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HomeMy WebLinkAboutInsurance Policies - Flood/StorageTanks/WorkersComp/Equipment/Aviation Commercial (2015-2016) PIC-FL -001 D(03/12) Tokio Marine Specialty Insurance Company COMMERCIAL FLOOD INSURANCE DECLARATIONS ' I Policy Numb-r: P100P002799000000-00 In return for the payment of the premium,and subject to all the terms of this policy,we agree with you to provide the insurance stated in this policy. I 1. Name&Mailing Address: Property Address(if other th p ' CITYat O F RENTON _ SEE ATTACHED SCHEDULE 1055 e RADY WAY RENTON, WA 98057 RENToN WA 98057 NOV 1 6 2015 Mortga•ee(s),Loss Payee(s),Addtl. Interest(s) RECEI ED CITY CLEIRK S OFFICE 2. Policy E ective From 08/16/2015 To 08/16/2016 Both days at 12:01 a.m. standard time 3. Covera•es,Limits of Insurance and Deductibles: The insu er's liability shall attach only to each and every loss in excess of the deductibles stated below. Covera•e Limits of Insurance Deductible Amount Premium Building 'roperty $802,500.00 SEE LOCATION SCHEDULE $1,444.50 Persona Property $423,200.00 SEE LOCATION SCHEDULE $761.76 Busies- Income $0.00 SEE LOCATION SCHEDULE $0.00 TRIA $0.00 Subtotal Premium: $2,206.26 Policy Fee: $25.00 Surplus Lines Tax: $44.63 Stamping Fee: $2.23 FLOOD 'ONE: SEE ATTACHED SCHEDULE Total Amount, $2,278.12 4. Special ( onditions: This insurance applies to the property described above and for which a coverage amount and premium ar stated, and is subjec to the following forms: PIC-FLN-SCH 1(03/12), B0P0429(05/13),TMSIC-Jacket(02/13), PIC-FLN-00,1, PIC-FLN-003(10/13), PIC-FLN-004(10/13), PIC-FLN-005(10/13), PIC-FLN-006(10/13), PIC-FLN-007(10/13), PIC-FLN-008 (05/13), PIC-FLN-009(10/13), PIC-FLN-010(10/13), PIC-FLN-011(10/13), PIC-FLN-012(05/13) Date: 09/00/20 5 Producer:ALLI NT INSURANCE SERVICES, INC. (SEATTLE,WA)720 OLIVE WAY STE 1700 SEATTLE,WA 98101 Surplus Lines Broker:WNC INSURANCE SERVICES, INC.#43330 899 EL CENTRO STREET,SOUTH PASADENA,CA 91010 WNC Insurance Services, Inc. Countersignat re: By: did �s - DISCLAIMER: Authorized Representative THIS CONTRAS T IS REGISTERED AND DELIVERED AS A SURPLUS LINE COVERAGE UNDER THE INSURANCE CODE OF THE STATE OF WASHINGTON, TITLE 48 RCW. IT IS NOT PROTECTED BY ANY WASHINGTON STATE GUARANTY ASSOCIATION W. • Page 1 of 1 1 _ - G 7121— COMMERCIAL FLOOD COVERAGE PART SUPPLEMENTAL SCHEDULE This Schedule forms a part of Policy Number: P100P002799000000-00 Named Insured: CITY OF RENTON Agent* 30607 • DESCRIPTION OF PREMISES&COVERAGES PROVIDED: Insurance at the described premises applies only for coverage's for which a limit of insurance is shown or for which an entry is made. Business Business Loc. Bldg. Building Building Contents Contents Income ' Income Flood No. No. Location Coverage Deductible Coverage Deductible Coverage Deductible Zone 1 1 1900 LIND AVE SW-MAIN BLDG RENTON,WA 98057 $500000 $5000 $423200 $5000 $0 N/A AE 1 2 1900 LIND AVE SW-FIRE TRAINING BLDG RENTON,WA 98057 $302500 $5000 $0 $0 $0 N/A AE • • • • Totals: $802500 $423200 $0 - Page 1 of 1 - I ' NATIONAL FLOOD INSURANCE COMPLIANCE GUARANTEE ENDORSEMENT In consi 4 eration of the payment of the premium for each coverage amount shown and subject to all provisions of this 1"po icy", the insurer specified in the "declaration page" (hereinafter referred to as "we," "our,°' and "us") hereby .grees with the Insured(s) (hereinafter referred to as "you" and "your") to provide the fDllowing complia ce guarantee under the terms of"policy"and this Endorsement as follows: The flood insurance provided under this "policy" is hereby guaranteed to conform to th minimum mandatory private flood insurance requirements of 42 U.S.C. 4012a(b)as amended by Section 100239 of the Biggert-Waters Flood Insurance Reform Act of 2012, in all respects; therefore, to the extent any provision is hereby amended to conform to those minimum mandatory requirements. � I � I I I BOP 1429(05/13) • A ';tip `• }` TOkAINEIO SPLTY 616.617.7900 Fax 610.61.7.79 0 Commercial Lines Policy THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS.A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS TMSIC-JACKET 1(02/13) ` I I i i I I I • • • • IN WITNESS WHEREOF,we have caused this policy to be executed and attested,and,if required by state law, this policy shall not be valid unless countersigned by our authorized representative. President&CEO Secretary TMSIC-J CKET 1(02/13) I I PIC-FLN-001 (03/12) COMMERCIAL FLOOD INSURANCE COVERAGE FORM Various I rovisions in this"policy" restrict coverage. Read the entire policy carefully to determine rights, duties and wha is and is not covered. Throughout this"policy"the words"you" and "your" refer to the insureds shown in the"Declarations." "Insured(s)" include( any mortgagee or loss payee named in the"application"and"Declarations," as well as any other mortgag-e or loss payee determined to exist at the time of loss in order of precedence. The wore "we,""us" and"our" refer to the Company providing this insurance. Other wo ds and phrases that appear in quotation marks have special meaning. Refer to Section IV— DEFINIT •NS. I. C. ERAGE A. Insuring Agreement 'We will pay you for"direct physical loss by or from flood"to your Covered Property if you: 1. Have paid the correct premium; 2. Comply with all terms and conditions of this"policy"; and 3. Have furnished accurate information and statements. We have the right to review the information you give us at any time and to revise your"policy" based on our review. B. I Covered Property 1. Coverage A—Building Property We insure against"direct physical loss by or from`flood"to: I a. The"building"described in the"Declarations"at the"described location." If the"building" is a non-residential"condominium""building"and the Named Insured is the"condominium association," Coverage A includes all"units"within the"building"and the"improvements"within the"units," provided the"units"are owned in common by all"unit"owners. b. We also insure"building" property for a period of forty-five(45)days at another location, as set forth in I.B.3.b.(2) Property Removed to Safety. c. Additions and extensions attached to and in contact with the"building" by means of a rigid exterior wall, a solid load-bearing interior wall, a stairway, an elevated walkway, or a roof. At your option, additions and extensions connected by any of these methods may be separately insured. Additions and extensions attached to and in contact with the"building" by means of a common interior wall that is not a solid load-bearing wall are always considered part of the "building"and cannot be separately insured. d. The following fixtures, machinery, and equipment, which are covered under Coverage A only: (1) Awnings and canopies; (2) Blinds; (3) Carpet permanently installed over unfinished flooring; Page 1 of 23 I PIC-FLN-001 (03/12) (4) Central air conditioners; (5) Elevator equipment; (6) Fire extinguishing apparatus; (7) Fire sprinkler systems; (8) Walk-in freezers; (9) Furnaces; (10) Light fixtures; (11) Outdoor antennas and aerials attached to"buildings"; (12) Permanently installed cupboards, bookcases, paneling, and wallpaper; (13) Pumps and machinery for operating pumps; (14) Ventilating equipment; (15) Wall mirrors, permanently installed; and (16) In the"units"within the"building," installed: (a) Built-in dishwashers; (b) Built-in microwave ovens; (c) Garbage disposal units; (d) Hot water heaters, including solar water heaters; (e) Kitchen cabinets; (f) Plumbing fixtures; (g) Radiators; (h) Ranges; (i) Refrigerators; and (j) Stoves. e. Materials and supplies to be used for construction, alteration, or repair of the insured"building" while the materials and supplies are stored in a fully enclosed "building" at the"described location" or on an adjacent property. f. A"building" under construction, alteration, or repair at the"described location." (1) If the structure is not yet walled or roofed as described in the definition for"building" (see IV.B. 5.), then coverage applies: (a) Only while such work is in progress; or Page 2 of 23 PIC-FLN-001 (03/12) (b) If such work is halted, only for a period of up to ninety(90) continuous days thereafter. (2) However, coverage does not apply until the"building" is walled and roofed if the lowest floor, including the"basement"floor, of a non-elevated building"'or the lowest elevated floor of an"elevated building" is: (a) Below the"base flood" elevation in Zones AH,AE,A1-A30, AR,AR/AE,AR/AH,,AR/A1- A30, AR/A, AR/AO; or (b) Below the"base flood"elevation adjusted to include the effect of wave action in Zones VE or V1-V30. The lowest floor levels are based on the bottom of the lowest horizontal structural member of the floor in Zones VE or V1-V30 and the top of the floor in Zones AH,AE, A1-A30, AR, AR/AE, AR/AH,AR/A1-A30,AR/A,AR/AO. g. Items of property in a"building"enclosure below the lowest elevated floor of an elevated "post-FIRM building" located in Zones Al-A30,AE, AH,AR,AR/A,AR/AE, AR/AH,AR/A1-A30, V1-V30, or VE, or in a"basement," regardless of the zone. Coverage is limited to the following: (1) Any of the following items, if installed in their functioning locations and, if necessary for operation, connected to a power source: (a) Central air conditioners; (b) Cisterns and the water in them; (c) Drywall for walls and ceilings in a"basement" and the cost of labor to nail it, unfinished and un-floated and not taped, to the framing; (d) Electrical junction and circuit breaker boxes; • (e) Electrical outlets and switches; (f) Elevators, dumbwaiters, and related equipment, except for related equipment installed below the"base flood"elevation after September 30, 1987; , (g) Fuel tanks and the fuel in them; (h) Furnaces and hot water heaters; (i) Heat pumps; (j) Nonflammable insulation in a"basement"; (k) Pumps and tanks used in solar energy systems; (I) Stairways and staircases attached to the"building," not separated from it by elevated walkways; • (m)Sump pumps; (n) Water softeners and the chemicals in them,water filters, and faucets installed as an integral part of the plumbing system; (o),Well water tanks and pumps; (p) Required utility connections for any item in this list; and Page3of23 PIC-FLN!001 (03/12) (q) Footings,foundations, posts, pilings, piers, or other foundation walls and anchorage systems required to support a"building." (2) Clean-up. 2. Coverage B—Personal Property - a. If you have purchased business personal property coverage, we insure, subject to Ite s b. and c. below, against"direct physical loss by or from flood"to business personal property inside a fully'enclosed.insured"building": (1) Owned solely by,you, or in the case of a"condominium,"owned solely by the "condominium association"and used exclusively in the conduct of the business aff-irs of the"condominium association"; or • (2) Owned in common'by the"unit" owners of the"condominium association.". We also insure,such business personal property for forty-five(45)'days while stored at a temporary location, as set forth in I.B.3.b.(2) Property Removed to Safety. , • b. When this"policy" covers personal property, coverage will be either for business perso al property or other than business personal property,while within the insured"building," but not both. (1) If this"policy"covers business personal property, it will insure your: (a) Furniture and fixtures; (b) Machinery and equipment; - (c) "Stock"; and (d) Other personal property owned by you and used in your business, subject.to I. C. Property Not Covered. ' (2) If this"policy"'covers other than business personal property, it will insure your personal property,that: ' (a) Belongs to you, or a member of your business, or at your option: (i) Your workers; (ii) Your guests; or ' (b) You may be legally liable for. .. c. Coverage for business personal property includes the following property, subject to I.B 2.a. (1) and (2) above, which is covered under Coverage B only: (1) Air conditioning units installed in the"building"; (2) Carpet, not permanently installed, over unfinished flooring; (3) Carpets over finished flooring; (4) Clothes washers and dryers; • Page4of23 ' 1 • PIC-FLN-001 (03/12) (5) Cook-out grills; (6) Food freezers, other than walk-in, and food in any freezer; (7) Outdoor equipment and furniture stored inside the insured"building"; (8) Ovens and the like; and (9) Portable microwave ovens and portable dishwashers. d. Coverage for items of property in a"building"enclosure below the lowest floor of an elevated"post-FIRM building" located in Zones A1-A30‘,AE,AH,AR, AR/A,AR/AE,AR/AH, AR/A1-A30, V1-V30, or VE, or in a"basement," regardless of the zone, is limited to the following items, if installed in their functioning locations and, if necessary for operation, connected to a power source: (1) Air conditioning units, portable or window type; (2) Clothes washers and dryers; and (3) Food freezers, other than walk-in, and food in any freezer. e. Special Limits We will pay no more than $2,500 for any loss to one,or more of the following kinds of other than business personal property: (1). Artwork, photographs, collectibles, or memorabilia, including but not limited to, porcelain or other figures, and sports cards; (2) Rare books or autographed items; (3) Jewelry, watches, precious and semiprecious stones, or articles of gold, silver, or platinum; (4) Furs or any article containing fur which represents its principal value. f. We will pay only for the functional value of antiques. g. If you are a tenant, you may apply up to 10 percent(10%)of the Coverage B limit to "improvements": (1) Made a part of the"building"you occupy; and - (2) You acquired or made at your expense, even though you cannot legally remove them. This coverage does not increase the amount of insurance that applies to insured other than business personal property. h. If you are a"condominium""unit"owner, you may apply up to 10 percent(10%) of the Coverage B limit to cover loss to interior: • (1) Walls; (2) Floors; and (3) Ceilings; , Page 5 of 23 PIC-FLN1I001 (03/12) • I That are not lc,covered under a"policy" issued to the"condominium association" insuring the "condominium""building." This coverage does not increase the amount of insurance that applies to insured.ausin ss personal property. i. If you are a tenant, other than business personal property must be inside the fully encl sed "building." 3. Coverage C—Other Coverages a. Debris Removal We will pay the expense to remove non-owned debris on or in insured property and o ned debris anywhere. If you or a member of your household performs the removal work, the value of your work will be based on the federal minimum wage. This coverage is subject to a limit of ten percent(10%) of the Coverage A limit shown in the Declarations if the Coverage A limit is$500,000 or greater. This coverage does not increase the Coverage A or Coverage B limit of liability. b. Loss Avoidance Measures (1) Sandbags,Supplies, and Labor We will pay up to$1,000 for the costs you incur to protect the insured "building" ro a "flood"or imminent danger of"flood,"for the following: (a) Your reasonable expenses to buy: (I) Sandbags, including sand to fill them; (ii) Fill for temporary levees; (iii) Pumps; and (iv) Plastic sheeting and lumber used in connection with these items; and (b) The value of work, at the federal minimum wage,that you perform. This coverage for Sandbags,.Supplies, and Labor only applies if damage to insure° property:by or from "flood" is imminent and the threat of"flood"damage is apparen enough to lead a,person of common prudence to anticipate"flood"damage. One of thle following must also occur: a) A general and temporary condition of flooding in the area near the"de cribed location" must occur, even if the"flood"does not reach the insured"bu!ding"; or b) A legally authorized official must issue an evacuation order or other ci it order for the community in which the insured"building" is located, calling for measures to preserve life and property from the peril of"flood." This coverage does not increase the Coverage A or Coverage B limit of liability. (2) Property Removed to Safety Page6of23 • PIC-FLN-001 (03/12) (a) We will pay up to$1,000 for the reasonable expenses you incur to move insured property to a place other than the"described location"that contains the property in order to protect it from "flood"or the imminent danger of"flood." Reasonable expenses include the value of work, at the federal minimum wage, that you perform. (b) If you move insured property to a location other than the"described location"that contains the property, in order to protect it from "flood"or the imminent danger of "flood,"we will cover such property while at that location for a period of forty-five)(45) consecutive days from the date you begin to move it there.The business personal property that is moved must be placed in a fully enclosed "building"or otherwise reasonably protected from the elements. Any property removed must be placed above ground level or outside of the"special flood hazard area." This coverage does not increase the Coverage A or Coverage B limit of liability. c. Pollution Damage We will pay for damage caused by"pollutants"to covered property if the discharge, seepage, migration, release, or escape of the"pollutants" is caused by or results from"flood."The most we will pay under this coverage is$10,000. This coverage does not increase the Coverage A or Coverage B limits of liability. Any payment under this provision when combined with all other payments for the same loss cannot exceed the"replacement cost" of the covered property. This coverage does not include the testing for or the monitoring of"pollutants" unless required by law or ordinance. 4. Coverage D—Increased Cost of Compliance a. General This"policy" pays you to comply with a state or local floodplain management law or ordi Inance affecting repair or reconstruction of a structure suffering"flood" damage. Compliance activities eligible for payment are: elevation, flood-proofing, relocation, or demolition (or any combination of these activities) of your structure. Eligible flood-proofing activities are limited to:- (1) Nonresidential structures; and (2) Residential structures with "basements"that satisfy FEMA's standards published in the Code of Federal Regulations[44 CFR 60.6 (b) or(c)]. b. Limit of Liability We will pay you up to$30,000 under this Coverage D—Increased Cost of Compliance, which only applies to"policies"with "building"coverage(Coverage A). Our payment of claims under Coverage D is in addition to the amount of coverage which you selected on the"application" and which appears in the"Declarations." But the maximum you can collect under this"policy"for both Coverage A—Building Property and Coverage D— Increased Cost of Compliance cannot exceed the maximum permitted under the"Act.' We do not charge a separate deductible for a claim under Coverage D. c. Eligibility Page 7 of 23 PIC-FL:N 4)01 (03/12) (1) A structure covered under Coverage A—Building Property sustaining a loss caused by a "flood" as defined by this"policy" must: (a) Be a repetitive loss structure. A repetitive loss structure is one that meets the following conditions: (i) The structure is covered by a contract of flood insurance. (ii) The structure has suffered "flood" damage on two (2) occasions during a t n (10) year period which ends on the date of the second loss. (iii)The cost to repair the"flood"damage, on average, equaled or exceeded 2 percent(25%) of the market value of the structure at the time of each)"fl'ood" loss. (iv) In addition to the current claim, the"NFIP" must have paid the previous qu?lifying claim, and the state or community must have a cumulative, substantial damage provision or repetitive loss provision in its floodplain management lavl or ordinance being enforced against the structure; or (b) Be a structure that has had "flood"damage in which the cost to repair equals or exceeds 50 percent (50%) of the market value of the structure at the time of the"flood." The state or community must have a substantial damage provision in its floodplain management law or ordinance being enforced against the structure. (2) This Coverage D pays you to comply with state or local floodplain management la s or ordinances that meet the minimum standards of the"National Flood Insurance Proram" found in the Code of Federal Regulations at 44 CFR 60.3. We pay for compliance ctivities that exceed those standards under these conditions: (a) 'c.(1)(a)above. (b) Elevation or flood-proofing in any risk zone to preliminary or advisory"base flo d" elevations provided by FEMA which the state or local government has adopte' and is enforcing for"flood"-damaged structures in such areas. (This includes com liance activities in B, C,X, or D zones which are being changed to zones with"l as'e food" elevations. This also includes compliance activities in zones where"base flood' • elevations are being increased, and a"flood"-damaged structure must comply Yvith the higher advisory"base flood" elevation.) Increased Cost of Compliance coverage does not apply to situations in B, C, X, or D zones where the community has derived its own elevations and is enforcing elevation or flood-proofing requirements for"flood"- damaged structures to elevations derived solely by the community. (c) Elevation or flood-proofing above the"base flood" elevation to meet state]or to al 'freeboard' requirements, i.e., that a structure must be elevated above the"ba a flood" elevation. (3) Under the minimum "NFIP"criteria at 44 CFR 60.3 (b)(4), States and communities must require the elevation or flood-proofing of structures in unnumbered A zones to the°base flood"elevation where elevation data is obtained from a federal, state, or other source. Such compliance activities are also eligible for Coverage D. (4) This coverage will also pay for the incremental cost, after demolition or relocation, pf elevating or flood-proofing a structure during its rebuilding at the same or another site to meet state or local floodplain management laws or ordinances, subject to the exclusion in e. (6) below. { Page8of23 PIC-FLN-001 (03/12) (5) This coverage will also pay to bring a"flood"-damaged structure into compliance wits state or local floodplain management laws or ordinances even if the structure had received a variance before the present loss from the applicable floodplain management requirements. d. Conditions (1) When a structure covered under Coverage A='Building Property sustains a loss caused by a"flood," our payment for the loss under this Coverage D will be for the increased cost to elevate,flood-proof, relocate, or demolish (or any combination of these activities) caused by the enforcement of current state or local floodplain management ordinances or laws. Our payment for eligible demolition activities will be for the cost to demolish and clear the site of the"building"debris or a portion thereof caused by the enforcement of current state or local floodplain management ordinances or laws. Eligible activities for the cost of clearing the site will include those necessary to discontinue utility service to the site and ensure proper abandonment of on-site utilities. (2) When the"building" is repaired or rebuilt, it must be intended for the same occupancy as the present"building" unless otherwise required by current floodplain management ordinances or laws. e. Exclusions Under this Coverage D—Increased Cost of Compliance we will not pay for: (1) The cost associated with enforcement of any ordinance or law that requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or'in any way respond to, or assess the effects of"pollutants." (2) The loss in value to any insured "building"or other structure due to the requirements of any ordinance or law. (3) The loss in residual value of the undamaged portion of a"building"demolished as a con- sequence of enforcement of any state or local floodplain management law or ordinance. (4) Any Increased Cost of Compliance under this Coverage D: (a) Until the"building"is elevated, flood-proofed, demolished, or relocated on the same or to another premises; and (b) Unless the"building" is elevated,flood-proofed, demolished, or relocated as soon as reasonably possible after the loss, not to exceed two(2)years. (5) Any code upgrade requirements, e.g., plumbing or electrical wiring, not specifically related to the state or local floodplain management law or ordinance. (6) Any compliance activities needed to bring additions or"improvements"made after the loss occurred into compliance with State or local floodplain management laws or ordinances. (7) Loss due to any ordinance or law that you were required to comply with before the current loss. (8) Any rebuilding activity to standards that do not meet the"NFIP's" minimum requirements. This includes any situation where the insured has received from the state or community a variance in connection with the current flood loss to rebuild the property to an elevation below the"base flood" elevation. (9) Increased Cost of Compliance for a garage or carport. Page 9 of 23 PIC-FLN I001 (03/12) (10) Any structure insured under an"NFIP"Group Flood Insurance Policy. (11) Assessments made by a"condominium association"on individual"condominium"" nit" owners to pay increased costs of repairing commonly owned"buildings" after a'lflo•d" in compliance with State or local floodplain management ordinances or laws. f. Other Provisions All other conditions and provisions of this"policy" apply. C. Property Not Covered ' I We do not cover any;of the following property: 1 1. ,Business personal property or other than business personal property not inside the fully en losed "building"; 2. A"building," and,business personal property in it, located entirely in, on, or over water or s-award of mean high tide, if it was constructed or substantially improved after September 30,1982; 3. Open structures,'including a"building" used as a boathouse or any structure or"building' i to which boats are floated, and personal property located in, on, or over water; 4. Recreational vehicles whether affixed to a permanent foundation or on wheels; 5. Self-propelled vehicles or machines, including their parts and equipment. However, we do ;over self-propelled vehicles or machines not licensed for use on public roads that are: a. Used mainly,toservice the"described location"; or b. Designed and used to assist handicapped persons, While the vehicles or machines are inside a"building"at the"described location"; 6. Land, land values, lawns, trees, shrubs, plants, growing crops, or animals; 7. Accounts, bills, coins, currency, deeds, evidences of debt, medals, money, scrip, stored va ue cards, postage stamps, securities, bullion, manuscripts, or other valuable papers; 8. Underground structures and equipment, including wells, septic tanks, and septic systems; I{ 9. Those portions of walks, walkways, decks, driveways, patios, and other surfaces, all wheth-r protected by a roof or not, located outside the perimeter, exterior walls of the insured"building"; 10. Containers, including related equipment, such as, but not limited to, tanks containing gase or liquids; 11. "Buildings"or"units"and all their contents if more than 49 percent(49%) of the"replaceme t cost" value of the"building" or"unit" is below ground, unless the lowest level is at or above thie"•ase flood"elevation and is below ground by reason of earth having been used as insulation ma erial in conjunction with energy efficient building techniques; , 12. Fences, retaining walls, seawalls, bulkheads, wharves, piers, bridges, and docks; 13. Aircraft or watercraft, or their furnishings and equipment; 14. Hot tubs and spas that are not bathroom fixtures, and swimming pools, and their equipme t such as, but not limited to, heaters, filters, pumps, and pipes,wherever located; Page 10 of 23 PIC-FLN-001 (03/12) 15. Property not eligible for flood insurance pursuant to the provisions of the Coastal Barrier Resources Act and the Coastal Barrier Improvement Act of 1990 and amendments to these acts; 16. Business personal property owned by or in the care, custody, or control of a"unit"owner, except for property of the type and under the circumstances set forth under Coverage B Business Personal Property; or 17. A residential"condominium""building" located in a"Regular Program"community. D. Exclusions 1. We only provide coverage for"direct physical loss by or from flood,"which means that we do not pay you for: a. Loss of revenue or profits; unless purchased or listed in the"Declarations"; b. Loss of access to the insured property or"described location"; c. Loss of use of the insured property or"described location"; unless purchased or listed in the "Declarations"; d. Any additional living expenses incurred while the insured"building" is being repaired or is unable to be occupied for any reason; e. The cost of complying with any ordinance or law requiring or regulating the construction, demolition, remodeling, renovation, or repair of property, including removal of any resulting debris. This exclusion does not apply to any eligible activities that we describe in Coverage D— Increased Cost of Compliance; or f. Any other economic loss. . 