s "Covered Equipment" b.Does not mean or include (6)Vessels,piping and other equipment that is buried below ground and requires the excavation of materials to inspect, remove,repair or replace; Date:01/27/2014 Endorsement No.3 U-BMS-180(9/88) ZU,RICH • EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 01/01/2014 Policy Number BM 9307613-11 of the Zurich American Insurance Company issued to • City of Renton (name of insured) is changed as shown below. The following wording is added to the policy: IA. Coverage,2.Coverages Provided k.Civil Authority Coverage Extension (1) If you have selected the Business Income Coverage Extension or Extra Expense Coverage Extension,the applicable coverage is extended to the covered loss caused by the action of civil authority that prohibits access to the Covered Premises.The action of Civil Authority must be due to direct physical loss or damage caused by a"Covered Cause of Loss"at locations,other than the Covered Premises,that are within 100 miles of the Covered Premises. (2) Coverage provided under k.(1)above will commence 24 hours after the time of the civil authority action and will continue for a period up to 3 consecutive weeks. Date:01/27/2014 Endorsement No.4 U-BMS-180(9/88) 0 • EQUIPMENT BREAKDOWN ZU IIRI C H PROTECTION COVE12AGE • ENDORSEMENT Effective 01/01/2014 Policy Number BM 9307613-11 of the Zurich American Insurance Company issued to City of Renton (name of insured) is change II The following is added to the policy: MISCELLANEOUS UNNAMED LOCATIONS P,he Company will pay for direct physical loss of or damage caused by a Covered Cause of Loss at a Location,as well as 'mmonia Contamination,Spoilage Damage,Consequential Loss,Utility Interruption and for the actual Time Element loss •'stained by the Insured,during the Period of Liability,resulting from the Suspension of the Insured's business activities if such uspension is caused by the direct physical loss or damage to: Covered Property at a Location that has been reported to the Insurer,but agreed by the Insurer not to be described •,.Covered Property at a Location that has not been reported to the Insurer and is under the Insured's care,custody and control;or • .Covered Property at a Location that has not been reported to the Insurer and is not under the Insured's care, custody and control is Coverage will not apply for loss or damage that is payable under any other provision in this Policy Date:01/27/2014 Endorsement No.5 U-BMS-180(9/88) 2',URICH EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 01/01/2014 Policy Number BM 9307613-11 of the Zurich American Insurance Company issued to City of Renton (name of insured) is changed as shown below. The following wording is added to the policy: A. Coverage 2.Coverages Provided,g.Ordinance or Law Coverage (1).(d).If you have selected the Business Income Coverage Extension or Extra Expense Coverage Extension,the applicable coverage is extended to cover loss incurred as a direct consequence of coverage provided in g.(1)(a)-(c)above.With regard to loss covered under this paragraph,the"Period of Restoration"is extended to include the additional period of time required for demolition,removal,repair,remodeling or reconstruction and to meet the minimum requirement for the enforcement of any ordinance,law,rule,regulation or ruling in effect at the time of the"Breakdown";provided these increases in loss are necessitated by the enforcement of any ordinance,law,rule,regulation or ruling that is in force at the time of`Breakdown",which regulates the demolition,construction,repair or use of the building or structure. (4) The most we will pay under this coverage Extension for the sum of all covered expenses,including loss covered under any applicable Business Income or Extra Expense coverage,is the Limit of Insurance shown in the Declarations or elsewhere in this Coverage Part for Ordinance or Law(including Demolition and Increased Cost of Construction). The deductible for coverage under this Coverage Extension is INCLUDED within the applicable Property Damage Deductible,Business Income Deductible or Extra Expense coverage,is the Limit of Insurance shown in the Declarations or elsewhere in the Coverage Part Date:01/27/2014 Endorsement No.6 U-BMS-180(9/88) I , EQUIPMENT BREAKDOWN EB 0143 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED COVERAGE FOR FUNGUS, WET ROT AND DRY ROT - WASHINGTON This e dorsement modifies insurance provided under the following: EQ IPMENT BREAKDOWN COVERAGE PART Limits *f Insurance Paragraphs C.6.a.(4), C.6.a.(5) and C.•`I b.(2) are deleted and do not apply. - ry i I � I I ' i I EB 01 4 09 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forms'"' it I EQUIPMENT BREAKDOWN EB 01 25 03 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: EQUIPMENT BREAKDOWN COVERAGE PART A. The introductory paragraphs preceding the list of f. Waterborne material carried or otherwise exclusions in the Exclusions are replaced by the moved by any of the water referred to in following: Paragraph a., c. or e., or material carried or We will not pay for loss or damage caused by any otherwise moved by mudslide or mudflow. of the excluded events described below. Loss or This exclusion applies if any of the above, in damage will be considered to have been caused Paragraphs a.through f.: by an excluded event if the occurrence of that (1) Occurs independently; event: (2) Is caused by an act of nature; 1. Directly and solely results in loss or damage; or (3) Is caused by an act or omission of humans 2. Initiates a sequence of events that results in or animals; or loss or damage, regardless of the nature of any intermediate or final event in that sequence. (4) Is attributable to the failure, in whole or in part, of a dam, levee, seawall or other The exclusions apply whether or not the loss event boundary or containment system. results in widespread damage or affects a sub- stantial area. C. In Loss Condition b. Appraisal in the Equipment B. Exclusion 3.W Water in the Exclusions is replaced Breakdown Protection Conditions, the last sen- by the oo tence is replaced by the following: 3. Water Neither we nor you shall be held to have waived any rights by any act relating to appraisal. a. Flood, surface water, waves (including tidal D. Loss Condition f. Legal Action Against Us in the wave and tsunami), tides, tidal water, over- Equipment Breakdown Protection Conditions flow of any body of water, or spray from any is replaced by the following: of these, all whether or not driven by wind . (including storm surge); f. Legal Action Against Us b. Mudslide or mudflow; No one may bring a legal action against us ,c. Water that backs up or overflows or is oth- under this Coverage Part unless: erwise discharged' from a sewer, drain, (1) There has been full compliance with all sump, sump pump or related equipment; the terms of this Coverage Part; and 'd. Water damage caused by the discharge or (2) The action is brought within two years . leakage of a sprinkler system or domestic after the date of the"Breakdown"; or water piping; (3) We agree in writing that you have an e. Water under the ground surface pressing obligation to pay for damage to "Coy- , on, or flowing or seeping through: ered Property" of others or until the (1) Foundations, walls, floors or paved amount of that obligation has been de- termined by final judgment or arbitration surfaces; award. No one has the right under this (2) Basements,whether paved or not; policy to bring us into any action to de- (3) Doors,windows or other openings; or termine your liability. EB 01 25 03 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an action, you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by itregular mail, registered mail, or certified mail with return receipt requested. � I • ti Page 2 •f 2 ©Insurance Services Office, Inc.,2008 EB 01 25 03 09 ❑ I '