2. We do not insure a loss directly or indirectly caused by a"flood"that is already in progress at the date and time: a. The"policy"term begins; or b. Coverage is added at your request. 3. We do not insure for loss to property caused directly by earth movement even if the earth movement is caused by"flood." Some examples of earth movement that we do not cover are: a. Earthquake; b. Landslide; c. Land subsidence; d. Sinkholes; e. Destabilization or movement of land that results from accumulation of water in subsurface land areas; or f. Gradual erosion. We do, however, pay for losses from "mudflow" and land subsidence as a result of erosion that are specifically covered under our definition of"flood" (see IV.A.1.c.and IV.A.2.). Page 11 of 23 PIC-FLN-001 (03/12) 4. We do not insure for direct physical loss caused directly or indirectly by: a. The pressure or weight of ice; b. Freezing or thawing; c. Rain, snow, sleet, hail, or water spray; d. Water, moisture, mildew, or mold damage that results primarily from any condition: (1) Substantially confined to the insured"building"; or (2) That is within your control including, but not limited to: (a) Design, structural, or mechanical defects; (b) Failure, stoppage, or breakage of water or sewer lines, drains, pumps, fixtures, or equipment; or (c) Failure to inspect and maintain the property after a"flood" recedes; e. Water or waterborne material that: (1) Backs up through sewers or drains; (2) Discharges or overflows from a sump, sump pump, or related equipment; or (3) Seeps or leaks on or through insured property; Unless there is a"flood" in the area and the"flood" is the proximate cause of the sewer or drain backup, sump pump discharge or overflow, or the seepage of water; f. The pressure or weight of water unless there is a"flood" in the area and the"flood" is the proximate cause of the damage from the pressure or weight of water; g. Power, heating, or cooling failure unless the failure results from"direct physical loss by or from, flood"to power, heating, or cooling equipment situated on the"described location h. Theft, fire, explosion, wind, or windstorm; I. Anything you or your agent do or conspire to do to cause loss by"flood" deliberately; or j. Alteration of the insured property that significantly increases the risk of flooding. 5. We do not insure for loss to any"building" or business personal property located on land le sed from the federal government, arising from or incident to the flooding of the land by the federal government, where the lease expressly holds the federal government harmless under flood insurance issued under any federal government program. II. , D:DUCTIBLES A. When a loss is covered under this"policy,"we will pay only that part of the loss that exceeds the applicable deductible amount, subject to the limit of liability that applies. The deductible amount is shown in the"Declarations." However, when a"building" under construction, alteration, or repair does not have at least'two rigid exterior walls and a fully secured roof at the time of loss, your deductible amount will be two tim s the deductible that would otherwise apply to a completed"building." Page12of23 PIC-FLN-0011(03/12) B. In each loss from"flood," separate deductibles apply to the"building" and business personal property insured by this"policy." C. No deductible applies to: 1. I.B.3.b. Loss Avoidance Measures; or 2. I.B.4. Coverage D—Increased Cost of Compliance. III. GENERAL CONDITIONS A. Pairs and Sets In case of loss to an article that is part of a pair or set, we will have the option of paying you: 1. An amount equal to the cost of replacing the lost, damaged, or destroyed article; or 2. An amount that represents the fair proportion of the total value of the pair or set that the lost, damaged, or destroyed article bears to the pair or set. B. Concealment or Fraud and Policy Voidance 1. With respect to all insureds under this"policy,"this"policy": a. Is void; b. Has no legal force or effect; c. Cannot be renewed; and d. Cannot be replaced by a new Commercial Flood policy; If, before or after a loss, you or any other insured or your agent have at any time: (1) Intentionally concealed or misrepresented any material fact or circumstance; (2) Engaged in fraudulent conduct; or (3) Made false statements; Relating to this Commercial Flood "policy" or any other"NFIP" insurance. 2. This"policy"will be void as of the date the wrongful acts described in B.1. above were committed. 3. Fines, civil penalties, and imprisonment under applicable federal laws may also apply to the acts of fraud or concealment described above. 4. This"policy" is also void for reasons other than fraud, misrepresentation, or wrongful act. This "policy" is void from its inception and has no legal force under the following conditions: a. If the property is located in a community that was not participating in the"NFIP"on the"policy's" inception date and did not join or reenter the program during the"policy"term and before the loss occurred; or b. If the property listed on the"application" is otherwise not eligible for coverage under the Commercial Flood policy. Page 13 of 23 PIC-FLN-011 (03/12) C Other Insurance • 1. If a loss covered,by this"policy" is also covered by other insurance that includes"flood"co erage, we will not pay more than the amount of insurance that you are entitled to for lost, damage , or destroyed property insured under'this"policy"subject to the following: a. We will pay only the proportion of the loss that the amount of insurance that applies 1un er this "policy" bears to the total amount of insurance covering the loss, unless C.1.b. or c. immediately below applies. b. If the other policy has a provision stating that it is excess insurance, this"policy"will b primary. c. This"policy"will be primary(but subject to its own deductible) up to the deductible in t e other "flood" policy(except another policy as described in C.1.b.above).When the other de uctible amount is reached, this"policy"will participate in the same proportion that the arr;oontbf insurance under this"policy" bears to the total amount of both policies,for the remainder of the loss. 2. If this,"policy"covers a non-residential"condominium association" and there is a flood inIsucance "policy" in the name of a"unit"owner that covers the same loss as this"policy,"then this"policy"will be primary. D Amendments,Waivers, Assignment This"policy" cannot be changed nor can any of its provisions be waived without the express w itten consent of the"carrier." No action that we take under the terms of this"policy,can constitute a waiver of any of our rights. You may assign this"policy" in writing when you transfer title of your prope y to ,someone else, except under these conditions: f, 1. When this"policy"covers only business personal property; or. 2. When this"policy"covers a structure during the course of construction. E Cancellation of Policy by You 1. You may cancel,this"policy" in accordance with the applicable rules and regulations of t e"NFIP." 2. If you cancel this"policy,"you may be entitled to a full or partial refund of premium. F Nonrenewall of the Policy by Us . Your"policy"will not:be renewed: 1. If the community where your covered property is located stops participating in the"NFIP"; or 2. If your"building".has been declared ineligible under Section 1316 of the"Act." e.a Policy Renewal 1. This"policy"will expire at 12:01 a.m. on the last day of the"policy"term.. 2. We must receive the payment of the appropriate renewal premium within ten (10) days f the expiration date. 3. If we find, however,that we did not place your renewal notice into the U.S..Postal Service, or if we did mail it, we made a mistake, (e.g.,we used an incorrect, incomplete, or illegible address)which Page 14'of 23 PIC-FLN-001 (03/12) delayed its delivery to you before the due date for the renewal premium,then we.will follow these procedures: a. If you or your agent notified us, not later than one year after the date on which the payment of the renewal premium was due,of non-receipt of a renewal notice before the due date for the renewal premium, and we determine that the circumstances in the preceding paragraph apply, we will mail a second bill providing'a revised due date, which will be thirty(30)days after the date on which the bill is mailed. b. If we do not receive the premium requested in the second bill by the revised due date, then we will not renew the"policy." In that case, the"policy"will remain an expired"policy" as of the expiration date shown in the"Declarations." 4. In connection with the renewal of this"policy,"we may ask you during the"policy"term to recertify, on a Recertification Questionnaire that we will provide to you, the rating information used to rate your most recent"application"for or renewal of insurance. H. Conditions Suspending or Restricting Insurance We are not liable for loss that occurs while there is a hazard that is increased by any means within your control or knowledge. I. Requirements in Case of Loss In case of a"flood" loss to insured property, you must: 1. Give prompt written notice to us; 2. As soon as reasonably possible, separate the damaged and undamaged property, putting it in the best possible order so that we may examine it; " 3. Prepare an inventory of damaged property showing the quantity, description, "replacement cost," and amount of loss. Attach all bills, receipts, and related documents; 4. Within sixty(60)days after the loss, send us a proof of loss, which is your statement of the amount you are claiming under the"policy"signed and sworn to by you, and which furnishes us with the following information: a. The date and time of loss; • b. A brief explanation of how the loss happened; c. Your interest(for example, you are the owner) and the interest, if any, of others in the damaged property; d. Details of any other insurance that may cover the loss; e. Changes in title or occupancy of the insured property during the term of the"policy"; f. Specifications of damaged "buildings"and detailed repair estimates; g. Names of mortgagees or anyone else having a lien, charge, or claim against the insured property; h. Details about who occupied any insured "building" at.the time of loss and for what purpose; and I. The inventory of.damaged property described in 1.3. above. Page 15 of 23 PIC-FLN-001 (03/12) 5. In completing the proof of loss, you must use your own judgment concerning the amount o loss and justify that amount. �. 6. You must cooperate with the adjuster or representative in the investigation of the claim. 7. The insurance adjuster whom we hire to investigate your claim may furnish you with a pro.f of loss form,-and she'orhe may help you complete it. However, this is a matter of courtesy only, a d you must still send us a proof of loss within sixty(60) days after the loss even if the adjuster do-s not furnish the form or help you complete it. 8. We have not authorized the adjuster to approve or disapprove claims or to tell you whethe we will approve your claim. . .9. At our option, we may accept the adjuster's report of the'loss instead of your proof of loss. he adjuster's report;will include information about your loss and the damages you sustained. ou must sign the adjuster's report. At our option, we may require you to swear to the report. J. Our Options After a Loss Options we may exercise in our sole discretion after loss include the following: 1. At such reasonable times and places that we may designate, you must: a. Show us or our representative the damaged property; b. Submit to examination under oath,while not in the presence of another insured, and si•n the same; and c. Permit us to examine and make extracts and copies of: (1) Anypolicies of property insurance insuringyou against loss and the deed estab is in your � P P Y9 ing of the insured real property; (2) "Condominium association" documents including the Declarations of the"condomi ium," its Articles of Association or Incorporation, Bylaws, and rules and regulations; and 1,. • (3) All books of accounts, bills, invoices and other vouchers, or certified copies pertaining to the damaged property if the originals are lost. 2. We may request; in writing, that you furnish us with a complete inventory of the lost, dama•ed, or destroyed property, including: ' a. Quantities and costs; b., "Replacement costs"; • c. Amounts.of foss claimed; d. Any written plans and specifications for repair of the damaged property that you can re=sonably make available to us; and . e. Evidence that prior"flood" damage has been repaired. S 3. If we give you written notice within 30 days after we receive your signed, sworn proof of Io-s, we may: Ik Page 16 of 23 . r I • PIC-FLN-001 (03/12) • a. Repair, rebuild, or replace any part of the lost, damaged, or destroyed property with material or property of like kind and quality or its functional equivalent; and b. Take all or any part of the damaged property at the value we agree upon or its appraised value. K. No Benefit to Bailee No person or organization, other than you, having custody of covered property will benefit from this insurance. L. Loss Payment 1. We will adjust all losses with you. We will pay you unless some other person;or entity is named in the"policy"or is legally entitled to receive payment. Loss will be payable sixty(60)days after we receive your proof of loss (or within ninety(90)days after the insurance adjuster files an adjuster's report signed and sworn to by you in lieu of a proof of loss)and: a. We reach an agreement with you; b. There is an entry of a final judgment; or • c. There is a filing of an appraisal award with us, as provided in General Condition O.Appraisal. 2. If we reject your proof of loss in whole or in part you may: a. Accept such denial of your claim; b. Exercise your rights under this"policy"; or c. File an amended proof of loss, as long as it is filed within sixty(60) days of the date of the loss. M. bandonment You may not abandon damaged or undamaged insured property to us. N. Salvage e may permit you to keep damaged insured property after a loss, and we will reduce the amou it of the loss proceeds payable to you under the"policy" by the value of the salvage. O. Appraisal If you and we fail to agree on the"replacement cost" of the damaged property so as to determine the amount of loss, either may demand an appraisal of the loss. In this event, you and we will each choose a competent and impartial appraiser within twenty(20) days after receiving a written request from the other. The two appraisers will choose an umpire. If they cannot agree upon an umpire within fifteen (15)days, you or we may request that the choice be made by a judge of a court of record in the state here the insured property is located. The appraisers will separately state the"replacement cost'j'and he amount of loss to each item. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differences to he umpire.A decision agreed to by any two will set the amount of"replacement cost"and loss. Each party will: 1. Pay its own appraiser; and • 2. Bear the other expenses of the appraisal and umpire equally. Page 17 of 23 PIC-FLN-00 (03/12) P. Mortgage Clause The word mortgagee includes trustee. Any loss payable under Coverage A—Building Property will be paid to any mortgagee of wham we have actual notice as well as any other mortgagee or loss payee determined to exist at the pm of loss, and you, as interests appear. If more than one mortgagee is named, the order of payment will e the same as the order of precedence of the mortgages. 1 If we deny your claim,the denial will not apply to a valid claim of the mortgagee, if the mortgagee: 1. Notifies us of any change in the ownership or occupancy, or substantial change in risk of w ich the mortgagee is aware; 1 ,; 2. Pays. any premium due under this"policy" on demand if you have neglected to pay the Pre ium; 'I and 1 3. Submits a signed, sworn proof of loss within sixty(60) days after receiving notice from uls of your failure to do so. All of the terms of this"policy" apply to the mortgagee. The mortgagee has the right to receive loss payment even if the mortgagee has started foredo ure or isimilar action on the"building." ,, If we pay the mortgagee for any loss and deny payment to you, we are subrogated to all thelri hts of the mortgagee granted under the mortgage on the property. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim. Q. Suit Against Us You may not sue us to recover money under this"policy" unless you have complied with all the requirements of the"policy." If you do sue, you must start the suit within one(1) year of the date of the written denial of all or part of the claim, and you must file the suit in the United States District Court of the district in which the insured property was located at the time of loss. This requirementlapplies to any claim that you may have under this"policy" and to any dispute that you may have arising but o the handling of any claim under the"policy." R Subrogation Whenever we make a payment for a loss under this"policy,"we are subrogated to your right to recover for that loss from any other person. That means that your right to recover for a loss tha was partly or totally caused by someone else is automatically transferred to us, to the extent thatiwe have paid you for the loss.We may require you to acknowledge this transfer in writing.After the loss you may not give up our right to recover this money or do anything that would prevent us from' reco ering it. If you make any claim against any person who caused your loss and recover any money,!yourust pay us back first before you may keep any of that money. 1 S, Continuous Lake Flooding 1 1. If your insured"building" has been flooded by rising lake waters continuously for ninety 1901 days or more and it appears reasonably certain that a continuation of this flooding will result in a c vered loss to the insured "building"equal to or greater than the"building" limits plus the deductible or the maximum payable under the"policy"for any one"building" loss, we will pay you the lesser of these two amounts without waiting for the further damage to occur if you sign a release agreeing a. To make no further claim under this"policy"; I I Page 18 of 23 i • 1 PIC-FLN-001 (03/12) b. Not to seek renewal of this"policy"; c. Not to apply for any flood insurance under the"Act"for property at the"described location"; and d. Not to seek a'premium refund for current or prior terms. If the"policy"term ends before the insured"building" has been flooded continuously for ninety(90) days, the provisions of this Paragraph S.1.will apply when the insured "building"suffers a covered loss before the"policy"term ends. 2. If your insured "building" is subject to continuous lake flooding from a closed basin lake, you may elect to file a claim under either Paragraph S.1. above or this Paragraph S.2. (A closed basin lake is a natural lake from which water leaves primarily through evaporation and whose surface area now exceeds or has exceeded one square mile at any time in the recorded past. Most of the nation's closed basin lakes are in the western half of the United States, where annual evaporation exceeds annual precipitation and where lake levels and surface areas are subject to considerable fluctuation due to wide variations in the climate. These lakes may overtop their basins on rare occasions.) Under this paragraph S.2.we will pay your claim as if the"building" is a total loss even though it has not been continuously inundated for ninety(90)days, subject to the following conditions: a. Lake"flood"waters must damage or imminently threaten to damage your"building." b. Before approval of your claim, you must: (1) Agree to a claim payment that reflects your buying back the salvage on a negotiated basis; and (2) Grant the conservation easement described in FEMA's Policy Guidance for Closed Bain Lakes,to be recorded in the office of the local recorder of deeds. FEMA, in consultation with the community in which the property is located,will identify on a map an area or areas of special consideration (ASC) in which there is a potential for"flood"damage from continuous lake flooding. FEMA will give the community the agreed-upon map showing the ASC.This easement will only apply to that portion of the property in the ASC. It will allow certain agricultural and recreational uses of the land.The only structures that it will allow on any portion of the property within the ASC are certain simple agricultural and recreational structures. If any of these allowable structures are insurable"buildings" under the"NFIP"and are insured under the"NFIP,"they will not be eligible for the benefits of this Paragraph S.2. If a U.S.Army Corps of Engineers certified"flood"control project or otherwise certified"flood" control project later protects the property, FEMA will, upon request, amend the ASC to remove areas protected by those projects.The restrictions of the easement will then no ~longer apply to any portion of the property removed from the ASC; and (3) Comply with Paragraphs S.1.a.through S.1.d.above. c. Within ninety(90)days of approval of your claim, you must move your"building"to a new location outside the ASC. We will give you an additional thirty(30)days to move if you show that there is sufficient reason to extend the time. d. Before the final payment of your claim, you must acquire an elevation certificate and a floodplain development permit from the local floodplain administrator for the new location of your "building." e. Before the approval of your claim, the community having jurisdiction over your"building" lust: (1) Adopt a permanent land use ordinance or a temporary moratorium for a period not to exceed six(6) months to be followed immediately by a permanent land use ordinance, that Page 19 of 23 PIC-FLN'0 1 (03/12) is consistent with the provisions specified for the easement required in Paragraph .2.b. above;- (2) Agree to declare and report any violations of this ordinance to FEMA so that Lnder ection 1316 of the National Flood Insurance Act of 1968, as amended,flood insurarca to the "building"can be denied; and (3) Agree to maintain as deed-restricted, for purposes compatible with open space or agricultural or recreational use only, any affected property the community acquires an interest in. These deed restrictions must be consistent with the provisions of Para raph S.2.b. above, except that, even if a certified project protects the property, the land use restrictions‘continue to apply if the property was acquired under the Hazard Mitiga ion Grant.Program or the Flood Mitigation Assistance Program. If a nonprofit land trim organization receives the property as a donation,that organization must maintain t e property.as deed-restricted, consistent with the provisions of Paragraph S.2.b. ab we. f. Before the approval of your claim, the affected state must take all action set forth in IF MA's Policy Guidance for Closed Basin Lakes. g. This Paragraph S.2.will be in effect for a community when the FEMA Regional Director for the affected region provides to the community, in writing, the following: (1) Confirmation that the community and the state are in compliance with the condition in Paragraphs S.2.e.and S.2.f.above; and (2) The date by which you must have flood insurance in effect. T. Duplicate Policies Not Allowed 1. We will not insure your property under more than one Commercial Flood"policy." If we find that the duplication was not knowingly created, we will give you written notice.lT e notice will advise you that you may choose one of several options under the following procedures a. If you choose to.keep in effect the"policy"with the earlier effective date, you may also hoose to add the coverage limits of the later"policy"to the limits of the earlier"policy."The ch.nge will become effective as of the effective date of the later"policy." b. If you choose to keep in effect the"policy"with the later effective date, you may also choose to add the coverage limits of the earlier"policy"to the limits of the later"policy."The chan a will be effective as of the effective date of the later"policy." In either case, you must pay the pro rata premium for tha increased coverage limits within hirty(30) days of the written notice. In no event will the resulting coverage limits exceed the perrnis ible • limits of coverage under the Commercial Flood Program or your insurable=interest,whiche l er is less. We will make a refund to you, according to applicable rules, of the premium for the"policy" not being kept in effect. 2. The insured's option under this General Condition T. Duplicate Policies Not Allowed to sleet which Commercial Flood "policy"to keep in effect does not apply when duplicates have be-n knowingly created. Losses occurring under such circumstances will be adjusted according o the terms and conditions of the earlier"policy."The"policy"with the later effective date m1ust b- canceled. U. Loss Settlement Page 20of23 PIC-FLN-001 (03/12) We will pay the least of the following amounts after application of the deductible: 1. The applicable amount of insurance under this"policy"; 2. The"replacement cost"; or The amount it would cost to repair or replace the property with material of like kind and quality within a reasonable time after the loss. V. Liberalization If we make a change that broadens your coverage under this edition of our"policy," but does not require any additional premium,then that change will automatically apply to your insurance as of the date we implement the change, provided that this implementation date falls within 60 days before, or during,the"policy"term stated in the"Declarations." W. What Law Governs This"policy" and all disputes arising from the handling of any claim under the"policy" are governed exclusively by the flood insurance regulations issued by FEMA, the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001, et seq.), and federal common law. The terms of this"policy"which are in conflict with the statutes of the state wherein this"policy" is issued, or with federal flood insurance laws or regulations, are hereby amended to conform to such statutes, laws or regulations as may be applicable. IV. DEFINITIONS A. Some definitions are complex because they are provided as they appear in the law or regulations, or result from court cases. The precise definitions are intended to protect you. "Flood," as used in this flood insurance"policy," means: 1. A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties(at least one of which is your property)from: a. Overflow of inland or tidal waters; b. Unusual and rapid accumulation or runoff of surface waters from any source; or c. "Mudflow." p2. Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a"flood" as defined in A.1.a. above. B. The following are the other key definitions that we use in this"policy": 1. "Act" means the National Flood Insurance Act of 1968 and any amendments to it. 2. "Application" means the statement made and signed by you or your agent in applying for this "policy."The"application" gives information we use to determine the eligibility of the risk, the kind of "policy"to be issued, and the correct premium payment. The"application" is part of this flood insurance"policy." For us to issue you a"policy,"the correct premium payment must accompany the"application." 3. "Base flood" means a"flood" having a one percent(1%)chance of being equaled or exceeded in any given year. Page 21 of 23 • PIC-FLN-001 (03/12) 4. "Basement" means any area of the"building," including any sunken room or sunken portion of a room, having its floor below ground level (sub-grade) on all sides. 5. "Building" means a structure with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site; "Building" does not mean a gas or liquid storage tank or a recreational vehicle, park trailer, or other similar vehicle. . • 6. "Cancellation" means the ending of the insurance coverage provided by this"policy" befor the expiration date. - • 7. "Condominium"means that form of ownership of real property in which each"unit" owner has an undivided interest in common elements. 8. "Condominium association" means the entity made up of the"unit"owners responsible for he maintenance and operation of: a. Common elements owned in undivided shares by"unit"owners; and b. Other real property in which the"unit"owners have use rights; • Where membership in the entity is a required condition of"unit"ownership. 9. "Declarations" means a computer-generated summary of information you provided in the "application"for insurance. The"Declarations"also describes the term of the"policy," limits of coverage, and displays the premium and our name. The"Declarations" is a part of this floo• insurance"policy." 10. "Described location" means the location where the insured"building"or business personal •roperty are found. The"described location" is shown in the"Declarations." 11. "Direct physical loss by or from flood" means loss or damage to insured property, directly caused by a"flood." There must be evidence of physical changes to the property. 12. "Elevated building" means a"building"that has no"basement"and that has its lowestjelev ted floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or column . 13. "Improvements" mean fixtures, alterations, installations, or additions comprising a part oft e insured"building." _ 14. "Mudflow" means a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water. Other earth movements, such as landslide, sloe failure, or a saturated soil mass moving by liquidity down a slope, are not"mudflows."j 15. "National Flood Insurance Program" and"NFIP" mean the program of flood insurance)coverage and floodplain management administered under the"Act" and applicable Federal regulations in Title 44 of the Code of Federal Regulations, Subchapter B. 16. "Policy" means the entire written contract between you and us. It includes: a. This printed form; .b. The"application" and"Declarations"; c. Any endorsement(s)that may be issued; and • Page 22 of 23 t I PIC-FLN-001 (03/12) d. Any renewal certificate indicating that coverage has been instituted for a new"policy" and new "policy"term. Only one"building," (unless an attached schedule is made part of the"Declarations")which you specifically described in the"application," may be insured under this"policy." 7. "Pollutants" mean substances that include, but are not limited to, any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot,fumes, acids, alkalis, chemicals, and waste. Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. 8. "Post-FIRM building" means a"building"for which construction or substantial improvement occurred after December 31, 1974, or on or after the effective date of an initial Flood Insurance Rate Map (FIRM), whichever is later. 19. "Regular program"means the final phase of a community's participation in the"National Flood Insurance Program." In this phase, a Flood Insurance Rate Map is in effect and full limits of coverage are available as outlined in the"Declarations." O. "Replacement cost"means the cost to repair or replace an insured item of property at the time of loss. 21. "Special Flood Hazard Area" means an area having special"flood,"or"mudflow,"and/or"flood"- related erosion hazards, and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A,AO,A1-A30,AE, A99,AH,AR,AR/A, AR/AE,AR/AH, AR/AO,AR/A1-A30,V1- V30,VE, or V. 22. "Stock" means merchandise held in storage or for sale, raw materials, and in-process or finished c goods, including supplies used in their packing or shipping. "Stock" does not include any property not covered under Section I.C. Property Not Covered, except the following: I a. Parts and equipment for self-propelled vehicles; b. Furnishings and equipment for watercraft; c. Spas and hot-tubs, including their equipment; and ' d. Swimming pool equipment. 3. "Unit" means a unit in a non-residential "condominium""building." 4. "Valued policy" means a"policy" in which the insured and the insurer agree on the value of the property insured, that value being payable in the event of a total loss. The Commercial Flood Insurance Policy is not a"valued policy." Page23of23 PIC-FLN-003-CF (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL EXCLUSIONS LAND / WATER / AIR jl SEEPAGE / POLLUTION / CONTAMINATION This endorsement modifies insurance provided under the following • : COMMERCIAL FLOOD INSURANCE COVERAGE FORM COMMERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM 'COMMERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM Notwithstanding any provision to the contrary within the"policy,"the following additional Exclusions apply: A. Land,Water and Air Exclusion This"policy" does not insure land (including but not limited to land on which the insured property s located), water or air, howsoever and wherever occurring, or any interest or right therein. B. Seepage and/or Pollution and/or Contamination Exclusion Except for limited coverage for"Pollution Damage" provided under Section I.B.3.c of the Commercial Flood Insurance Coverage Form (PIC FLN-001), Seepage, Pollution, and Contamination are eaci excluded as follows: This"policy" does not insure: 1. Any loss, damage, cost or expense; 2. Any increase in insured loss, damage, cost or expense; or 3. Any loss, damage, cost, expense, fine or penalty, which is incurred, sustained or imposed iby order, direction, instruction or request of, or by any agreement with, any court, government agency or any public, civil or military authority, or threat thereof(and whether or not as a result of public or private litigation); I ' which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof, whether or not caused by or resulting from a peril insured, or from steps or measures taken in 1 connection with the avoidance, prevention, abatement, mitigation, remediation, clean-up or removal of such seepage or pollution and/or contamination or threat thereof. • The term "any kind of seepage or any kind of pollution and/or contamination" as used in this: 9ndorsement includes(but is not limited to): a. Seepage of, or pollution and/or contamination by, anything, including but not limited too any • material designated as a hazardous substance by the United State Environmental Pirotec!ion Agency or as a hazardous material by the United States Department of Transportation,o any substance designated or defined as toxic, dangerous, hazardous or deleterious to piersods or the environment under any other federal, state, provincial, municipal or other law, ordinance or regulation; and b. The presence, existence, or release of anything which endangers or threatens to endeng r the health, safety, or welfare of persons or the environment. Page 1 of 1 PIC-FLN-004 (10/I13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. APPLICABLE LAW This ndorsement modifies insurance provided under the following: COM ERCIAL FLOOD INSURANCE COVERAGE FORM COM ERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM COM 1 ERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM This i surance shall be subject to the applicable state law to be determined by the court of competent jurisd ction as determined by the provisions of the Service of Suit Clause. Page 1 of 1 PIC-FLN-005,(1 /13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION Thi endorsement modifies insurance provided under the following: • CO MERCIAL FLOOD INSURANCE COVERAGE FORM 'CO MERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM CO MERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM No ithstanding any provision to the contrary within this"policy," it is agreed that this insurance exclu es loss damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from'or in icon ection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical gnat rials, regardless of any other cause or event contributing concurrently or in any other sequence ther to. I I I I , f II I I t , i Page of • PIC-FLN-006(10/13) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA ENDORSEMENT This ndorsement modifies insurance provided under the following: COM IIERCIAL FLOOD INSURANCE COVERAGE FORM COM IIERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM COM AERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM Notwlhstanding any provision to the contrary in the"policy," it is understood and agreed as follows: A. ectronic Data Exclusion is"policy"does not insure loss, damage, destruction, distortion, erasure, corruption or - eration of electronic data from any cause whatsoever(including but not limited to computer v us) or loss of use, reduction in functionality, cost, expense or whatsoever nature resulting • tl,erefrom, regardless of any other cause or event contributing concurrently or in any, other s-quence to the loss. 1i Electronic data means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data .. processing or electronically controlled equipment and includes programs, software, and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment. Computer virus means a set of corrupting, harmful or otherwise unauthorized instructions of code, including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network or whatsoever nature. Computer virus includes, but is not limited to Trojan horses, worms and time or logic bombs. B. :lectronic Data Processing Media Valuation hould electronic data processing media insured by this"policy" suffer"direct physical loss by or from f ood" insured by this"policy,"then the basis of valuation shall be the cost of the blank media plus the ost of copying the electronic data from back-up or from originals of a previous generation. These osts will not include research and engineering or any costs of recreating, gathering or assembling uch electronic data. I the media is not repaired, replaced or restored, the basis of valuation shall be the cost of the blank edia. owever, this"policy" does not insure an amount pertaining to the value of such electronic data to,the i sured or any other party, even if such electronic data cannot be recreated, gathered or assembled. Page 1 of 1 • PIC-FLN-0071(10/13) , • I , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATE RECOGNITION EXCLUSION (EDRE) This endorsement modifies insurance provided under the following: COMMERCIAL FLOOD INSURANCE COVERAGE FORM COMMERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM COMMERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM ;This"policy"does not cover any loss, damage, cost, claim or expense,whether preventative, remedi I or othe ise, directly or indirectly arising out of, or relating to: 1. he calculation, comparison,differentiation, sequencing, or processing of data involving the date hange to the year 2000, or any other date change, including leap year calculations, by any computer -.ystem, hardware, program or software and/or any microchip, integrated circuit or similar device in omputer equipment,whether the property of the insured or not; or 2. A ny change, alteration, or modification involving the date change to the year 2000, or any other data hange, including leap year calculation,to any such computer system, hardware, program or software .:nd/or any microchip, integrated circuit or similar device in computer equipment or non-computer quipment,whether the property of the insured or not. This exclusion applies regardless of any other cause or event that contributes concurrently or in any seq ence to the loss, damage, cost, claim or expense. • • • i I i I t , Page 1 of 1 • • " I I PIC-FLN-008 (051/13) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION PHYSICAL DAMAGE - DIRECT This endorsement modifies insurance provided under the following: COMMERCIAL FLOOD INSURANCE COVERAGE FORM COMMERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM CO MERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM This policy" does'not cover any loss or damage arising directly or indirectly from nuclear reaction, nuclear radi Lion, or radioactive contamination however such nuclear reaction, nuclear radiation, or radioactive cont mination may have been caused. , • • • I ' Page 1 of 1 • PIC-FLN-009(1 /13) T IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL Y. SERVICE OF SUIT CLAUSE Thi-endorsement modifies insurance provided under the following: CO MERCIAL FLOOD INSURANCE COVERAGE FORM [CO MERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERA E FORM CO MERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM Thi H Service of Suit clause,will not read to conflict with or override the obligations of the parties to arbi,rate their disputes as provided for in any Arbitration provision within this"policy." This clause is linte ded as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alte native to such arbitration provision for resolving disputes arising out of his contract of insurance( r rein urance). It is...greed that in the event of our failure to pay any amount claimed to be due hereunder,we, at the req est of the insured (or reinsured), will submit to the jurisdiction of a court of competent jurisdiction with n the United States. Nothing in this clause constitutes or should be understood to constitute a w iver of o r rights to commence an action in any court of competent jurisdiction in the United States, to re ove an .ction to a United States District Court, or to seek a transfer of a case toanother court as permitted by the aws of the United States, or of any state in the United States. • It is urther agreed that service of process in such suit may be made upon us at the following address: Tok o Marine Specialty Insurance Company 1AT N: Counsel, Legal Department On= Bala Plaza, Suite 100 Bal. Cynwyd, PA 19004 lln a y suit instituted against us upon this contract, we will abide by the final decision of such court or if any appellate court in the event of an appeal. The above counsel is authorized and directed to accept service of process on behalf of the company in any such suit and/or upon the request of the insured (or reinsured)to give a written undertaking to th- insured (or reinsured)that they will enter a general appearance upon the company's behalf in the ev-nt suc a suit shall be instituted. IFurt er, pursuant to any statute of any state, territory or district of the United States which makes pro ision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance or oth:r officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding insti uted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this con ract of insurance(or reinsurance), and hereby designate the above-named as the person td whom said officer is authorized tol mail such process or a true copy thereof. 14 Page 1 oft It IE PIC-FLN-010 (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION This endorsement modifies insurance provided under the following: COME ERCIAL FLOOD INSURANCE COVERAGE FORM COMi ERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM COM ERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM Notw[hstanding any provision to the contrary within this"policy," it is agreed that this insurance excludes loss, •amage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in conn fiction with any act of terrorism regardless of any other cause or event contributing concurrently or in any • her sequence to the loss. For t �- purpose of this endorsement, an act of terrorism means an act, including but not limited to the use of fore or violence and/or the threat thereof, of any person or group(s) of persons,whether acting alone or oni•ehalf of, or in connection with any organization(s) or government(s), committed for political, religi•us, ideological or similar purposes including the intention to influence any government and/or to put the p�blic, or any section of the public, in fear. This -ndorsement excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caus dd by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in an way relating to any act of terrorism. If we •liege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insur.Once, the burden of proving the contrary shall be upon you. In th- event any portion of this endorsement is found to be invalid or unenforceable,the remainder shall remai in full force and effect. • Page 1 of 1 PIC-FLN-01111 (10/13) • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM INSURANCE ACT OF 2002 AS AMENDED NOT PURCHASED.CLAUSE This endorsement modifies insurance provided under the following: CO MERCIAL FLOOD INSURANCE COVERAGE FORM IiCO MERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERA E FORM ''CO MERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM I Thi-clause is issued in accordance with the terms and conditions of the U.S. Terrorism Risk Insurance Act of 2002 as amended as summarized in the disclosure notice. 'It is hereby noted that we have made available coverage for insured losses directly resulting from an -ct „of t=rrorism as defined in the U.S.Terrorism Risk Insurance Act of 2002 as amended (TRIA) and the !insured has declined or not confirmed to purchase this coverage. !Thi- insurance therefore affords no coverage for losses directly resulting from any act of terrorism as Idefi ed in TRIA except to the extent, if any, otherwise provided by this policy. All ether terms, conditions„insured coverage and exclusions of this insurance, including applicable Ii its and deductibles, remain unchanged and apply in full force and effect to the coverage provided by thi- ins rance. • • I I i I I Page oft • � i PIC-FLN-012 (05/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR AND CIVIL WAR EXCLUSION This :ndorsement modifies insurance provided under the following: CO MERCIAL FLOOD INSURANCE COVERAGE FORM CO MERCIAL FLOOD INSURANCE TENANT IMPROVEMENTS AND BETTERMENTS COVERAGE FORM CO MERCIAL EXCESS FLOOD INSURANCE COVERAGE FORM Not thstanding anything to the contrary herein, this"policy"does not cover loss or damage directly or indir Ictly occasioned by, happening through, or in consequence of war, invasion, acts of foreign enemies, hosti sties (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped pow r or confiscation or nationalization or requisition or destruction of, or damage to, property by or under the older of any government or public or local authority. • Page 1 of 1 • • 641 CITY OF RENTOf PRO-Managing General Agents,Inc. NO V 1 1600 West 7th Street. 6 2�'15 FortWorth,TX 76102 RECEIVED Tel: 1800-336=1338 G CITY CLERK'S OFFICE INSURANCE COMPANIES • POLLUTION LIABILITY POLICY •• DECLARATIONS N DID INSURED,AND MAILING ADDRESS Policy No. BTA 9988784-02 City o I Renton WA ' 1055 `Grady Way Rento ,WA 98057. • Policy Term: From: 1/1/2015 To: 1/1/2016 12:01 `.M. Standard Time at the mailing address of the Named Insured•.as stated herein. Insur,nce is afforded by: GREAT AMERICAN E&S INSURANCE COMPANY RetrO dive Date: See Schedule of Insured Sites This' .urance does not apply to any.environmental incident that commences prior to:the Retroactive Date,stated herein. Storag• Tank Premium: $1378 Lirhits of Insurance: $1000000 Per environmental incident '$1000000 Per annual aggregate Limits of Defense' $500000 Per environmental incident Deduct'.le Amount: $2500 Optional Coverage: Premium: Limits oy Location: $75 Repair Replace: $419 Optional Coverage Premium: $494 Policy Fee: :$125. Total Premium Due: $1997 ADD',! SS OF INSURED SITE(S): See Schedule of Insured Sites ENDO•SEMENTS ATTACHED TO THIS POLICY AT INCEPTION AND FORMING A PART THEREOF: GAI 9133;GAI 9207;GAI 9002;GAI 9001;GAI 9032;GAI 9085;GAG 9012;GAI 9026;GAI 9303;E092WA-0904; GAI 6113; PROD I CER: Griffin nderwriting Services P.O.Box 3867 Belev e,WA 98009 f � Authorized Representative • j i I PRO-Managing General Agents,Inc. 1600 West 7th Street . Fort Worth,.TX 76102 G .11 r, KERICAN Tel: 1-800-336-1338 INSURANCE COMPANIES FORMS AND'ENDORSEMENTS SCHEDULE It'4 hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy. Form and Edition ST Date Added* Form Description or Date Deleted GAT 9033 07/02 WA Sched of Sites GAI 9207 02/05 WA Known Contamination GAT 9002 12/98 WA Policy Form GAT 9001 WA Dec Page WA• GAT 9032 02/03 WA Code Descriptions GAT 9085. 01/02 WA Geri of Ins.WA GAC 9012 WA GAO LOI GAI 9026 02/03 WA Diities/Environmental incident GAI 9303 WA UST Repair&Replacement E092WA- WA Washington Changes 0904 GAT 6013(Ed 06/97)PRO (Page.1 of 1) SCHEDULE OF DESIGNATED SITES ; Policy Number: 9988784=02 Site 27542719 1 Deductible $2500':' 3555 NE"2nd St Renton,WA 98055 Retroactive Date 1/1/2011 AdditionalIrisured(s): None i ank# Tank Construction Capacity Tank Leak Line. Line Leak Detect. Detect. Constr. I ank Year Installed Contents S ill/Overfill Year Pump Type ype Cpontainmeiit Installed 1 FRP 12000 SIR DWFRP None I ST 1983 Gasoline Y 1983 Suction (Unleaded) FRP - 12000 SIR DWFRP None ST 1983. Diesel Y 1983 Suction E I Site 64293294 Deductible $2500 4000 Map leValley 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 S ill/Overfill Year Pump Type Type Containment Installed 1 DWFRP ' 550 SIR ' DWFRP None. UST 1991 Gasoline Y 1991 Suction (Unleaded) 1I GAI 9033(ed 07/02) Page 1 of 1 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWN CONTAMINATION EXCLUSION Thi endorsement modifies insurance provided under the following: POLLUTION LIABILITY COVERAGE FORM In onsideration of the termsand conditions of.this policy, it 1s agreed that this insurance do 'II�s not apply to "Bodily Injury", "Property Damage" or"Clean-Up Costs" due to co Lamination known or suspected or as identified on any federal,..state or local en ironmental agency list as a confirmed or suspected contaminated site. All other terms, conditions and exclusions shall remain the same. i G 9207(Ed. 02/05)XS l i THIS IS,A� ' CLAIMS.MADE POLICY 1 POLLUTION LIABILITY COVERAGE FORM , (DESIGNATED,SITES) Various 'revisions'in this.Policy restrict coverage:,Read the entire Policy carefully to determine rights,. duties a d what is and is notcovered. ' Through•ut this Policy the words you and your refer to the.Named Insured shown in the Dieclarations. The wor•s we,'us andour refer to the:Company providing this insurance. The wor• insured means any person or organization qualifying as such under_ SECTION III,,i'V1WHO IS.AN INSURE. , Other wards and phrases that appear in quotations have.special: meaning. Refer to SECTION X- DEFINIT ONS. • SECTION I-POLLUTION LIABILITY COVERAGE ; 1. Insuring Agreement—"Bodily Injury"and"Propeity Damage"Liability a. V\\e 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 app{lies. The a ount we will pay fordamages is limited as described in SECTION.IV- LIMITS OF INSURANCE. b.' T is insurance applies only to "bodily• injury" and "property damage" caused by an " nvironmental incident" that commences on or after the Retroactive Date shown in the. D clarations 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"Cr in a settlementwe agree to. I 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."Polley'Span." ' (i) A "claim" or "suit".by a person or organization seeking damages will be deemed to have been made.when.writtennotice 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." 1 1 (ii ) All "claims" or "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.(EMI. 1.'/98)XS Page 1 of 12 r I • 2. Ins ring Agreement—Government Mandated"Clean-up Costs"Liability a. 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. b. 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"i 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: In ring Agreement—Defense W.u have the right and duty and we will pay the costs to investigate, contest, defend or appeal • "b •dily injury, "property ;damage and government mandated cleanup costs to which this Ina, rance applies. The •amount we will pay is limited as, described in SECTION V - LIMIT OF DEFENSE. SECT' 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 "environmental incident"as a.result of any spill Or overflow that occurs.during the "loading"or "Li loading"of an "underground storage tank"unless reported to us within 72 hours of the spill Or o4=rflow. 3. A "environmental incident"expected or intended from the standpoint of the Insured. 4. A,y obligation'of the.Insured under a workers' compensation, disability benefits or unemployment c mpensation law or any similar law. 5. Ai "environmental incident"based upon or attributable to any criminal acts by an Insured. 6. ":odily 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. T. is exclusion applies: a whether the Insured may be liable as an.ern Moyer or in any Other capacity;and GAI 9002.(E o'. 12/98)XS Page 2 of 12 .;( ,b. to any obligation to share damages with or -opal, someone else who must pay damages beceudebtthe in jury. 7. "P •perty damage"to a"waste facility" I s 8. "B ily Injury"or"property damage"resulting frorm p011titentS emanating froma"wasterfaCility." 9. 'CI-an-up costs" or any other expense'incurred by you or others to test for, monitor, clean-up,, rem•ve;contain,treat,detoxify Or neutralize pollutants on Or emanating from a"waste feign( or to 'any recovery alaiMed for such cost or expense: 10. ?go.ily injury,""prOperty dairiage"or"clean-up bests"arising Out of the transpOrtation of polluted SOH •r property from en'InSured Site." 11. "p •perty damage",to property you own, rent or occupy other than that identified In Section Ins ring Agreement 2,Government Mandated"Clean-Up Costs"Liability. 12. "P •party damage"to personal property in your care,custody or Centre!. I ; 13. An environmental Incident" arising out of the ownership, maintenance, use or entrustment to oth-rs of any aircraft, "auto," mobile equipment, rolling stock -or watercraft. USeI includes ope ation. I I 14. An"environmental Incident"from anything Other then an"Underground storage tank." 1 1 I 15. Cos; and expenses of testing, monitoring and determining the source and extent of contemi ation, exc pt as a consequence of an"environmental incident." 10. "13-11y injury,""property damage"Or"clean-up costs"as A result of an"environmental Incident"for which the Insurediaebligeted tO"paydartiageS by reason of the assumption of,liability in a ciintraCt or a reement This exclusion does not apply to liability for damages that the Insured we-did have in the -bsence of the Contract or agreement ; 17. puni ive,exemplary or trebie damages. 18. ral,state or lOcal fines and penalties. 19. Post- to repair,replace or remove an"underground storage tank" - r•I 1 20. The:,ost 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 w ich is elso n Insured. ; . 22. "B• •ily injury." "property damage" or"clean-up cc its"arising out Of an "envirOnMentel in. ideint" • from an"underground storage tank"which was: a. paled off, closed; abandoned or removed from use,or alienated prior to the Retroactiv Date hown intheDeclaratiàns of this Policy;or b s aled off, closed Orrèmövéd frOM use Under the authority of any statute, Ordinence or •OvernMental regulation or directive prior to the Retroactive Date shown in the Declarations of t is Policy. dAl 9002(Fd.:1 19,8)XS Page:3 of 12 . SECTIO' III-WHO IS AN INSURED. 1. If y:u are designated in the Declarations as: a. 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 I spouses are also.Insureds, but only with respect to the conduct of your business. c. I An organization'other than a partnership or joint venture, you are an insured. Your executive 1'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. Ea:h 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: However, none of these employees is an insured for: I (1) "Bodily Injury"to,you or 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 mem bers (if you are a partnership or joint venture). I 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 I (2) until your legal representative has been appointed. c. I 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. NI tIl person or organization is an Insured with respect to the conduct of any current Or past p.l'tnership or joint venture that is not shown as a Named Insured in the Declarations. SECTI. IN IV- LIMITS OF INSURANCE • The rul s below set the most we will pay regardless of the number of: . 1. In ureds;' 2. " alms"made or"suits"brought; O. p Iifons or organizations making"claims".or bringing"suits"; or 4. g ,vernmental actions taken with respect to"clean-up costs." _ The LI ITS OF INSURANCE shown in the .Declarations of the Policy in effect when the "environmental incide t"was"declared"are the most we will pay for the sum of all"clean-up costs;""claims"and"Suits" GAI 9002(E . 12198)XS Page 4of 12 . . • ' , . . . . . •. „ • because f that"environmental incident."The per"Environmental incidenr Unlit less the DEDUCTIBLE AMOUNT Is the most we Will pay for the sum of all "clean-up costs," "claims" and "suit's" frbin One • "envlion ental Incident"which JO"declared"during the Policy Term Of that Policy. • , i - ; . F , •Subject t. the per,"EnVirOnmental InCiderir LiMit,the Annual Aggregate Limit lathe most Wei:Will ay for the sum af all"Clean-Up costs,""claims"and"suits"from all"environmental incidents""declared"during the Polid Term of that Policy. ; I I , 1 . I . . . , . . In,additio to the LIMITS OF INSURANCE,we will pay:: I I • . , 1 11. all 0 ejiidginent interest*larded against the Insured on that part of a Judgment We payi lfW Make - an o erto pay the;LIMITS OF INSURANCE,We will not pay any prejudgment intereSt bated On that 'Peri.d Of thne after the Offer;and , 1 . I , 2, all i terest on,the full amount of a judgment that occurs-after entry of the judgment and before we hey paid,offered to pay or deposited in court that part of the judgment that is within the'LliVIIITS OF • INS RANCE. . . . , [The liMits of this Policy apply separately to each consecutive aminel term and to any reMainin1g errn,Of i less than 2 months,starting with the beginning of the Policy Term shown in the DeclaratiOnS, tinls the Policy Te in is extended after isstiande for an additional term of less than 12•Menthe: In that ease, the, :additional term Will;be deemed part of the last preceding term for purposes of determining the LIMITS OF INSURAN E. , ' • • , . '1 [ 1 'I " SECTION 7 LIM,IT OF DEFENSE . I I • ' , .I The per" nvirOnmental;Incident" Limit,as shown in the Declarations of the Policy in effect when the "enViron ental incident"was "dealared;" less the DEDUCTIBLE AMOUNT is the•most we will.Palifor all [ , costs to i Veatigate, contest, defend.Or appeal "claims" or "suits" from one "environmental in !dent" 1 . ,PdeClared'dining the'Policy Term Of that PoliCy., 1 ' •As part,Of the volt,*DEFENSE,We Will pay: • ' ., • , 1. aill e penaes We inctirWhich areattributable to a"dale!.or.usulti; • , [ 2. the .ost of bonds to release attachments,*t. ,chrnel'44., 1.39t only for :1?ohd amounts viithin 019:'LIMITS OF • ' INS RANCE;we.do not haVe•tO furnish these bonds;. , . , 3. all r-asOnable expenses incurred by the Insured, at out request;to assist us in the investiga ion or . ' defe se of the"claim"or"suit,".including abidel loss of earnings, UP to.$1po a day, beCaUare of time off fr in WOrk-; and • '1 ' 4. • all c sts taxed against the Insured in,a covered"suit" ' 1 1 ! If our pay 1 ents exceed.the LIMIT OF DEFENSE,we will continue to pay these costs and Weinri I ill:you • for costs aid in excess of the LIMIT OF DEFENSE. We.will pay only the Costs to investigate, c ntest,' ,defend or: ppeal"claims"or"stilts"when each Of the following conditions are met I . . 1. the" kiln!"or"suit".is a covered"claim"or askar,in accordance With,Section I, Items 1 and or 2 and 1 2. the IMITS OF INSURANCE for such coverage in Stadion I', Items 1 end/Or 2 have rot .been • . exhausted bythe payment Of"CialMii"Or"suits:" !, 1 Our chity-to defendpn,OS ysitin we have paid the applicable Luvirrs of.INSURANCE. . , ! • • . . SECTION .- DEDUCTIBLE AMOUNT GAI 9002(Ed. 1 /9.8)XS • Page 5 of 12 . •.,; . . • • : '1 . . , \ , i 1 The DE ,UCTIBLE AMOUNT shown in the Declarations of the Policy in effect when the"environmental inciden was"declared" is the most you will pay for the sum of all"clean-up costs,""claims"or "suits" 1 nd for all costs to investigate; contest, defend or appeal'"claims or "suits" because of that . "enviro mental incident."The per"Environmental.Incident" Limit less the DEDUCTIBLE AMOUNT is the most w will pay:for all "clean-up costs," "claims" and. "suits" from .one "environmental Incident" "decla dd"during the Policy Term of that Policy. Our obi gation to, pay sums for "clean-up costs," "claims," "suits" and defense costs includes the DEDUC IBLE 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"en Ironmentai incident." We will •ay all of, or any'part of; the DEDUCTIBLE AMOUNT necessary to settle "claims," "suits," pay "clean- 'p costs"and/or provide defense. We will notify you of the action•wetake and you will promptly reimbu i e us for the amount we have paid. If we must incur any expenses to recover the DEDUCTIBLE AMOU we have paid,you will also reimburse us for those expenses. The An ual Aggregate Limit listed.in the Declarations is reduced by the amount we pay to.settle or otherwi e resolve"a"claim"or"suit"with respect to an"environmental incident."The.Annual Aggreg te. Limit will be replenished when and to the extent we are reimbursed for any DEDUCTIBLE AMOU we have paid. SECT! VII-CONDITIONS , • A. R •resentations and Warranties 8lij,accepting this Policy,you.warrant 1 1. the;statements in the Declarations and the Underground Tank Data Sheet(s) are accurate,true and complete; 2. I 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 4.1 we have issued this Policy in reliance upon yourrepresentations. B. C anges T lis Policy contains all agreements between you and us concerning the insurance afforded. The fi t Named Insured shown in the Declarations is authorized to make Changes in the term, s of this P 4 licy with our consent.The terms of this Policy can be amended or waived only by an endorsement is ued by us and made a part of this Policy. 11 C: Tr` nsfer Of Your Rights And Duties • Y ur rights and duties under this Policy may not be transferred without our written consent except in he case of death of an individual Named Insured. If ou die, your rights and duties will be transferred to your legal representative, but only while a ting within the scope of duties as your legal representative. Until your legal representative is • a•pointed, anyone having proper temporary custody of your property will have your rights and GAI 9002 (E•. 12/98) XS Page 6 of 12 1 i duties, but only with respect to that property. I I D. ,Bankruptcy Ba kruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our :obli ations under this Policy. , E. Ad nce Policy Premium The Advance Policy:Premium for this Policy is the premium shown in the Declarations. ' I The first Named Insured shown in the Declarations is responsible for the payment of all premium. F. Exa inatiOn Of Your Books And..Records We ay examine and audit your books and records as they relate to this Policy at any,time during the .olicy Term and up to three years afterward. f G. Ins ections We ay require you to have any"insured site"inspected by an inspection service acceptable to us. You must pay the cost of the inspection. You must also provide. us with a copy of the insp action rep rt. Any inspections, surveys, reports or recommendations relate Only to insurability and,the premiums to b charged. We do not make safety inspections. We do not perform the duty of any person or organization to providelor the health or safety of workers or the public: We do not warrant that conditions: (1) are safe or healthful;or (2) comply with laWs, regulations,codes or standards. This1 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. H.: Oth r insurance. I This insurance is excess of all other insurance, except insurance which is specifically issued to be exc ss of this Policy. I. Stet Trust Funds, Programs and Plans I In t e event any Insured recovers from any government fund available.to .you or others for any "cia m," "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 cos ,"paid by us in excess of any DEDUCTIBLE AMOUNT paid by the Insured. J. 8ep ration Of Insureds Exc pt with respect to LIMITS OF INSURANCE; LIMIT OF DEFENSE, DEDUCTIBLE AMOUNT and any ights or duties specifically assigned to the first Named Insured,'this insurance applies: I GAI 9002.(Ed. 2/98)XS Page 7 of 12 I i 1 1 I 1. as if each Named Insured were the only Named Insured; and I 11 2. separately to each insured against whom"claims"Or"suits"are made,.subject to Exclusion 21. 1 , K. Du 'es 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: I (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. I 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"stilts"; (b) authorize us to obtain_records and other information; I (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 required I 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 requirement . 7. Take immediate action to stop or contain the release. N• Insureds will,except at their own cost;voluntarily make any payment,assume any obligation or in �'ur any expense,without our consent,except as outlined in Item 7 above. L. T nsfer Of Rights Of Recovery Against Others To Us If lou have rights to recover ail or part'of any payment we have made under this Policy from other patties, including insurers, state funds, programs or plans, those rights are transferred to us. You m list do nothing after loss to impair those rights to recover. At our request, you will pursue those ri is or transfer those rights to us and help us enforce those rights to recover: GAI 9002.(E 12/98)XS Page 8 of'12 i . M. Wh n We Do Not Renew I If e decide not to renew this Policy,we will mail-or deliver,to the first Named Insured ishov}in.in the I De Iarations, 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. i N. ,Cancellation Thi Policy may be cancelled by you at anytime during the Policy Term by providing wit-it:tell notice Ito s stating when thereafter such cancellation shall be effective. The return premium will be cal ulated at either 90% of the pro rata Annual Policy Premium or 75% of the Annual Policy Premium,whichever is less. 1; ;Thi Policy may be cancelled by us by mailing or delivering to you'written notice of cancellation at Ilea t sixty (60) days (ten (10) days for nonpayment of premium or misrepresentation)before the ,eff ctive date of cancellation. Such notice will be sent.certified mail. If notice is mailed, proof of recipt will be sufficient proof of notice. The return premium will be computed pro rate of the An ual Policy Premium. Th .Policy Term ends on the effective date of cancellation,whether cancelled by you or by us. 0. ILe al Action Against Us' INo person or organization has a right under this Policy: it to join us as a party or otherwise bring us into a"suit"asking for damages-from an Insured;or 1 2. to sue us on this Policy unless all of its terms have been fully complied with. j A person or organization may sue us to recover on an:agreed settlement or on a final;judgment age nst an Insured obtained after an actual trial; but we will not be liable for damages that are not pay ble under the terms of.this Policy or that are in excess of the applicable' LIMITS OF SINS RANCE. An agreed settlement means a settlement and release of liability signed by us, the' Ins red 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 provision therefore,the Company hereby designates the Commissioner,Superintendent or Director of Insurance or other officer specified for that purpose in the statute and his or her successors in off; a 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 stat 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 for ervice of legal process shall be forwarded to the Company to the attention of: Kar n Holley Horrell California Illinois Genteral Counsel Grell�at American Jere Keprios CT Corporation System insurance Companies CT Corporation System 208 South LaSalle. 580 Walnut Street 818 West Seventh Street Chicago, IL 60604 Cin innati,OH 45202 Los Angeles,CA 90017 1 GAI 9002(Ed. 2/98)XS, Page 9 of 12 Q. Fin.ncial Responsibility Laws Whi"n we issue a certificate of insurance as proof of financial responsibility under the provisions of any 1 nderground tank financial responsibilitylaw,you agree to reimburse us.forany payment made by s which we would not have been obligated to make under the terms of this Policy except for the iss nce of:the certificate of insurance. SECTION VIII-AUTOMATIC EXTENDED REPORTING PERIOD If this Policy is cancelled or nonrenewed for any reason,the following is added as part (4)Of Paragraph 1.c.and o art(3)of Paragraph 2.b. of SECTION I-POLLUTION LIABILITY COVERAGE: A" Iaim"first made in writing to us within 6 months after the end of the Policy Term will be deemed. to 'Him been made on the last day of the Policy Term,provided that the"claim"is for"bodilyiInjury," "p :party damage"or"clean-up costs"as a result of an"environmental incident"that commenced bef're the end of the Policy Term and subsequent to the Retroactive Date shown in the Policy De alarations: The "environmental.Incident" must be from an "underground 'stora9e tank" at an "In.,ured site." This Extended Reporting Period will not reinstate or increase the LIMITS OF INSURANCE or the LIMIT OF DEFENSI1 , nor will it extend the Policy Term. ' SECTIO IX-OPTIONAL EXTENDEDREPORTING PERIOD I 1. Thi section applies only if: a. ,'this Policy is cancelled or nonrenewed for any reason except misrepresentation or nonpayment of the.premium; 1 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 1 (2) has a Retroactive Date later than the one.shown in this Policy's Declarations. 2. if we a provide the Optional Extended Reporting Period Endorsement,the following is added as part (4) 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 1 the Policy Declarations. The "environmental.Incident" must be from an "underground storage tank"at an"Insured sits." Thy 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. W will issue this Endorsement if the first Named Insured shown in the Declarations: u for' which we receive within thirty 30 days.afterthe end of the Policy makes a written requestit y( ) GAI 9002.(E 12/98)XS ' Page.10 of 12 Term;and b. pays the additional premium when due: Th. Optional Extended Reporting Period Endorsement will not take effect unless;the additional pr:-Miurn; is paid When due. If that premium is paid when due, the Endorsement mai net be ca celled. 4. We will determine the actUal premium for the Optional Extended Reporting Period Endorsement wi our rules and:rates. In 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 aclaimS,a Uits" or aclean-Up posts";and d. other related faCtore, ,Th- premium tit the Optional Extended Reporting Period Endorsement will not eXCeed 50% Of the ,,an ual premium for this Policy and will be fully earned When the Endorsernent takes'effedt. 5. if e fail to renew this Policy at the same rates, that will not constitute cancellation Or non enewal by s. SECTIO X- DEFINITIONS 1. "A O" means-a land motor vehicle; trailer or semitrailer designed for travel on ubli roads, 'ine uding any attached machinery or equipment' 2. "B, injury!' means bodily injury, sickness or disease eUstained by a person, inelkling'death, NS King froth any&these at any time. • 3. "CI ima means a demand for payment of money or the taking of action by a third party or the go ernment of the United'States of America, Canada or any political subdivision of the United States or anada to remedy an -"environmental indigent" A'claim" does not Include the request for inf rmation,a notice of intent to reserve rights or an assertion Of a potential problem. J ' "CI an7up costs" Inean expeneeS for the removal Or neutralitatiOn OrpollUtatite. "Clean-up COSS" do s not include testing, monitoring and determining the source and extent Of contamination if the Cls nO"envIrenifiental Incident." • 5: i"C verage territory" means the United 'States of America (including it's territories and 'po sessions). 6. "D dared"means the earliest of the following times: a the day you first notify us in writing of an"enViropinentaltnoldett" lb. the day w:e receiv,0 the written notice Of a"Claim"or astir alleging an"environmental incldenr caused byydn. 7. "E vironmental:Incident" means emission, discharge, release or escape of pollutants into or upon the atmosphere,or any watercourse or body of water,provided that such emissieniidischarge, Irel ase or escape is from an "underground storage tank"'at an ainpered site,":The "environmental GAI 9002(Ed. 12/98)XB Page 11 of 12 1 Inca ant"ends when that emission,discharge,release or escape has been resolved. 8. "Ins red site"means the specific location(s)as shown in the Declarations. � I 9. "km-ding"or"unloading"means the transfer of a product at an "insured site"while the product is bei • removed from or dispensed to an"underground storage tank." 10. th . "Po cy Span" that duration of time beginning on the Retroactive Date and ending on e last day •f the Policy Term. 11. "P •=rty damage"means: a. •hysical injury to, destruction of or contamination of tangible property including all resulting oss of use of that property; or b. oss of use of tangible property that is not physically injured, destroyed or contaminated but as been evacuated, withdrawn from use or rendered inaccessible because of an environmental incident." 12. "Su' means a civil proceeding in which damages because of"bodily injury"or"property damage", to ich this insurance applies,are alleged. "Suit"includes an arbitration proceeding alleging such da ,ges to which you must submit or submit with our consent. 13. "Un erground storage tank" means any one or combination of tanks, their associated piping and dis• =nsers as listed on the Underground Tank Data Sheet. 14. "w-1=te facility" means,any site to which waste from.the "insured site" is consigned for delivery or deli ered for storage;disposal,processing or treatment, GAI 9002(Ed. 2/98)XS Page 12.of 12 I i , , CODE DESCRIPTIONS ! , Undr/Above.round Tank Product Stored Aboveground Pipe Construction Codes: Cod..s: • FRP Fiberglass PR M Premium Unleaded FCS Fiberglass Coated Steel ,MU Mid-grade Unleaded CPS Cathodically protected steel ',UL RegOlar unleaded GV Galvanized steel DSL Diesel COP Copper K1 Kerosene OTHER Describe. FO Fuel Oil , OT ER Referto Site Schedule Underground Tank Construction Codes 1. .FRP Fiberglass Und rground Tank Leak Detection Codes: FLS Fiberglass lined steel FCS Fiberglass coated steel AUTO Automatic tank gauging CPS Cathodically protected steel INT Interstitial Monitoring(double,wall STIP3 steel Tank Institute tanks only) ; OTHER RefertoSite Schedule AG Automatic groundwater monitoring AV Automatic vapormonitoring Underground Pipe Construction Codes: SIR Statistical inventory reconciliation iVlIC Manual inventory control FRP Fiberglass OT ER Refer to Site Schedule FCS Fiberglass coated steel I FIX Pi9xiOle • CPS Cathodically protected steel Abo e round Tank Leak Detection Codes: OTHER Refer to Site Schedule 1 , 1 FRP Fiberglass Aboveground Tank External Protection Codes:' , WS Welded steel. BS Bare steel PNT Painted èS Stainless steel SAC Sacrificial anode FL Plastic(PVC,ABS;etc.) IMP Impressed current OTHER Refer to Site Schedule OTHER Refer to Site Schedule Above.round Tank Overfill Protection Codes: Aboveground Tank Internal Protection Codes: AUTO Automatic shut off EL Epoxy lined ; ALARM Audible/visual alarm , OTHER Refer to Site Schedule OTHER Describe , . Diking Construction Codes:: Aboveground Tank Level Detection Codes: CB ConCrete block Ak/T• Computer controlled in-tank level PC Poured Concrete GA GE" Manual external gauge monitor EARTH Earthen OTH R Describe ' " LINER Mfg.Membrane liner OTHER Describe , . The 'OW"prefix on construction Codes=DOUble walled construction •c A1.9032(Ed. 02/03)XS PRO-Managing General Agents,Inc. 1600 West 7thStreet Fort Worth,TX 76102 ERIc Tel: 1-800-336-.1338 INISURANCE COMPANIES CERTIFICATE OF INSURANCE STATE'OF'WASI INGTON Insured: City of Renton WA Policy No.: BTA 9988784=02 • 1055 S Grady Way Effective Date: 1/1/2015 Renton,WA 98057. Expiration Date: 1/1/2016 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 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,aid 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.1/1/2015. 2. The"Insurer" further,certifies the following with respect to the insurance described in-Paragraph 1. a. Bankruptcy or.insoivency of the Insured shall riot 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 C1R 280.95-280.102. c. Whenever requested by theDirector of an implementing agency,the "Insurer"agrees to furnish to the diiector-a signed duplicate original of the policy and all endorsements. . d. Cancellation or any other termination.of the insurance,by the"Insurer",except for rionpayment'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 of fective only upon written notice arid 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. Authorized Representative Name: Robert A Ferguson Title: President GAI 908 (Ed 01/02)PRO Page 1 of 3 ..,,,L.1"'" '`?. ' ,.._.. , • PRO-Managing General Agents,Inc. " 1600 West 7th Street Fort Worth,'TX 76102 • Tel:t-TREATAMERICAN.ERIC. • . INSURANCE COMPANIES • CERTIFICATE OF INSURANCE STATE OF WASHINGTON ' Insure•: City.ofRenton WA Policy No.: BTA 998784=02 1055 S Grady Way Effective Date: 1/1/2015' Renton,WA 98057 • Expiration Date: 1/1/2016 Insure : PRO-Managing General Agents,Inc: Great,American E&S Insurance Co. 1_:600'West Seventh Street,Fort Worth,TX 76102 Certifica ion: 1. 1 G eat AmericanE&S Insurance Co.,the'"Insurer",as identified above;hereby certifies that,it;has issuediliability . urance covering the fallowing"underground storage tank(s)": . No.of Tanks Site ID# Site Address 1 64293294 Renton,WA 98055 . • ' 4000 Maple Valley Hwy . 'for ..king.corrective action and compensating third parties for"bodily injury"and"property damage caused by l"ac t idental releases"in,accordance with and subject to the Limits of Liability,exclusions,:conditions,and''other:terms 'of e policy arising from Operating the"underground storage tank(s)"identified above. The-1 imits of Liability are$1000000"each occurrence"and$1000000"annual aggregate," exclusive of legal defense .cos which are subject to'a separate limit under the policy. The coverage is provided under BTA 9988784.,T1re- leffe tive date of said policy is.1/1/2015. , .2. The"Insurer" further_certifies the following with respect to theinsurance described in Paragraph 1. Ia. anlouptcy or insolvency of the Insured shall not relieve the"Insurer"of its.obligations,under the policy,to which s: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 paYpent ade by the"Insurer". This provision does.not applywith respect to that amount of any deductible',for w ch coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CF 280.95- 80.102. c• eneverrequested by the Director of an implementing agency,the"Insurer"agrees to furnish to the Idir ctor a igried duplicate original of the policy and all'endorsements: d. ancellation or any other termination of the insurance by the"Insurer.",except,for nonpayment ofpremium or isrepresentation by the.Insured,will be effective only upon written notice and only after the expiration of 60 days ' , fter a copy of such written notice is received by the Insured. Cancellation for nonpayment of premium or isrepreseritation by the Insured will be effective only upon written notice and only after expiration of a minimum , f 10 days after a copy of such written notice is received by the Insured. e. he insurance covers claims otherwise covered by the policy that are reported to the'Insurer"within 6 months of e.effective"date of cancellation or nonrenewal of the policy except where the new or renewed policy has the same. etroactive date or a retroactive date earlier than that of the prior policy,,and which.arise out of any covere ccurrence that commenced after the policy retroactive date,if.applicable,and prior to such policy renewal or ermination,date. Claims reported during such extended reporting period are subject to the.terms,condition ,limits, eluding Limits of Liability and exclusions of the policy. I her by Certify.that the wording of this instrument is identical to the wording in 40 CFR280.97(b)(2)and that the "Ins rer" is eligible"to provide insurance as an excess or surplus lines insurer in one or more states. i Authorized Representative Name: Robert A Ferguson Title: President • • GAI 9085(Ed 01/02)PRO Paget of 3 i THIS PAGE LEFT INTENTIONALY BLANK. • 1 • GAI 908r(Ed 01/02)PRO Page.3 of 3 i I � � I II I • I I 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 eparately to each "insured'site. I I - I. I `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 I ' � I GAC 9012(Ed. 01/92)XS I , I ' PRO-Managing General Agents,Inc. G ATAhx,EthGeiN. 1600 West 7h.Street INSURANCE COMPANIES Fort Worth,TX 76102 Tel: 1-800=336-1338 • • I � *** 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' R-port all Environmental incidents to Great American Insurance Company IMMEDIATELY. E vironmental Incidents must be reported by phone or fax. Home Office: 49 East Fourth Street,Suite 300 South P.0 Box 5425 Cincinnati,OH 45202 Phone: (513)579-6300(Claims:Department) (800)336-3324 Fax: (513)412-4157 • a 19026(Ed.02(03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f 1 UNDERGROUND STORAGE TANK REPA 13 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 Po icy Limit:$50000 1 A. The fo lowing is added to SECTION I.INSURING AGREEMENT: Under ound "Storage Tank System"Repair or Replacement Coverage The C mpany will pay on behalf of the insured, subject to the limits of insurance and deductiibl shown in the ab ve schedule, reasonable and necessary costs to repair,recondition,rebuild,,or replace i ebvered under ound"storage tank system"at a"scheduled facility": The need to repair, rebuild, or replace an under" ound"storage tank system"must arise out of a`.`release"thatis insured by this P.oliey. B. Thle d inition of"claim"in SECTION X. DEFINITIONS is amended to include: Writte notice to.the Company identifying the damage to and the need for repair,rebuilding or replacement Of a co ered underground"storage tank system". C. The company's total liability for"claims"for the repair or replacement of an underground"storage tank syste "is shown.in the above schedule: The inclusion of this insurance is in addition to and does not reduce the Company's limits of liability for"bodily injury or"property damage"or"Clean-tip Costs". D. DED CTIBLE. A deductible,shall applyto.this insurance as shown in the above schedule. E. Item 1'.. in Section II. EXCLUSIONS is deleted and replaced with the following: . 19. y costs, charges or expense,to Upgrade, maintain or close-any underground"storage tank rystem". L'OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. i I "GAl 9303(0411) Pagel of 1 � i THIS ENDORSEMENT CHANGES THE POLICY.; PLEASE READ IT CAREFULLY. • WASHINGTON CHANGES CANCELLATION AND NON-RENEWAL This, dorsement modifies insurance provided under the following: This: dorsement modifies insurance provided under the following: STO'^1A GE TANK POLLUTION LIABILITY POLICY IX.•C4INDITIONS,..G.Cancellation and Non-Renewal is deleted and replaced with the following: A. Ili ncellation: 11 The first Named Insured•shown in the Declarations may cancel this policy by mailing or delivering to us advance-written noticeof cancellation 1 2 We may cancel this policy by mailing or delivering to.the first Named Insured and the first blamed 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; b. 60 days.before the effective date of cancellationif we cancel for any other reason '3 The time of surrender or the effective:date of cancellation stated in the notice shall become the end of the "policy period". • 4 If this Policy isissued to comply with any law or regulation which requires notice of cancellation to any governmental body,cancellation shall not be effective until the required notice has been provided by the Nained Insured•or the Company. • - 5 If this policy is cancelled,we will send the first Named Insured'any premiunin refund due. If we cancel,the refund will be pro rata. If the first Named Insured cancels,the'refund maybe less than,pro rata. The cancellation will beeffective 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. I 1 nrenewal . of�'e may elect not to renew this policy for an additional"policy period"by mailing or delivering written notice nonrenewal,stating the reasons'for nonrenewal,to the first Named Insured and the first Named Insured's • agent or broker,at their last mailing addresses knownto us: We will also mail to.any mortgage holder,pledge o°other'person shown in this policy to have an interest in any loss which may occur under this policy,at they l.�.t mailing address known to us;written notice of nonrenewal: Wewill mail or deliver these notices at least 60 b fare the: I I Expiration of the policy;or 2I Anniversary date of this policy ifthis policy has been written for a term of more than one year. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. E092' A-0904 I, liftY or rtCra,v'' . I NOV 1 6 2015 , RECEIVED CITY CLERK'S OFFICE Dept Of L bor&Industries i SELF-INSURED EMPLOYER Self-Insurance Section CERTIFICATE OF EXCESS INSURANCE PO Box 44891 U .F) OlympiaWA 98504 489E a; , Non-LISPS delivery 17273 Linderson Way SW , Ifumvyater WA 9850E It is necessary to complete this form if your firm elects to reinsure its worker' compensation liability. Please have your insurance provider assist you in properly completing this form. This information is required in accordance with RCW 5,1.14.020(5)and WAC 296-15-121 (7). Offi;ia1Uso only . UBI Account ID 1 1 Self-insurer CITY OF RENTON Excess Insurer I SAFETY NATIONAL CASUALTY CORPORATION ' I Address of Excess Insurer 1, 1832 SCHUETZ ROAD,ST. LOUIS,MO 63146-3540 1 Policy Number SP 4052149 :~y1- i New Policy :- Policy Renewal(old policy number,if changed): ,SP 4049999_- �,• r Change to Policy Cancellation of Policy(effective date of cancellation)p4 ,gib:!" ' I ;,. Reinstatement of Policy = ' II ':''; Policy period ,..V'. -.= _ ,- ,_ ry01� - from Janua 201.5�.- '.:L.to�,�„January 01,2016 Type of Policy ,;1.- ;.,, V,. z = Cl SPECIFIC: Retention _($i500;`OOo ...'Maximwi l lability of Ei cess Insurer Statutory ❑ AGGREGATE: __• a 1 (stop loss) Retention ..:__.. ,,y_, `.'-. Maxi• mum Liability of Excess Insurer 'I his policy contains the following endorsements: - n Yes n No Thispolicyis not intendeditii`,p`ovide for the a ent of anycosts, benefits or compensation which the self-insured emploer ay be obligated to"�ay piusuant to the provisions of he Title51 RCW,in excess of 80%of any such liabilities, as required by RCW 51.14.020(5). O Yes ❑ No It is further understood that this excess insurance company and its personnel do not participate in the administration of the responsibilities of the self-insured under Title 51 RCW. I Date;, Excess Insurer By .04., 00,524 Declemb r 09 2014 SAFETY NATIONAL CASUALTY CORPORATION I SETH A.SMITH,SENIOR VICE PRESIDENT WORKERS'COMPENSATION-UNDERWRITING II , F2074095-'00(FPDF)self-Insured employer cert.of excess insurance 9-01 1 1 CITY OF RENTON NOV 1 62015 . SAFETY NATIONAL CASUALTY CORPORATION RECEIVED ; 1832 SCIIUETZ ROAD • CITY CLERK'S OFFICE • ST.11pUl$, MO 63146 DECLARATIONS.—SPECIFIC EXCESS ' SP 4052149 Item 1. Employer: CITY OF RENTON ddress: 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 I' State(s): WASHINGTON. Item 3. Effective Date:12:01 A:M. January 01,2015 Item i4. (Anniversary Date:12:01 A.M. January 01,2017 I Item p. The Service Company shall be EBERLE VIVIAN Item IGI; gLASSIFI,CATIONS•. ,Code, ,::Estimated Total Annual Rate Per$100 ' ;,...::rpF:OPERATIONS Number .;Remuneration/Manhours RemanerationlManhours • See Attached Total Estimated Manual Premium N/A SNCC Experience Modification Factor N/A Total Estimated Standard Premium N/A 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 Item 9. Premium Rate 0.0446 per Man Hour Item 10. 7inimum Premium for the Liability Period $111,589 • Item 11. Deposit Premium for the Payroll Reporting Period $61,994 Item 12. Payroll Reporting Period Annually as of January 01 • Item 13. Endorsements See Endorsement Schedule ,eAr /44 11447 Signed at St.Louis,Missouri on December 19,2014 • Secretary Coun lersi ned this day of By: N/A • • DSP-0195 • • d l 1005 00 1101 WC) ITEM 6 RE: CITY OF , ENTON Policy No:SP14052149 Effective Date:12:01 A.M. January 01,2015 Declarations: Item 6. Estimated Total Annual Rate per$100 Code Remuneration/ Remuneration/ Estimated St Classi cations of Operations No. Manhours Manhours Premium WA !Cations Cities and Towns 0803 450,000 N/A N/A Clerical 8ffice,Sales Personnel and White Collar Employees of Cities and 5305 420,000 Town Volunte-I 6901 25,000 Fire Fig ters 6904 270,000 Law Enf''rcement Officers 6905 225,000 1,390,000 Total Manhours 1,390,000 • II i I ' il, 1004 00 1101 (XWC) Endorsement Schedule RE:CI f 'OF RENTON Policy No: P 4052149 Effective Date: 12:01 A.M.January 01,2015 Number Title 0042 00 1291 (XWC) WASHINGTON AMENDATORY ENDORSEMENT 0057 00 0492(XWC) WASHINGTON CANCELLATION ENDORSEMENT 0067 00 0492(XWC) WASHINGTON SELF INSURER ENDORSEMENT 0068 00 04 2(XWC) WASHINGTON SERVICE AND ADMINISTRATION ENDORSEMENT I I 0241 00 12 1 (XWC) INCIDENTAL LONGSHOREMEN'S AND HARBOR WORKERS'COMPENSATION ACT COVERAGE ENDORSEMENT 0246 00 12 1 (XWC) MARITIME COVERAGE ENDORSEMENT-NO KNOWN EXPOSURE 0293 00 09 6(XWC) FOREIGN VOLUNTARY WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY, 0322 00 12 1 (XWC) 90-DAYS NOTICE OF CANCELLATION 0441 00 1256(XWC) BROAD FORM ALL STATES 0456 00 0113(XWC) BLANKET WAIVER OF SUBROGATION ll 0463 00 119I7(XWC) VOLUNTARY COMPENSATION ENDORSEMENT 1061 10 1207(XWC) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE 0042 1 0 1291 (XWC) ENDORSEMENT WASHINGTON AMENDATORY ENDORSEMENT Effective 12:01 A.M.,Local Time,January 01,2015 1 Effecti le at the inception date of the Agreement to which this endorsement is attached, and in consideration of the to s and conditions and premium charged under which this Agreement is written, it is hereby understood and a.Iireed as follows: This Agreement is not intended to provide for the payment of any costs, benefits or compensation which the self-insured EMPLOYER may be obligated to pay pursuant to the provisions of Title 51 RCW, in excess of 80% 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 I administration of the responsibilities of the self-insured EMPLOYER under Title 51 RCW. All of er terms,conditions,agreements and stipulations remain unchanged. Attac ed to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. P 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION 4A Iti, tie- Cia--------. 4-,/1.2.4.4.,.....61/4,_ President Secretary i I 1 I 1, I� I I 1 • • • 0057 00 0492(XWC) ENDORSEMENT WASHINGTON CANCELLATION ENDORSEMENT Effective 12:01 A.M., Local Time,January 01,2015 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, the first 'aragraph 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. 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 falls 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. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION President dii( Secretary li • i I q • I, 0067 10 0492(XWC) ENDORSEMENT WASHINGTON SELF INSURER ENDORSEMENT Effective 12:01 A.M., Local Time,January 01,2015 Ij 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 of tl Ier terms,conditions,agreements and stipulations remain unchanged. I Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. S 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION II Iv, 4C-1Z-----"-.. 4-./-/-61/4„.... President dA . II Secretary 1 I I VI I , I II • , II• r 1 ii I I I'I006: 00 0492(XWC) . ENDORSEMENT • WASHINGTON SERVICE AND ADMINISTRATION ENDORSEMENT ' I il Effective 12:01 A.M., Local Time,January 01,2015 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 second paragraph of the Service and Administration Section is revised to read as follows: In the event the service agreement between the Service Company and the Employer 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. 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 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. I SAFETY NATIONAL CASUALTY CORPORATION President Secretary i I • • • it i II III I 0241 6 0 1291 (XWC) ENDORSEMENT INCIDENTAL LONGSHOREMEN'S AND HARBOR WORKERS'COMPENSATION ACT COVERAGE ENDORSEMENT Effective 12:01 A.M.,Local Time,January 01,2015 I ' In co sideration of the payment of premium and adherence by both parties to the terms of this Agreement; it is hereb understood and agreed as follows: I!I This Agreement also applies to Loss sustained by the EMPLOYER because of liability imposed upon the EMPLOYER by the U. S. Longshoremen's and Harbor Workers' Compensation Act due to Occurrences taking place within the Liability Period as a result of incidental work, subject to that Act, performed by Employees in the State(s) listed in the Declarations. Incidental work means incidental to an Employee's normal duties. To that end, the term "Workers' Compensation Law" includes the Longshoremen's and Harbor-Workers' Compensation Act (33 USC Sections 901-950) and any amendment to that Act that is in effect during the Liability Period. it Any incidental Longshoremen's and Harbor Workers' Compensation Loss, so covered, is, of course, subject to the Maximum Limit(s) of Indemnity and the appropriate Self- Insured Retention Per Occurrence as specified in the Declarations. All o er terms,conditions,agreements and stipulations remain unchanged. Atta•hed to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. P 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF REN ON,dated January-01,2015. SAFETY NATIONAL CASUALTY CORPORATION I _ - President I , Secretary • • II I I i . a !qj �I ! it 1024 00 1291 (XWC) ENDORSEMENT • MARITIME COVERAGE ENDORSEMENT-NO KNOWN EXPOSURE Effective 12:01 A.M., Local Time,January 01,2015 In nsideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed as follows: The coverage afforded by Employers' Liability Laws, as specified in this Agreement, shall include Loss on account of bodily injury to a master or member of the crew of a vessel, subject to the following additional provisions: � e This coverage does not include Loss on account of: 1. bodily injury covered by a Protection and Indemnity Policy or similar policy issued to the EMPLOYER or for the EMPLOYER'S benefit. This exclusion applies even if the other policy does not apply because of an other insurance clause, deductible or limitation of liability clause,or any similar clause. 2. the EMPLOYER'S duty to provide transportation,wages,maintenance and cure. This endorsement is provided hereunder due to the CORPORATION'S reliance upon the EMPLOYER'S warranty of no known MARITIME ACT exposure. 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 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION H President Secretary 0293 10 0906(XWC) ENDORSEMENT FOREIGN VOLUNTARY WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY Effective 12:01 A.M.,Local Time,January 01,2015 SECT ON 1. SCOPE OF INSURANCE j I A. The insurance afforded by this Agreement also applies to Employees, as defined in Section 2 of this Endorsement,who are employed to work at locations within the following country or countries: anywhere in the world outside the United States or United States possessions and territories, except: Afghanistan, Algeria, Belarus, Burma, Burundi, Central African Republik Chad, Colombia, Cote d7voire, Cuba, Democratic Republic of Congo, El Salvador, Eritrea, Guinea, Haiti; Honduras, Iran, Iraq, Israel, Kenya, Lebanon, Libya, Mali; Mauritania, Niger, Nigeria, North Korea, Pakistan, Philippines, Republic of South Sudan, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Ukraine, Venezuela, West Bank and Gaza, Yemen, and Zimbabwe. ' B. Benefits payable under this Endorsement are the same as those that would be payable if the Employees in question were subject to the Worker's Compensation Law of the following State or States: WASHINGTON C. Benefits payable under this Endorsement shall include repatriation expense in an amount up to $24000 with respect to any one Employee and as otherwise subject to the CORPORATION'S Foreign Voluntary Endorsement Limit of Liability for Coverage B—Employer's Liability. D. j The CORPORATION'S Foreign Voluntary Endorsement Limit of Liability for Coverage B — Employer's Liability is limited to$I00,000 and applies in excess of the Self-Insured Retention Per Occurrence. SEC ION 2. EMPLOYEES COVERED A. It is agreed that the insurance provided by this Agreement also applies to those Employees of the EMPLOYER who are hired or assigned by the EMPLOYER to work at locations within the country or countries not excluded in this Endorsement. B. This insurance, with respect to any such Employee, shall attach from the moment such Employee is hired or assigned for such work and shall cease from the moment the employment or assignment for such work is terminated. If the Employee has been hired in the United States of America, coverage • continues after termination of employment until the Employee returns to the United States of America or for a reasonable period of time for the opportunity to return to the United States of America, unless termination of employment is due to the Employee's resignation. C. This insurance shall not apply to persons other than citizens or residents of the United States of America within the country or countries stated in this Endorsement except as stated herein:NONE. �I p Page 1 of 2 I ' 0293 00 0906(XWC) ENDORSEMENT(CONTINUED) 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. $P 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION ° President Secretary Page 2 of 2 I , 0322 10 1291 (XWC) ENDORSEMENT 90-DAYS NOTICE OF CANCELLATION Effective 12:01 A.M., Local Time,January 01,2015 In conk-Ideration of the payment of premium and adherence by both parties to the terms of this Agreement,:it is hereb i understood and agreed as follows: The portion of the first paragraph of the Section entitled Cancellation, which reads, "... not less than sixty (60) days prior to the date of cancellation..." is amended to read, "...not less than ninety (90) days prior to the date of cancellation...". All of er terms,conditions,agreements and stipulations remain unchanged. Attac ed to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. S 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF REN ON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION Iv President Secretary 1 i • • I I II I 0441 00 1296(XWC) ENDORSEMENT BROAD FORM ALL STATES Effective 12:01 A.M., Local Time,January 01,2015 In nsideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is iere.y understood and agreed that this Agreement shall include the following: 1. If the EMPLOYER undertakes operations in any State not designated in Item 2 of the Declarations, this Agreement applies to such operations, but only if Employees' activities in such other State(s)are incidental to their regular employment in a State named in Item 2 of the Declarations. 2. This Agreement also applies to Loss sustained by the EMPLOYER because of liability imposed upon the EMPLOYER by the Workers' Compensation and Employers' Liability Laws of such non-designated State(s). 3. This Agreement applies to operations of the EMPLOYER covered by this Endorsement. However, such Loss is subject to all the limitations of this Agreement, including but not limited to, the Self-Insured Retention Per Occurrence or the Limitation Per Occurrence and the Maximum Limit(s)of Indemnity of the CORPORATION for the Liability Period. 4. All of the provisions of this Agreement, insofar as such provisions are not inconsistent , herewith, are applicable to the insurance afforded by the Agreement by virtue of this Endorsement. All other terms,conditions, agreements and stipulations remain unchanged. Atta hed to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION President Secretary il 0456 0 0 0113(XWC) ENDORSEMENT BLANKET WAIVER OF SUBROGATION Effective 12:01 A.M., Local Time,January 01,2015 In co ideration of the payment of premium and adherence by both parties to the terms of this Agreement;j it is hereb understood and agreed that the Recovery From Others section of this Agreement is amended to include the fol owing additional language: The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an, injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreement from the CORPORATION. All of er terms,conditions,agreements and stipulations remain unchanged. Attac ed to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. S y 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF REN ON,dated January 01,2015. SAFETY NATIONAL CASUALTY CORPORATION 141-4A44- President Secretary I I • it I I i I �I � 046:i 00 1197(XWC) ENDORSEMENT VOLUNTARY COMPENSATION ENDORSEMENT Effective 12:01 A.M., Local Time,January 01,2015 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is here.y understood and agreed that this endorsement adds voluntary compensation insurance to this Agreement as f.11ows: A. •overage This insurance applies to Loss sustained by the EMPLOYER because of bodily injury and occupational disease, including death resulting therefrom, due to Occurrences taking place ' within the Liability Period of this Agreement. 1. The bodily injury or occupational disease must be sustained by an Employee included in the group of Employees described in the Schedule. 2. The bodily injury or occupational disease must occur in the course of employment necessary or incidental to work in a State listed in the Schedule. 3. The bodily injury or occupational disease must occur in;the United States of America, its territories or possessions or Canada and may occur elsewhere if the Employee is an American or Canadian citizen temporarily away from their home country. 4. Bodily injury by accident must occur during the Liability.Period of this Agreement. 5. Bodily injury by disease must be caused or aggravated by the conditions of an Employee's employment. The Employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the Liability Period of this Agreement. B. I demnification The CORPORATION will indemnify the EMPLOYER for Loss in satisfaction of statutory, ' benefits that would be imposed if the EMPLOYER and Employees described in the Schedule were subject to the Workers' Compensation Law shown in the Schedule. Naturally, indemnification for any such Loss is subject to the Self-Insured Retention Per Occurrence, Loss Fund(s)and Maximum Limit(s)of Liability as specified in the Declarations. C. -xclusions This insurance does not cover: 1. Any obligation imposed by a workers' compensation or occupational disease law,or any similar law. 2. Bodily injury intentionally caused or aggravated by the EMPLOYER. ' I I Page 1 of 3 it 0463 n 0 1197(XWC) I ENDORSEMENT(CONTINUED) I � D. B- re Indemnification Before the CORPORATION indemnifies the EMPLOYER, the injured Employee, or his legal representative in the case of his incapacity or death,must: 1. Release the EMPLOYER and the CORPORATION, in writing, of all responsibility for the injury or death. 2. Transfer to the EMPLOYER and the CORPORATION their right to recover from others who may be responsible for the injury or disease. 3. Cooperate and do everything necessary to enable the EMPLOYER and the CORPORATION to enforce the right to recover from others. If the injured Employee, or his legal representative(s), fails to perform as required above, or if they, claim damages from the EMPLOYER or the CORPORATION for the injury or disease, the CORPORATION'S duty to indemnify the EMPLOYER is immediately terminated. E. R= overy From Others If the CORPORATION makes a recovery from others, the CORPORATION will keep an amount equal to its expenses of recovery and the Loss paid by the CORPORATION. The CORPORATION will pay the balance to the parties entitled to payment. If the parties entitled to the benefits of this insurance make a recovery from others, they must reimburse the CORPORATION for the Loss previously paid by the CORPORATION to such parties. F. Eplayers'Liability Insurance Employers' Liability Insurance applies to Loss covered by this endorsement as though the State of employment shown in the Schedule were shown in Item 2 of the Declarations. SCHEDULE p ... Em to ees :.` :. Employ: Employment` •-. - ."Comp nsatiiii-ri:aw`.' Autho ized volunteers,students, WASHINGTON States(s)of WASHINGTON works, etc,while not subject to any IAlorkers'Compensation Law 1 r I 1 1 Page 2 of 3 I i 1 0463 00 1197(XWC) II � ENDORSEMENT(CONTINUED) 1i '4II other terms,conditions,agreements and stipulations remain unchanged. jl Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RENTON,dated January 01,2015. I I - SAFETY NATIONAL CASUALTY CORPORATION it 11 kite- I ' President • Secretary III . II11 I ' • I' il it it 11 u Page3of3 �' I • • I • • • 1061 10 1207(XWC) 1 ENDORSEMENT • POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE • I Effective 12:01 A.M., Local Time,January 01,2015 • In con-ideration,of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereb understood and agreed as follows: overage for workers'compensation losses caused by certified acts of terrorism is included in this greement as set forth under the Terrorism Risk Insurance Act of 2002 as amended("the Act"). • • r purposes of this Endorsement,a"certified act of terrorism"is defined as any act: That is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States,to be an act of terrorism;and, That is violent or dangerous to human life, property or infrastructure;and, 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, • N That has 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 policy or affect the conduct.of the United States I • Government by coercion. • overage for such losses is,still subject to all terms, definitions, exclusions, and conditions in your greement, and any applicable federal and/or state laws, rules, or regulations. Under the Act, terrorism osses would be partially reimbursed by the U.S. Government under a formula.established by the i Act. nder this formula, the U.S. Government would generally reimburse 85% of covered terrorism losses °xceeding 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. 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 o PI er terms,conditions,agreements and stipulations remain unchanged. Atta uhed to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. P 4052149, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CITY OF RE TON,dated January 01,2015. • SAFETY NATIONAL CASUALTY CORPORATION • (14a.--;-;---cwyri. A /v- 0r- President Secretary • • • I� 1 II i ho I j 1 No.,SP 052149 t SPECIFIC EXCESS j WORKERS' COMPENSATION AND . EMPLOYERS' LIABILITY INSURANCE AGREEMENT , AFETY NATIONAL CASUALTY CORPORATION II ST. LOUIS, MISSOURI 1 . 1,1 i (1Yere/nafer called/he CORPORATION) I, 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. ICov rage of Agreement C. Definitions This Agreement. applies only to Loss sustained by the (I) "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 (I) thel State(s)designated in the Declarations,or judgments. Loss shall also include Claim Expenses, paid (2) otheri State(s), provided that the Loss shall not be greater by the EMPLOYER, as defined in Paragraph (2) of this 1 than it would have been had liability been imposed by Section. The term -Loss shall not include the items thel State(s)specified in the Declarations, specifically excluded by Paragraph(3)of this Section. on acco4it of bodily injury by accident or bodily injury by (2) "Claim Expenses" —shall mean court costs, interest upon 11 occupati nal disease due to Occurrences taking place within awards and judgments and the reasonable allocated costs the Liabi ity Period to Employees of the EMPLOYER engaged of investigation, adjustment, defense, and appeal, ' in thebusiness operations specified in the Declarations and all1 including pension'or appeal bond costs (provided that the other op rations necessary, incidental, or appurtenant thereto. prosecution of such appeal and/or the posting of such $odhly in ury includes resulting death. pension or appeal bond is approved by the The11 mc'usion 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 r provided in Section A, even though such claims, suits, The�'1 insurance afforded by this Agreement applies to proceedings or demands are wholly groundless, false or operation 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. Empioye s 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 I specifically specified State(s). excluded from the term Loss: (a) Salaries, wages, and remuneration provided to B. Insurance Under This Agreement , Employees; (1) Speoific 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; I 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(detention,subject to the;Maximum Limit of Indemnity for any violation by the EMPLOYER, or its Per'Occulrrence, 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 Employe rs' Liability Maximum Limit of Indemnity Per EMPLOYER; i 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. 1 srwc-Oaoa-AI , 11 K. Good Faith Claims Administration mitigate any Loss under this Agreement shall first by used to ' The EMPLOYER 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 settlement of all claims. The EMPLOYER shall not EMPLOYER for the Liability Period concerned, and all unreasonab y refuse to settle any claim which, in the exercise remaining amounts collected shall be paid to the EMPLOYER. of sound j ilgment with respect to the entire claim, should be settled, pr rivided, however, that the EMPLOYER shall not O. Change in Agreement make any payment or agree to any settlement for any sum No condition, provision, or declaration of this Agreement shall which wo Ild involve the limits of the CORPORATION'S be waived or altered at any time,except as specified in Section liability ereunder without the approval of the F, except by endorsement signed by the President or a Senior CORPO �TION. Vice President and the Secretary or an Assistant Secretary of the CORPORATION. If the CO PORATION is-prejudiced by the EMPLOYER's failure to Ixercise diligence, prudence, and good faith, the This Agreement hereby terminates, supersedes, and replaces CORPO' •1TION may elect to disclaim coverage for Loss all previously issued Workers Compensation Insurance or Reinsurance Agreements, as amended, between the from such claim. I EMPLOYER and the CORPORATION. L. Inspecion and Audit The CO'' ORATION shall have the right, but not the If terms of`this Agreement are in conflict with any law obligation, ;Ito inspect the premises and equipment and/or to applicable to this Agreement, this statement amends this audit the o''ooks and records of the EMPLOYER and of its Agreement to conform to such law. In addition, in the event agents an411 representatives, including all records relating to any terms are' in conflict with applicable laws, the remaining payroll an' claims matters, at any reasonable time during the terms of the Agreement shall be enforceable. period oft'is Agreement and within three (3)years after final P. Cancellation settlement of all claims due to Occurrences happening during This Agreement may be cancelled by either party giving the the term o II this Agreement.. An audit to determine Manual or other party written notice not less than sixty(60) days prior to Standard 'remium shall supersede any and all prior voluntary the date of cancellation, except, that if the CORPORATION payroll re orts by the EMPLOYER, and will be used to cancels for non-payment of any premium, the cancellation determine the final adjustment of_premiums due to the shall become effective ten(10)days after dispatch of notice by CORPO' •TION. Should a determination be made that the CORPORATION. The date of cancellation then becomes additional11�sudit premium is due to the CORPORATION, the the termination date of the final Liability Period. This due date Or payment of such audit premium shall be thirty Agreement does not apply to Loss as a result of Occurrences (30)days f3er the date of billing. taking place after the effective date of such cancellation. M. Othe 1Insurance If cancellation is effected by the EMPLOYER, the'1Manual or If the E PLOYER carries other valid and collectible Standard Premium shall be determined by the short rate tables insurance, reinsurance, or indemnity with any other insurer or used for casualty insurance, and the Earned Premium shall be reinsurer overing a Loss also covered by this Agreement the product of the Premium Rate(Item 9)times the Manual or (other tha insurance or reinsurance that is purchased to apply Standard Premium (or the Total Annual Remuneration) so in excess of the sum of the Self-Insured Retention and the arrived at, but not less than the Minimum Premium specified in Maximum II Limits of Indemnity hereunder), the insurance the Declarations. afforded b I this Agreement shall apply in excess of and shall I not contri µte with such other insurance or reinsurance. If cancellation is effected by the CORPORATION for non- payment of premium, the EMPLOYER shall pay the N. Reco ery from Others CORPORATION Earned Premium for the period up to the The EMPLOYER agrees to prosecute any and all-valid claims date of cancellation. the EMPLOYER may have against any other party or source that may .,itigate 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 reasonabl II expense of collecting such amounts. Remuneration) shall be determined upon a pro rata basis and II the Earned Premium adjusted in accordance therewith. The CO ORATION shall.have the EMPLOYER's rights to prosecute any and all valid claims against any other party or Q. Assignment source that may mitigate any Loss under this Agreement. The An assignment of interest under this Agreement will not bind EMPLOYER agrees that it will assist the CORPORATION in the CORPORATION unless an endorsement signed by the any prosecution 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 Agreemeqt. Any amounts recovered by the EMPLOYER or under this Agreement is issued by the CORPORATION. the CORPORATION from any party or source that may SPWC.001M-AI 1 1 (t) Any amounts required to be paid by the EMPLOYER period of time, reimbursement payments shall be made by the because of: CORPORATION.. 1) Serious and willful misconduct of the EMPLOYER, including intentional torts and The CORPORATION shall have, and may exercise at any 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,' 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. actions may be classified in the State(s) as ' intentional torts, E. Liability Period 2:) Coercion, criticism, demotion, evaluation, The liability of the CORPORATION for Loss hereunder shall I' 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 and/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 I ) Rejection by the EMPLOYER of any Workers' Period. All time is stated in local time for the State(s) I Compensation Law, designated in the Declarations. 5) Failure to comply with any health, safety, or . I; 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 i coverage Workers' Compensation and Employers' Agreement. ( Liability policy;and i) ny amount owed by the EMPLOYER pursuant to F. Premium rovision of any law that provides non-occupational Upon acceptance of the Agreement and at:the beginning of iiability benefits. each Payroll Reporting Period, as specified inItem 12 of the (4) 'Occ rrence" — shall mean accident. In addition, bodily Declarations, the EMPLOYER shall pay to the injury by occupational disease must be caused or CORPORATION the amount of the Deposit Premium aggravated by the conditions of employment and shall be specified in Item 11 of the Declarations. The EMPLOYER 'deemed to have occurred on the last day of the last shall pay premiums when due. The Deposit Premium shall be exposure to those conditions of employment causing or held by the CORPORATION until the expiration of the Payroll aggravating such injury by occupational disease, or such Reporting Period. Within thirty (30) days after the close of dates as is otherwise established by the Workers' each Payroll Reporting Period, the EMPLOYER shall render (Compensation and Employers' Liability Laws of the to the CORPORATION a report, upon a form satisfactory to appropriate State(s). Bodily injury by occupational the CORPORATION, exhibiting, by classification, the amount disease sustained by each Employee shall be deemed to be of such remuneration earned by Employees during such separate Occurrence unless' such disease results directly reporting period, and the EMPLOYER shall therewith pay to from an accident. the CORPORATION the excess of the Earned Premium over (5) `Em loyee" — as respects liability imposed upon the the Deposit Premium previously paid. In case the Deposit EMPLOYER by the Workers' Compensation Law of any Premium paid exceeds the Earned Premium, the State, the word Employee shall mean any person CO1.?ORATION shall return to the EMPLOYER the amount performing work which renders,the EMPLOYER liable unde the Workers' Compensation Law of a State named in of such excess or give appropriate credit, subject to the Item �2 of the Declarations, which is the State of the Proportion of Minimum Premium for the Liability Period in injured Employee's normal employment, for bodily the case of multi-year Liability Periods. injur es or occupational disease sustained by such person. (6) iStat " —shall mean any state, territory, or possession of Upon expiration of a Liability Period, a summary of voluntary enited States of America and the District of Columbia. payroll reports for such Liability Period shall be made to fli determine the Earned Premium under this Agreement. In no D. Reimbursement event, however, shall the Earned Premium in respect of any If the EMPLOYER pays any Loss incurred in any Liability Liability Period be less than the Minimum Premium specified Period in excess 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 CORPORATION of such payment. Within a reasonable compute the Earned Premium as follows: 1 1 SPWC-099 AI i 1' (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 Manua of Workers' Compensation and Employers' Company and the EMPLOYER shall operate as a notice of Liabili Insurance. cancellation of this Agreement by the EMPLOYER, subject to (2) Manua 1 and-Standard Premium — The remuneration, or the additional terms of the Cancellation Section of this man-h''rs, so computed for Employees engaged in each Agreement. Any change in service companies I must be such cl�l sification shall be multiplied by the Manual Rate immediately communicated to and approved ; by the i. per $100 of remuneration/man-hour, in effect at the CORPORATION, and this obligation shall survive the incepti an of each Payroll Reporting Period, and the termination or non-renewal of this Agreement. I produc ni so obtained shall be added together to determine the M. ual Premium. An Experience Modification Factor I. Prompt Reporting of Claims may b u applied to the Manual Premium to determine a As soon as the EMPLOYER becomes aware,the EMPLOYER Stand. id Premium. Such Experience Modification Factor must provide prompt notice to the CORPORATION of:(a)any shall b- 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- Standa#hd 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 Premi shall be applied the Premium Rate, as specified under this Agreement. I in Ite 19 of the Declarations, to determine the appropriate' 1 Earned Premium. In addition, the following categories of claims) shall be II reported to the CORPORATION immediately, regardless of This Agraement is issued by the CORPORATION and any question of potential involvement of the CORPORATION: accepted b°the EMPLOYER subject to the agreement that, in 1. Fatalities; the event 11 of any change in the Rates per $100 2. Paraplegics and quadriplegics; remunerati a'n/man-hour, as stated in Item 6 of the 3. Serious bums, defined as 2nd or 3rd degree burns Declaratio Is, 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 Delarations, such change, upon the effective date 6. Amputation of a major extremity;and thereof, sh1.l1 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-I surer If the CORPORATION is prejudiced by the EMPLOYER's The EMP DYER, by acceptance of this Agreement, warrants failure to provide prompt notice of a claim in accordance with that it is a my qualified Self-Insurer in the State(s)designated the requirements set forth above and/or as otherwise provided in the D clarations, and will continue to maintain such by the Law of any State(s), the CORPORATION may elect to qualificatis 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 Agreemen �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 oper a as notice of cancellation of this Agreement by the EMPLO R, subject to the additional terms of the 0J. Defense of Claims Cancellati Section of this Agreement. i The EMPLOYER shall investigate and settle or (defend all H. Servi a and Administration claims and shall conduct the defense and appeal of all actions, This Agreement contemplates the concurrent and continued suits, and proceedings commenced against it. The EMPLOYER shall forward promptly to the CORPORATION existence 413f 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 agrees that its Service Company shall furnish the or proceeding brought against the EMPLOYER, but the CORPORATION with quarterly loss runs concurrent with CORPORATION shall be given the opportunity to investigate, each Liability Period of this Agreement. The provision of loss defend, or participate with the EMPLOYER in the runs alone 1 does not relieve the EMPLOYER of its reporting investigation and defense of any claim, if, in the opinion of the obligations as set forth in Section I of this Agreement. In CORPORATION, its liability under this Agreement might be involved. , SPWC-090I1-AI . I 1 I 1 I _ R. Bankruptcy or Insolvency of Employer in the application are the EMPLOYER's representations; that The banlruptcy 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 Iliabifities 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 the 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 act on behalf of all EMPLOYERS 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. Ii 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 Secretary I I sPWC-09011 Al it SAFETY NATIONAL CASUALTY CORPORATION PRIVACY STATEMENT • Our C•Fnmitment To Our Customers To Whom Do We Disclose Your Information Safety 9 National Casualty Corporation ("Safety We will not disclose any non-public, personal National") is proud to have provided quality information about our customers or former product's and services to its customers for over 50 customers, except as permitted by law. That years. II�We greatly appreciate the trust that you means we may disclose information we have and all of our customers place in us. We protect collected about you to the following types of third that trust by respecting the privacy of all of our parties: custo lers, both present and past. The following i will ex "lain our privacy practices so that you will • Our affiliated companies (Members and unders'and our commitment to your privacy. subsidiaries of the Tokio Marine Holdings, Inc. group of companies). I We Re I pect Your Privacy • Your agent or broker. 1 I When ou apply to Safety National for any type of • Parties who perform a business or insurance insura ce, you disclose information about you to function for Safety National, including us. he collection, use and disclosure of such reinsurance, underwriting, claims inform Ition is regulated by law. Safety National administration or adjusting, investigation, loss and it affiliates maintain physical, electronic and control and computer systems companies. iii proce y ral safeguards that comply with state and federa regulations to guard your personal • Other insurance companies or agents, as inform tion. Our employees are also advised of G reasonably necessary concerning your the im ortance of maintaining the confidentiality of application, policy or claim. your in l rmation. II • Insurance regulatory or statistical reporting u agencies. Types Of Information We Collect Safety National obtains most of our information • Law enforcement or governmental authorities directl y from you, your agent or broker. The in connection with suspected fraud or illegal applic Ition you complete, as well as any additional activities. inform tion you provide, generally gives us most of the d 'tails we need to know. Depending on the • Authorized persons as ordered by subpoena, nature of your insurance transaction,we may need warrant or court order,or as required by law. further`details about you. I We m„y obtain information from third parties, such We do 1 disclose any non-public, personal as o er insurance or reinsurance companies, information about you to non-affiliated companies medicrll providers, government agencies, for marketing purposes or for any other purpose r except those specifically allowed by law I and . info ation clearinghouses and• other public described above. recor 1s.We may also obtain information about you from our other transactions with us, our affiliates or oth rs Independent Sales Agents or Brokers Your policy may have been placed with us through What We Do With Your Information an independent agent or broker ("Sales Agent"). u Your Sales Agent may have gathered information Info ation that has been collected about you will about you. The use and protection of information be r tained in our files. We will review your ill obtained by your Sales Agent is I their infor i ation in evaluating your request for responsibility, not Safety National's. If you have insurance coverage, determining your rates or questions about how your Sales Agent uses or underwriting risk, servicing your policy or adjusting II discloses your information, please contact them claim form r. We may retain information about our directly.customers. and would disclose that infor 'ation only to affiliates and to non-affiliates as desc bed in this notice or as otherwise permitted by la '. jI hl WC 99928 I I j IF I it it ` PI ' I 1SAFET' NATIONAL • - BENEFIT INFORMATION - I ; Available Exclusively to Safety National's Excess and Large Deductible Workers'Compensation Policyholders SAFETY+NATIONAL�CRIS13°PRCITECTI '�� r' N' r„r:M`,';.F: xcrisls"rotectlon Asaf attonal:com;_ a` r ter'° SAFETYsNAT10NAL CRISI8'PROTECTION 241PYR?HOTLINE:.' 1 7. 64b' rMEn.DEFINITIONS A. Domestic crisis Event means a man-made emergency situation limited to an explosion, arson, bombing,workplace violence,structural fire or a vehicular accident occurring' entirely in the United Statesland/or any territories or possessions of the same. Domestic Crisis Event also means a natural disaster at owned, leased or designated workplace , locations limited to a tornado, explosion,wildfire, structural fire, earthquake and any resulting tsunami, hurricane or flood occurring entirely in the United States and/or any territories or possessions of the same. In order to qualify as a Domestic Crisis Event, an event must directly involve the death of two(2)or more of Your Employees. Safety; National Casualty Corporation("Safety National")shall solely determine what qualifi;es;as a Domestic Crisis Event for purposes of this benefit; B. International Extraction Crisis Event means an international crisis directly`involving Your Employees and resulting in their immediate need of removal from a geographic location to avoid)imminent serious injury or death as the result of an existing emergency situation: An International Extraction Crisis Event is limited to employee extraction from a man-made emergency situation only as the result of an explosion, arson, bombing, riot, or government collapse and political unrest. An International Extraction Crisis Event that necessitates employee extraction as the result of a natural disaster is limited to a tornado,explosion, wildfire, earthquake and any resulting tsunami, cyclone/typhoon/hurricane or flood. Safety National shall solely determine what qualifies as an International Extraction Crisis Event for purposes of this benefit. , C. Your Employees means any of Your full-time employees that are direct employees,of; Your company and directly involved in a qualifying event., It specifically excludes any contractors,temporary or part-time workers. Safety National specifically restricts Safety National Crisis Protection to, and will only provide benefits for,Your Employees who are • directly covered by any excess or large deductible workers'compensation insurance policy issued to You by Safety National and who are currently employed at the time of the,, qualifying event. *Safety National Crisis Protection is a complimentary benefit for Safety National's excess and large deductible Workers' compensation customers only and is NOT an insurance coverage or policy of any type. 1 of 3 I ! D. Immediate Family Member means spouse, child or children and parents of Your Employee directly involved in a Domestic Crisis Event. E. You,Your and Yours shall refer to an excess or large deductible workers'compensation policyholder of Safety National who has an active and fully-paid policy at the time of the qualifying event. F. Warning Country shall refer to any country,territory, province or geographical location listed by the United States Department of State at http://travel.state.gov/content/passports/english/alertswarnings.html as a location for which a travel warning has been issued and is currently active. Safety National shall solely determine whether a certain country,territory, province or geographical location is considered a Warning Country at the time of the qualifying event. G. Sanctioned Country shall refer to any country,territory, province or geographical location listed by the United States Department of the Treasury at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx as the subject of any current Office of Foreign Assets Control("OFAC")sanctions program. Safety National shall solely determine whether a certain country,territory, province or geographical location is considered a Sanctioned Country at the time of the qualifying event. YOU- BENEFITS UNDER SAFETY NATIONAL CRISIS PROTECTION*LiAs a alued policyholder, Safety National has developed the Safety'National Crisis Protection prog lam as a complimentary benefit available to You. If a qualifying Domestic Crisis Event occurs that irectly involves You as'a Safety National excess or large deductible workers'compensation polic Pholder, Safety National will pay to cover the cost of either a Safety National approved crisis man.gement firm, crisis response firm, public relations firm and/or for emergency psychological servi°es up to the annual,aggregate limit of the benefit. If You choose to use an unapproved vendor, reim a ursement will be made directly to You for services that are approved by Safety National, up to', the .° nual, aggregate limit of this benefit. In th;„ event that a qualifying International Extraction Crisis Event occurs that directly involves You as a Sa ety National excess or large deductible workers'compensation policyholder, Safety National will reim urse You to cover the cost of expenses approved by Safety National involving an employee extr-action firm of Your choice.With respect to any International Extraction Crisis Event, Safety Nati penal will provide this benefit for qualifying events anywhere in the world outside the United States or U ilited States possessions and territories, except for events that occur in any country,territory, prov nce or geographical location listed as a Warning Country by the United States Department of Stat I'on the initial date that You report the International Extraction Crisis Event to Safety National. Safe National will also not provide this benefit for events that occur in any country,territory, province or g °°graphical location listed by the United States Department of Treasury as the subject of any ,curr °jet Office of Foreign Assets Control("OFAC")sanctions program on the initial date that You repo l the International Extraction Crisis Event to Safety National. The otal annual, aggregate limit for a Domestic Crisis Event,an International Extraction Crisis Event, or a y combination of the two is$50,000 for any active excess or large deductible workers' compensation policy year. In the case of a multi-year excess or large deductible workers' compensation policy,the$50,000 annual,aggregate limit shall renew on the annual anniversary date of such multi-year policy. There is no sublimit for a Domestic Crisis Event or International Extraction Crisis Event but in no instance will Safety National pay an approved vendor and/or reimburse You mor III than$50,000 in any one-year period. For the sake of clarity, Safety National will only pay up to I * •safety National Crisis Protection is a complimentary benefit for Safety National's excess and large deductible workers' 'compensation customers only and is NOT an insurance coverage or policy of any type. 1 2 of 3 1 li the maximum of$50,000 in any one year that coincides with your active and fully-paid excess or large deductible workers'compensation insurance policy with Safety National. The annual, aggregate ben fit limit of$50,000 shall apply regardless of the number of policies You have with Safety National. SCO7 OF BENEFITS UNDER SAFETYNATIONAL CR/S/S PROTECT/ON* in order to take advantage of this benefit: (1)the Domestic Crisis Event or International Extraction Crisis Event must directly involve Your business and occur within the period of coverage provided by Safety National to You under an active and fully-paid excess or large deductible workers' Icom ensation insurance policy; (2)the facts,circumstances, pre-existing condition(s)or situation(s) that ead up to the Domestic Crisis Event or international Extraction Crisis Event were not known to You in advance; and(3)the Domestic Crisis Event or International Extraction Crisis Event had not affected Your operation in any way before the current policy period began. Since Safety National has approved vendors for Domestic Crisis Events,you can contact them via,the following 24-hour hotline as soon as the event occurs: (855)887-3254.Black Swan Solutions is the Safety National approved vendor for Crisis Management and Counseling and lakes all incoming calls regarding Domestic Crisis Events. In the event You need to get in contact with another approved vendor for a Crisis Communication/Public Relations situation, Black Swan Solutions will route Your call to the appropriate vendor. During Your initial call with Black Swan Solutions,You must provide: (1) Your active excess or large deductible workers' compensation account name, (2)Your policy number and(3)the effective date of that policy. If an International Extraction Crisis Event occurs,since there are no approved vendors,You should contact the vendor of Your choice and Safety National will reimburse you for those approved costs up to the above listed annual,aggregate limit. In addition to contacting a vendor,You must notify Safety National within five(51 business days of any Domestic Crisis Event or International Extraction Crisis Event which may result in any l benefits under Safety National Crisis Protection at the following email address: crisisnrotectionna safetvnational.conl. Failure to do so may void this benefit and any payments or reimbursements by Safety National.This email address is also listed at the beginning of this benefit information packet. Further written notification regarding specifics of the qualifying event must be made as soon as possible after the initial email notification.The written notification must include :when,where and how the Domestic Crisis Event or International Extraction Crisis Event occurred;and the nature of the injuries or damages You have experienced to date as well as those You expect to experience as a result of the Domestic Crisis Event or International Extraction Crisis Event. Any notice You provide to Black Swan Solutions and/or Safety National under this Safety National Crisis Protection benefit program shall NOT be considered a notice of loss under any Safety Naional excess or large deductible workers'compensation insurance policy. All invoices and receipts relating to any request for direct vendor payment and/or reimbursement to You under this benefit must be submitted to Safety National for payment within sixty(60)days from the!original date they were generated. Any older invoices or receipts will not be paid by Safety, National. Safety National Crisis Protection is a complimentary benefit for Safety National's excess and large deductible workers' compensation customers only and is NOT an insurance coverage or policy of any type. 3of3 • li i CITY OF RENTON V� NOV- 162015 RECEIVED CITY CLERK'S OFFICE Disclosure Statement ZURIc H® It is'our pleasure to present the enclosed policy to you I, for presentation to your customer. INSTRUCTION TO AGENT OR BROKER: 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: I , U-GU-873-A CW (06/11) Page 1 of 1 Disci e ure Statement ZU*ICI-I NOTICE OF DISCLOSURE FOR AGENT&BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit http://www.zurichnaproducercompensation.com or call the following toll-free number: (866) 903-1192. ! This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. • • U-GU-874-A CW (06/11) Page 1 of 1 , " ' ! • °4 Y [r' al American Insurance Company , _ . , • Gc i pment Breakdown Probe tlon Coverage Forni.DeclE)rations . Issuing Company: Zurich American Insurance Company Producer Name: Alliant Insurance Servcies , • 720 Olive Way,Ste. 1700 • I, Seattle,WA 98101 . Policy Number: 1 BM 9307613-12 , Premium: 10.3,462 ...f i Coverage: I Equipment Breakdown including Participation: 100%of Program Limits as Listed Below Jurisdictional Inspections l • • Policy Period: • From: To: • 1/1/2015 1/1/2016 (12:01 AM standard time at your mailing address (12:01 AM standard time at your mailing address , ' I shown above) shown above) Named Insured and Mailing Address: ' City of Renton 1055 S. Grady Way ' Renton,WA'98055 t 'Covered See Endorsement#2 ' Premises: i • Coverages and Limits: I Insurance applies only to a coverage for which a Limit of Insurance, a number of Days/Hours or 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: Days/Hours: 1 Property IJamage: $50,000,000 Expediting Expense:" Included Business Income and Extra Expense: Included Extra Exp'enselOnly: Included within Business Income Coverage Extended Period of Restoration: 365 days Data or Media: $2,500,000 90. days ' Spoilage Damage: Included Utility Ini:erruption: $20,000,000 Coverage applies only if the • interruption of services lasts at ' least:4 hour§ 'Newly Acquired Premises: G• Included 365 days Ordinance or Law Coverage: ' , $2,500,000 Errors and Omissions: Included ' Brands and Labels: ' , Inlcuded , Contingent Business Income and Extra $2,500,000 • Expense: • Contingent Extra Expense Only: I Included within contingent business Income • . , I coverage • ' I . Coverage imitations: . _ Unless a higher.flmit or INCLUDED is shown,the most we will pay for direct damage to covered property is$25,000 ($15,000 fob'Fungus,Wet Rot and Dry Rotl for each of the following. These limits are part of, not in addition to,the Property Damage Limit per Breakdown.. Fungus,-WetlRot and Dry Rot: $100,000 Fungus,Wet •of and Dry Rot-Business Income and 30 ' Extra Expen - or Extra Expense Only: days ' Ammonia Co+ltarnination: Included Consequ'enti�l Loss: Included . Data and Me.ia: Included Hazardous S 1 bstances: : $2,500,000 Water Dania lie: Included Conditions 'nd Optional Coverages: I Business Inc lime Report Date: N/A Business Inc I�me Annual Value: N/A Business Inc Line Coinsurance Percentage: Coinsurance does not apply Diagnostic E.l'ipment: . Included Buried Vessel land Piping: Included Civil Authority 3 weeks- 100 miles Unnamed Loca ions: Included Demolition/In reased Cost of Construction: ''Included in Ordinance and Law Off Premises P operty Damage: $100,000 Green Coveragl-: $100,000 Omnibus Locat on Endorsement: Included Covered Equip III ent Deductible Waiver: Included • •Special Pro lisions: Deductibles The deductible apillies only to a coverage for which an amount, hours, days or the word-INCLUDED is shown. If INCLUDED is shown,then the deductible for tha'coverage is part of the Combined Deductible. Deductible Description: Deductible Amount: . , Property Damge: $5,000 Business Inco e and Extra Expense: , Included within property damage deductible Extra Expense nly:' Included within property damage deductible Spoilage Dam l e: Included within property damage deductible Contingent Bu iness Income/Extra Expense: . Included within property damage deductible Ammonia Cont mination:. Included within property damage deductible Utility Interrup on: Coverage applies only if the interruption of services lasts at least 4 hours Forms,Endorsements and Schedules: • • Form, Endorsement,Schedule Form,,Endorsement,Schedule Description: Number: - {EB 00 20 01113 a_ 1(Equipment Breakdown Protection Coverage Form { sIL 01 46 08 10 1;Washington Common Policy Conditions 1U-GU-692-CICW(06/13)�� -ilDisclosure of Premium (Relating to Disposition of T_RIA) 'U-GU-767-AI'CW(01/08) reap on Losses from Certified Acts of Terrorism- Endorsement 1� lb-GU-1041-A(3/,11) 11Advisory Notice to Policy Holders regarding OFAC 1U-GU-319-F1(01/09) 1�In Witness Clause ,.,_...._._.__ __. i EB 99 62 09,10 _ 1[Covered Equipment Deductible Waiver EB 99 63 09,10 1__. 1 Off Premises Equipment Coverage 11.1-BMS-180 (09/88) 1[Omnibus Location Endorsement-Endorsement 2 1U BMS 180 09 88 Underground Equipment-Endorsement 3___ _•_ ___w___ ___._._______.___ ____. _- _ 1U-BMS-180(09/88) _ . �._ T__l[Civil Authority_Endorsement 4 . U-BMS-180 i(09/88) [Unnamed Locations-Endorsement 5 1 1U-BMS-1801(09/88) • _ w Demolition Increased Cost of Construction-Endorsement 6 1E13 01 43 09 07 1 Limited Coverage for Fungus, 'Wet Rot and Dry Rot-Washington FEB 01 25 03109 I dashington Changes • • _ _ _ ._•._ _ _w. .. w- _�_�_ _ _ n _ . p I I I I I 1 I i 1 • I' i EQUIPMENT BREAKDOWN EB002001.13 EQUIPMENT BREAKDOWN PROTECTION COVERAGE FORM Variou- provisions in this policy restrict coverage. However, if coverage for "Extra Read t I e entire policy carefully to determine rights, Expense" only is indicated in the duties -nd what is and is not covered. Declarations, then coverage for �I "Business Income" is not provided. Throng out this policy, the words "you" "your" your refer to she Named Insured shown in the Declarations. We will consider the experience of your The wo'Ids "we"' "us" and "our" refer to the company business before the Breakdown and providi . this insurance. the probable experience you would have Other ords and phrases that appear in quotation had without the "Breakdown" in marks lave special meaning. Refer to Section F. determining the amount of our payment. Definiti.' s. (2) If you have coverage for "Business A. Coy rage Income" and "Extra Expense" or "Extra II Expense"only and: 1. •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 " .overed Equipment". Restoration Coverage, it will replace 2. •1s verages Provided the five consecutive days in the ch of the following coverages is provided if definition of"Period of Restdration". ether a limit or the word INCLUDED is shown (b) If you have coverage for Ordinance f•F that coverage in the Declarations. If neither or Law, then the "Period of a limit nor the word INCLUDED is shown, then Restoration" is extended td include t at coverage is not provided. the additional period of time required TI ese coverages apply only to that portion of for demolition, removal, repair, t - loss or damage that is a direct result of a remodeling or reconstruction. Covered Cause of Loss. (c) If"Media" are damaged or"Data"are a Property Damage lost or corrupted, we will pay your actual loss of "Business Income" We will pay for direct damage to "Covered and/or "Extra Expense" during the Property" located at the premises described time necessary to: in the Declarations. (i) Research, replace or restore the b. Expediting Expenses damaged "Media" or lost or With respect to direct damage to "Covered corrupted"Data"; and 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". (2) Expedite the permanent repairs or There shall be no coverage for any replacement of the damaged property. "Media" or "Data" that we determine c. Business Income And Extra Expense Or are not or cannot be replaced or Extra Expense Only restored. Unless a higher limit is shown in the (1) We will pay: 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 "Priod of (b) The"Extra Expense"you necessarily Restoration", or$25,000. incur to operate your business during the"Period of Restoration". EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 1 of 19 Wolters Kluwer Financial Services I Uniform FormsrM d. Spoilage Damage f. Newly Acquired Premises (1) We will pay for thel 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 purchased or leased. This coverage begins ° following conditions are met: at the time you acquire the property and II (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 Declarations for Newly Acquired Premises, ,I in storage or in' the course of being under the following conditions: ' manufactured; ' (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; 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 1 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 it under this Coverage Form. ( and highest limits and deductible ' e. Utility Interruption 1 applicable to the existing premises. If you have coverage for"Business Income" 9 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 1 ; the following conditions are met: ordinance or law that is in force at the time I(1) The interruption is the direct result of a of the "Breakdown", which regulates the "Breakdown" to 'i'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 it supply electric power, communication a consequence of enforcement of or l i services, air conditioning, heating, gas, compliance with an ordinance or law sewer, water or steam to your premises; that requires the demolition of p'+ and i undamaged parts of the same (3) The interruption of utility service to your building or structure; Ii 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 1 Declarations. Once this waiting period is , parts of the same building or I 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 II demolition of such undamaged property; and I Page 2 of 19 I ©Insurance Services Office, Inc., 2011 EB 00 20 01 13 ; I I (c) The increased cost actually and (f) Loss or expense sustained due to necessarily.expended to: the enforcement of or compliance (i) Repair or reconstruct the with any ordinance or law which damaged or destroyed portions of requires the demolition) repair, the building or structure; and replacement, recoristruction, remodeling or remediation of (ii) Reconstruct or remodel the property due to the presence, 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 materials, height, floor area and (g) Costs associated with the 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, another premises if you so treat, detoxify or neutralize, or in any elect. However, if you rebuild way respond to or assess the effects at another premises, the most of"Fungus",wet or dry rot. 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 ii. Another premises if the under this policy; relocation is required by the (b) There is other physical damage that 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 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. Instead, undamaged portions of the buildings we will pay only that proportion of such or structures are actually loss, meaning the proportion hat 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 Ordinnce 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 I 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: 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 (2) Any failure through error to include any to health or environment by any government agency; premises owned or occupied by you at the inception date of this Coverage Part; or EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 3 of 19 I I (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 1 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 II reported and corrected when discovered. not financially unless authorized by us. The policy premium will be adjusted accordingly to reflect the date the premises B. Exclusions should have been added had no error or We will not pay for loss or damage caused directly omission occurred. 1 or indirectly by any of the following. Such loss or i. Brands And Labels damage is excluded, regardless of any other 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 "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. I 1. Ordinance Or Law (a) Stamp the wOrd SALVAGE on the merchandise or its containers if the Increase in loss from the enforcement of or 1 stamp will not physically damage the compliance with any ordinance, law, rule, merchandise; or regulation or ruling which restricts or regulates (b) Remove the bands 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 lactivity 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, exceed the applicable Limit of Insurance earthquake, tremors and aftershocks relating to on such property., earthquake, landslide, land subsidence, mine j. Contingent Business Income And Extra subsidence or volcanic action. 1 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 anybodyof water, or spray from ; "Extra Expense"Or"Extra Expense"only d y any of these, all whether or not driven by II coverage provided by this Coverage wind (including storm surge); , Part is extended to cover your, loss, if b. Mudslide or mudflow; I 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, 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 . 1 (b) Results in the loss of sales at your premises shown in the Declarations. I I Page 4 of 19 ©Insurance Services Office, Inc., 2011 EB b00 20 01 13 ^ I� I -. 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 ektent that 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 o damage resulting from the presence, growth, his exclusion applies, regardless of whether proliferation, spread or activity of"Fungus", wet - y of the above, in Paragraphs a. through f., or dry rot as a result of a"Breakdown"i i caused by an act of nature or is otherwise 9. Any virus, bacterium or other microorganism c---used. An example of a situation to which this 1 that induces or is capable of inducing physical clusion applies is the situation where a dam, I:�vee, seawall or other boundary or distress, illness or disease. However: containment system fails in whole or in part, for a. If a "Breakdown" occurs, we will pay the all y reason, to contain the water. resulting loss or damage; 4. clear Hazard b. This exclusion does not apply to loss or clear reaction or radiation, or radioactive damage caused by or resulting from contamination, however caused. "Fungus", wet rot or dry rot. Such loss or damage is addressed in Exclusion B.B.; 5. ar Or Military Action c. Regardless of the application of this al War, including undeclared or civil war; exclusion to any particular loss, the b1 Warlike action by a military force, including provisions of this Exclusion 9. do riot serve 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 c Insurrection, rebellion, revolution, usurped1 recovery type boiler or within the passage from power or action taken by governmental the furnace to the atmosphere. authority in hindering or defending against 11. Damage to "Covered Equipment" undergoing a any of these. pressure or electrical test. 6. A explosion. However, we will pay for loss or 12. Water or other means used to extinguish a fire, d rnage caused by an explosion of "Covered even when the attempt is unsuccessful. E uipment of a kind specified in a. through g. 13. Depletion, deterioration, corrosion, erosion or b low, if not otherwise excluded in this Section BJ wear and tear. However, if a "Breakdown" a. Steam boiler; occurs, we will pay the resulting 'loss or damage. b. Electric steam generator; 14. A "Breakdown" that is caused by any of the c. Steam piping; following causes of loss if coverage for that d. 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; f. Gas turbine; or b. Freezing caused by cold weather; g. Moving or rotating machinery when such c. Lightning; explosion is caused by centrifugal force or mechanical breakdown. d. Sinkhole collapse; 7. Firp or combustion explosion including those e. Smoke; thet: 'f. Riot, civil commotion or vandalism; or a. Result in a"Breakdown"; g. Weight of snow, ice or sleet. b. Occur at the same time as a "Breakdown"; or EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 5 of 19 1 - 15. A "Breakdown" that is caused by windstorm or 20. Any indirect result of a "Breakdown" to hail. "Covered Equipment" except as provided by 16.1I A delay in, or an interruption of, any business, the "Business Income" and "Extra Expense", 1, manufacturing or processing activity except as "Extra Expense" only, Spoilage Damage and 1 provided by the "Business Income" and "Extra Utility Interruption Coverages. 11 Expense", "Extra Expense" only and Utility 21. Neglect by you to use all reasonable means to Interruption Coverages. save and preserve "Covered Property" from further damage at and after the,time of the 17!, Witth respect to "Business Income" and "Extra I Expense", "Extra Expense" only and Utility loss. '^ Interruption Coverages, the following additional C. Limits Of Insurance I, exclusions shall apply: 1 1. The most we will pay for any and all 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; the Declarations. II b. Your failure to use due diligence and 2. Any payment made will not be increased if I dispatch and all . reasonable means to more than one insured is shown in the operate your business as nearly normal as Declarations. , 1' practicable at the premises shown in the I 1 Declarations; or I 3. For each coverage in Paragraph A.2., if: a. INCLUDED is shown in the Declarations, I c. The suspension, lapse or cancellation of a the limit for such coverage is part of, not in contract following a "Breakdown" extending addition to,the Limit per Breakdown. I beyond the time business could have Ic resumed if the contract had not lapsed, b. A limit is shown in the Declarations, we will been suspended or canceled. not pay more than the Limit of Insurance for 1` ! each such coverage. 18. Any indirect loss following a "Breakdown" to I' "Covered Equipment"that results from the lack 4. For any"Covered Equipment"that is: ICI or excess of power, light, heat, steam or a. Used solely to supply utility services to your i 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 I, Utility Interruption Coverages. c. Not in your care, custody or control and for 191. With respect to Utility Interruption Coverage, which you are legally liable; and I' any loss resulting from the following additional d. Covered under this Coverage Form; 11 causes of loss whether or not coverage for that the Limit Of Insurance for Property Damage I, cause of loses 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 ' b. Collapse; replaced by the following: 1' c Deliberate act(s) of iload-shedding by the b. 'Owned by a public or private utility other supplying utility; than you. 1; d Freezing caused by cold weather; 5. Unless a higher limit or INCLUDED'is shown in es 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 1. g. Lightning; 1 addition to, the Limit of Insurance for Property h. Riot, civil commotion,or vandalism; Damage or Limit per Breakdown. 11 i. Sinkhole collapse; I a. Ammonia Contamination The spoilage to "Covered Property" jl. Smoke; or contaminated by ammonia, including any I! k. Weight of snow, ice or sleet. salvage expense. I, 1 II it 1 . Page 6 of 19 ©Insurance Services Office, Inc.,2011 EB 00'20 01 13 1 i ' , 1[ Consequential Loss 6. Limited Coverage For"Fungus",Wet Rot 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 4. Data And Media of a "Breakdown" to "Covered Equipment" Your cost to research, replace or restore that occurs during the policy period. As damaged "Data" or "Media" including the used in this Limited Coverage, the term loss cost to reprogram instructions used in any or damage means: "Computer Equipment". (1) Direct physical loss or damage to Hazardous Substance "Covered Property"caused by"Fungus", wet or dry rot including the cost of Any additional expenses incurred by you for removal of the"Fungus",wet or dry rot: the cleanup, repair or replacement or disposal of "Covered Property" that is (a) The cost to tear out and replace any damaged, contaminated or polluted by a "Covered Property" as needed to "Hazardous Substance". gain access to the "Fungus', wet or dry rot; and As used here, additional expenses means (b) The cost of testing performed after the additional cost incurred over and above removal, repair, replacement or the amount that we would have paid had no restoration of the damaged property "Hazardous Substance" been involved with 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 limitation. (2) The coverage described under 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 e 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 'Breakdown" to "Covered Equipment" which take place 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 or dry rot addition to it. continues to be present or active or recurs in a later policy period. (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". EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 7 of 19 1 ' I I , , If there is covered 1 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 ' li that "Fungus", wet or dry rot causes an rot prolongs the "Period of , increase in the loss. Any such increase Restoration", we will pay for loss 1 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 mount of $15,000 in Restoration"), but such coverage is Declarations, the a Paragraph „6.a.(2),'1 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 11 Separate Premises Option applies, then in the Declarations, the number of days 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. , , II 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:. 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) If you have coverage for "Business ordinance or law which requires the I' demolition, repair, replacement, Income" and "Extra Expense" or "Extra Expense" only, then Paragraph b.(1)(a) reconstruction, remodeling or II or b.(1)(b) applies, provided that the remediation of property .due to the I' incurred loss or expense satisfies the presence, growth, proliferation, spread P 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 r (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"Brreakdown"; 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 I Expense" is solely due to loss or damage to ;property caused by Coverage is extended to ' include the • "Fungus", wet' or dry rot, then our additional loss or damage, and related • a payment under "Business Income" expenses - incurred by you • that are and Extra rExpense" 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.IThe days need not be upgrades coverage, we will pay for: " consecutive. i (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 1 I 1 . I (2) Related additional expenses to: (ii) Additional cost to repair or (a) Reuse or salvage the damaged replace damaged property solely "Covered Property"; for the purpose of achieving (b) Remove, transport and dispose of points toward certification or p p 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 to appropriate sites; and (c) Replace the damagedportions of shown in the Declarations, the. most we pay p g 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- setter"; b. Business Income And Extra Expense Or (3) Additional reasonable and customary Extra Expense Only expense to hire the services of an If you have coverage for"Business Income" 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: , (4) Additional reasonable expense to pay: (1) If the remediation of the damaged Fees imposed bythe "Green "Covered Property" using "Green" (a) p upgrades prolongs the "Period of standards-setter" in order to Restoration", we will pay for loss and/or 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. following its repair-or installation as (2) If a Revised Number of Days is shown 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. (c) After repair or reconstruction is (3) As used here, the prolonged " eriod 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 "Green" accordance with the recommended upgrades been involved with the loss. procedures of a "Green standards- c. The coverage provided under this "Green" • setter" and for the purpose of mitigating indoor air quality upgrades coverage: deficiencies resulting from the repair (1) Does not increase any of the applicable or reconstruction of the "Covered Limits of Insurance; 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 acidly had no w the loss."Green" 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) Further modification if the "Covered Property" fails to obtain certification, recertification or a specific level of certification; or • • EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 9 of 19 D. Deductibles (3) Multiply,the daily value in Paragraph (2) I I r by the number 'of days shown in the 1. Application Of Deductibles Declarations. We will first subtract this We'will not pay for loss I or damage resulting deductible amount from any loss we I 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 II deductible shown in the Declarations for each • of the deductible, up to the 'applicable I. applicable coverage. We will then pay the Limit of Insurance. ' amount of covered loss or damage in excess of j the deductible, up to the applicable Limit of d. Percentage Of Loss Deductible Insurance.. If a deductible is expressed as a II 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 II 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 I' deductible applies; or-i (1) If: li 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 , I, deductible, the highest, shall apply for each (b) The dollar amount of the Multiple of I. of the applicable covelrages. • Daily Value or the Percentage of 2. Determination Of Deductibles Loss Deductible is less, than the a. Dollar Deductible , Minimum Deductible; I If a dollar deductible is shown in the then the Minimum' Deductible amount Declarations, we will first subtract the shown in the Declarations will be the deductible amount from any loss we would applicable deductible. I' otherwise pay. I ,(2) If: 1 1 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 will, not be liable for any (b) The dollar amount of the Multiple of I, loss under that coverage that occurs during Daily Value or the Percentage of that specified time period immediately Loss Deductible is greater than the I; i following a "Breakdown". If a time Maximum Deductible; ' I deductible is shown in days, each day shall • I mean 24 consecutive hours. then the Maximum Deductible amount shown in the Declarations Will be the 11 c. Multiple Of Daily Value Deductible applicable deductible. 11 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 11 "Business Income" . that would have a. Abandonment • been earned during the "Period of • There can be no abandonment of any I' Restoration" had Ino "Breakdown" taken property to us. place. I ' (2) Divide the result in Paragraph (1) by the ' number of days the business would I' have been open] during the "Period of • ' Restoration". The result is the daily i I" value. 1 - II I ' I I Page 10 of 19 1 ©Insurance'Services.Office, Inc., 2011 EB 00 20 01 13 1, h I I Appraisal (e) Send us a signed, sworn proof of 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 make written demand for an appraisal of must do this within 60 days after our the loss. In this event, each party will select request. We will supply you with the a competent and impartial appraiser. The necessary forms. two appraisers will select an umpire. If they (f) Cooperate with us 1 in the cannot agree, either may request that the investigation or settlement of the selection be made by a judge of a court claim. j, having jurisdiction. The appraisers will state 1 separately the value of the property and (2) We may examine any .insured_under . amount of loss. If they fail to agree, they will oath, while not in the presence of any other insured and at such times as may submit their differences to the umpire. A decision agreed to by any two will be be reasonably required, about any 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 appraisal and umpire equally. Coverages If there is an appraisal, we will still retain If two or more of this policy's coverages our right to deny the claim. apply to the same loss or damage, we will not pay more than the actual amount of the Defense loss or damage. We may elect to defend you against suits f. Legal Action Against Us arising from claims of owners of property. • We will do this at our expense. No one may bring a legal action a ainst us under this Coverage Part unless: d Duties In The Event Of Loss Or Damage (1) There has been full compliance with all (1) You must see that the following are the terms of this Coverage Part; and done in the event of loss or damage to "Covered Property": (2) The action is brought within two years (a) Give us a prompt notice of the loss after the date of the"Breakdown`'; or or damage. Include a description of (3) We agree in writing that you have an ' 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 has been • description of how, when and where determined by final judgment or the loss or damage occurred. 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. 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 required, permit us to inspect the conversion, secretion or embezzlement 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, Ilwe will 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. • EB 00 21 01 13 ©Insurance Services Office, Inc., 2011 Page 11 of 19 ', ' (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. l 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 1 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. 1 Our share is they proportion that the That person or organization must do applicable Limit of Insurance under this everything necessary to secure 1 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 described in Paragraph (1), we will pay Property"or covered income. only for the amount of covered loss or (2) After a loss to your "Covered Property" damage in excese 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 II 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 ' receipt for payment from the owner of that I. Valuation 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 you must: the damaged property with property of the same kind, capacity, size or (1) Resume business, partially or quality on the same site or another completely; site,whichever is the less costly; or (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 I (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 manner that enhances safety other concerns; while (c) Using merchandise or other maintaining the existing function, then property, such;as surplus machinery, we will pay, subject to the limit of duplicate parts, equipment, supplies insurance, up to an additional 25% of the property damage amount for the and surplus or reserve stock you "Covered Equipment" otherwise own, control or can obtain; or recoverable. II 1 Page 12 of 19 ©Insurance Services Office, Inc., 2011 EB 00 20 01 13 (3) If: (7) We will determine the value of"Covered (a) Any damaged "Covered Property" is Property" under Spoilage Damage protected by an extended warranty, Coverage as follows: or maintenance or service contract; (a) For raw materials, the replacement and cost; (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 costs of nonrefundable, nontransferable charges; and warranties or contracts. (c) For finished products, the selling (4) Unless we agree otherwise in writing, if price, as if no loss or damage had 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. then we will pay only the smaller of the: (8) Any salvage value of property ,obtained (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 (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 conditionsjapply 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 otherwise would have had: You must complete an Annual Report of (a) The property was manufactured by Values form approved by us once each year: Your reports must reach us within you; 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 property before its anticipated sale.' Upon receipt of the annual reports of values you furnish us, we will determine (6) We will pay for loss to damaged "Data" the amount of premium we earned for 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 the 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 material for all other "Data" or difference. However, the amount we "Media", including the cost of return will not exceed 75% 1 of the gathering or assembling information premium we originally charged. 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 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). EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 13 of 19 I I I I I. I I (a) We will not pay the full amount of c. Concealment, Misrepresentation Or any loss if: 1 Fraud (i) The "Business Income Actual This Coverage Part is void in any case of 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: (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 I, overdue. 1 (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 i any applicable (1) The term mortgageholder includes deductible from the amount trustee. determinediin Step (ii). (2) We will pay for direct damage to 'I We will pay the amount determined "Covered Property" due ' to a in Step (iii) or the"Business Income" "Breakdown"to "Covered E uipment" to I and "Extra Expense" limit of each mortgageholder shown in the insurance, whichever is less. For the Declarations in their order of remainder, you will. either have to ' precedence, as interests may appear. rely on other insurance or absorb the loss yourself. (3) The mortgageholder has the right to 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": premises. 1 (4) If we deny your claim because of your 2. General Conditions acts or because you have failed to a J Additional Insured I comply with the terms of this Coverage Part, the mortgageholder will still have If a person or organization is designated in 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;' , lii (b) Submits a signed, sworn proof of The bankruptcy or insolvency of you or your 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 (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. Tne values us to the extent of the amount we shall be reported separately for each of the pay; and coverages provided. Premium for each to anniversary will be promulgated for the (b) The mortgageholder's right recover the full amount o the ensuing period on the basis of rates in mortgageholder's claim will not be effect at the anniversary date and for all values at risk. impaired. we may pay to the You agree to keep the applicable, records At our option, mortgagehoer the whole principal on for each policy year available for inspection the mortgage plus any accrued interest. by our representatives at all times during In this event, your mortgage and note business hours, during the respective policy will be transferred to us and you will pay year, and for a period of 12 months after your remaining to mortgage debtd o the end of the respective policy yeair or after cancellation of this Coverage Part. (6) If we cancel this policy, we will give i. Suspension written notice to the mortgageholder at 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 nonpayment of premium; or suspend the insurance against loss from a "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 (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 benefit from this insurance. a. This condition is intended to facilitate g. Policy Period, Coverage Territory payment of insurance proceeds when: Under this Coverage Part: (1) Both a commercial property poicy 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 breakdown protection policy; and (2) The coverage territory is: (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 it ; b. 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 insurer(s)and us.I (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 itime of the loss or and one-half (1/2) the amount of the damage, with substantially the same loss that is in disagreement. requirements, procedures and conditions as contained in this condition; (2) The commercial property insurer(s) will (2) The damage to the "Covered Property" pay, after your written request,the entire 9 amount of loss that they have agreed'as for which:was caused by a loss o h , being covered, if any, by the commercial (a) Both the commercial property property policy and one-half (1/2) the Cti 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 insurer(s) does not admit to any of any insurer against any other with liabilityfor payment, while we regard to the portion' of the loss for 11 . which each insurer is liable. contend that: i. All liability exists under the II (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 1 ii. Some liability exists under equivalent Loss Agreement(s) of the both the commercial property commercial property policy. 1 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 Iliability exists under surrender any other rights against us. both the commercial property e. Arbitration policy I and this equipment breakdown protection policy; (1) If the circumstances described in or Paragraph c.(2)(a) exist and the commercial property' insurer(s) and we (iii) Both the i 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 I payment; and amount each will pay and will, pay the ii. Contend that some or all insured within 90 days. Arbitration will liability exists under the other then take place within 901 days after insurer's policy; and payment of the loss under the terms of this condition. Page 16 of 19 ©Insurance Services Office, Inc., 2011 EB 00 20 01 13 11 Ii I 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 For . 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 I'mited to of the loss under the terms of this adjustment, alignment, calibration, condition. cleaning or modification; (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 or 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 (4) Damage to any vacuum tube, gas tube, decision agreed to by two of the three 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 f. Final Settlement Between Insurers any of its parts; 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. the loss must pay Liquidated Damages to 2. "Business Income"means the: the other insurer(s) on the amount of the excess contribution of the other insurer(s). a. Net Income (Net Profit or Los before Liquidated Damages are defined as interest income taxes)that would have been earned 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 Liquidated Damages are calculated. 4. "Business Income Estimated Annual Value" Arbitration expenses will be apportioned means the sum of the Net Income and 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. Defin'tions form on file with us. 1. "BIleakdown": 5. "Computer Equipment"means: a. Means the following direct physical loss that a. Your programmable electronic equipment causes damage to "Covered Equipment" 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.1 (3) Electrical failure including arcing; It does not include"Data"or"Media". EB 00 21 01 13 ©Insurance Services Office, Inc., 2011 Page 17 of 19 1 • 6. "Covered Equipment": (8) Vehicle, aircraft, self-propelled a. Means and includes any: equipment or floating vessel including any "Covered Equipment" that is (1) Equipment built to operate under 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; ' (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 or 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 part or any part or tool subject to Interruption is provided, then Paragraph periodic replacement; 6.a.(4)does not apply; 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 11 Expense" only coverages, the "Covered pathological purposes including any Equipment" must be located at a premises Covered Equipment that is mounted described in the Declarations and be upon or used solely with any one or more machine(s) or apparatus unless owned, leased or operated under your Diagnostic Equipment is shown as control. INCLUDED in the Declarations; or b. Does not mean or include any: 1 (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 excluding the glass lining of any b. Is in your care, custody or control and for "Covered Equipment"; which you are legally liable. (4) Nonmetallic prssure or vacuum 8. "Data"means: pressure 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; I 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. 11 compartment supporting or containing 10. "Fungus" means any type or form of 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. 1 Page 18 of 19 j ©Insurance Services Office, Inc., 2011 EB 00 20 01 13 11. " 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, alterials, products or methods in design, drums or cells. c o nstruction, manufacture or operation, as 15. "One Breakdown" means if a initial r cognized by a"Green standards-setter". "Breakdown" causes other "Breakdowns", all 12. " reen standards-setter" means an will be considered "Orie Breakdon". All o ganization 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 "G reen" products and practices. "Green the direct result of the same cause will be s,andards-setters" include but are not limited considered"One Breakdown". 1 t 16. "Period of Restoration" means the period of a The Leadership in Energy and time that: Environmental Design (LEEDO) program of a. Begins at the time of the"Breakdown"or 24 the U.S. Green Building Council; hours before we receive notice of b ENERGY STAR, a joint program of the U.S. "Breakdown",whichever is later; and Environmental Protection Agency and the I b. Ends five consecutive days after the date U.S. Department of Energy; and when the damaged property at the c Green GlobesTM, a program of the Green premises described in the Declarations is Building Initiative. repaired or replaced with reasonable speed 13. azardous Substance" means any substance and similar quality. o her than ammonia that has been declared to 17. "Stock" means merchandise held in storage or b II hazardous to health by a government for sale, raw materials, property in process or a g ency. finished products including supplies used in their packing or shipping. II • • EB 00 20 01 13 ©Insurance Services Office, Inc., 2011 Page 19 of 19 i, I,', I IL 01 46 08 10 11' WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The I 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. i (Output Policy) Coverage Part, if made a part A. Cancellation I of this policy, by mailing or delivering to the first- Named Insured and the first Named Insured's 11. 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 us or the insurance producer in one of the cancellation for any structure where two or 1 following ways: more of the following conditions exist: I 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 I, c. Verbal notice. consecutive days, or at least 65% of the rental units are unoccupied for more than 1, Upon receipt of such notice, we will cancel this 120 consecutive days, unless'the structure policy or any binder issued as evidence of . is maintained for seasonal occupancy or is i coverage, effective on the later of the following: ,' under construction or repair; I, 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 2. We may cancel this policy .by mailing or satisfactory adjustment or adjudication of 1 'loss resulting from a fire; ' delivering to the first Named Insured and the I, 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; I' 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 has been cancellation if we cancel for nonpayment of declared unsafe in .accordance with i premium; or applicable law; I' e. Fixedsalvageable 45 days before the effective date of and sal ageable items have been I cancellation if we cancel for any other removed from the structure, indicating an 14 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 • I furnished for the structure 'for 60 consecutive days; or NI • g. The; structure is not maintained in I; substantial compliance with fire, safety and building codes. j • I , li , I IL 01 46 08 10 ©Insurance Services Office, Inc., 2010 'Page 1 of 4 Wolters Kluwer Financial Services I Uniform FormsrM 1r 1 • 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 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 u less the c 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 thel pro rata - may cancel the. Commercial Automobile refund. dvverage Part by mailing or delivering to the b. If: fi t Named Insured and the first Named I sured's agent .or broker written notice of (1) You are an individual; c IIncellation, including the actual reason for ' (2) A covered auto you ,own isl of the c-ncellation, to the last mailing address known "private passenger type"; t• us: (3) The policy does not cover garage, a 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 b 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 thin 90% of any policy is in effect less than 30 days; or , unearned portion not exceeding $100, plus c 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 of$500. d At least 20 days before the effective date of The cancellation will be effective even if we 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. - will also mail or deliver to any mortgage The first Named Insured shown in the Declarationsi hider, pledgee or other person shown in this is authorized to,make changes in the terms of this p•licy to have an interest in any loss which policy with our consent. This policy's terms can be m:y occur under this policy, at their last amended or waived only by endorsement issued mThling address known to us, written notice of by us and made a part of this policy. c-I'cellation, prior to the effective date of C. Examination Of Your Books And Records c- cellation. If cancellation is for reasons other We may examine and audit your books and th-n those contained in Paragraph A.3. above, th ! notice will be the same as that mailed or records as they relate to, this policy at any time durinddivered to the first Named Insured. If aftengathe policy period and up to three years rd. c I cellation is for a reason contained in P ragraph A.3. above, we will mail or deliver ' D. Inspection And Surveys thi I notice at least 20 days prior to the effective 1. We have the right to: d- a of cancellation. a. Make inspections and surveys at any time; 6. N•ltice of cancellation will state the effective b. Give you reports on the conditions we find; d. a of cancellation. The policy period will end and on that date. . c. Recommend changes. Page 2 o 4 © Insurance Services Office, Inc., 2010 IL 01 46 0810 , I 2. n 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 ' • 1 such actions we do undertake relate only to insurability and the premiums to be charged. mailing or delivering written; notice of 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 u's. We will 4+ of Workers or the public.And we do not warrant also mail to any mortgage holder, pledgee or thafconditions: other person shown in,this policy to have an •a. Are safe or healthful; or interest in any loss which may occur under this II b. Comply with laws, rlegulations, 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. li any inspections, surveys, reports or Otherwise,we will renew this policy unless: recommendations we May make relative to a. The first Named Insured fails t10 pay the certification, under state Cr municipal statutes, renewal premium after we have expressed ordinances'or regulations, of boilers, pressure our willingness to renew, including a vesels 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; b. Other coverage acceptable to the insured 1 Is responsible for the payment of all premiums; [, and has been procured prior to thel expiration J date of the policy; or 1 1 2. Will be the payee for any return premiums we ' paly 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 I Iolicy 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 indivildual Named Insured. a. You are an individual; Ifll'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 0810, ©Insurance Services Office, Inc., 2010 - Page 3 of 4 , I;1 i • t following applies to nonrenewal of the b. We will not refuse to renew Liability mmercial Automobile Coverage Part in , Coverage or Collision Coverag solely p .ce of G.1.: because an "insured" has submitted claims a, 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 irIIsurance, 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. we will have the right not to renew or continue it only at an anniversary of its original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the - current policy period. Failure to pay the required renewal or continuation premium. when due shall mean that you have not accepted our offer. • • • Page 4 of 4 ©Insurance Services Office, Inc., 2010 IL 01 46 08 10 i ZURICH THIS ENDORSEMENT.IS ATTACHED TO AND MADE PART OF YOUR , POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM (RELATING TO DISPOSITION OF TRIA) SCHEDULE* 1Ili (1) Piremium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Extension Act of 2005, ("TRIA") or lines subject to TRIA and the Terrorism,Risk Insurance Program Reauthorization Act of 2007(TRIPRA): None' If 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- Return Premium:N/A ,Additional Premium: N/A I If we;1notify you of an additional premium charge,the additional premium will be due as specified in such notice. *InfoIrmatlon required to complete this Schedule,if not shown above,will be shown in the Declarations. III A. Disclosure of Premium C. Possibility of Additional or Return Premium II, In accordance with the TRIA, we are required to The premium attributable to the risk of loss from provide you with a notice disclosing the portion of certified acts of terrorism coverage is calculated 1. 1your premium, if any, attributable to the risk of loss based on the coverage (if any) in effect at the from terrorist acts certified under that Act for lines beginning of your policy for certified, acts of subject to TRIA. That portion of your premium terrorism. If your policy contains a Conditional I.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 III explained in that endorsement) may modify the B. Disclosure of Federal Participation in Payment of extent of coverage (if any) your policy provides for Terrorism Losses li' J_ terrorism. If TRIA terminates or the Conditional The United States Government, Department of the Endorsement becomes applicable to your, policy, the Treashry, will pay a share of terrorism losses insured return premium (if any) or additional premium (if • t'nder the federal program. The federal,share equals any) shown in (2) of the Schedule will apply. If the 8'5% of that portion of the amount of such insured level or terms of federal participation change, the losses that exceeds the applicable insurer retention. premium shownin(1)of the Schedule,attributable to The ct 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 inyour premium. calendar year. The federal program established by the Act is scheduled to terminate at the end of December 31, 2014 unless-extended by the federal government. ' Includes copyrighted material of ISO Properties,Inc.with its permission. U-GU-692-C CW (06/13) Copyright Zurich American Insurance Company 2013 Page 1 of 1 • • t � CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insured's Name Policy Number Effective Date Endorsement Number ;City of Renton ;BM 9307613-12 <;1/1/2015 _1;1 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance: Equipment Break.own Protection Coverage Form A. Cap on Loss-s 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 l.f the United States,to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act("TRIA"). The Terrorism Risk Insurance Al provides that the Secretary of Treasury shall certify an act of terrorism: 1. to be an act .f terrorism; 2. to be a viola, t act or an act that is dangerous to human life, property,or infrastructure; 3. to have result ed 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)49, United States Code)or a United States flag vessel (or a vessel based principally in the United States,on w Ihich 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 bee 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 ay 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 worker'compensation)or if losses resulting from the act, in the aggregate for insurance subject to TRIA,do not exceed $5,000 000. If aggr=•ate insured losses attributable to one or more"certified acts of terrorism"exceed$100 billion in a Program Ye r'(January 1 throueh December 31)and we have met our insurer deductible under the Terrorism Risk Insurance Act,we shall not e liable for the pay' ent of any portion of the amount of such losses that exceeds$100 billion,and in such case insured losses up to that amoun.dare 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 oth:1-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 ZURICH • Advisory notice to policy holders regarding the U.S. ,Treasury Department's Office of Foreign Assets Control ("OFAC") regulations No coverage is provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S.Treasury Department'slOffice of Foreign Assets Control!("OFAC"). Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: ! • Foreign agents; • Front organizations; I. 1 • 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/about/organizationa I-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S.sanctions law or is a Specially Designated National and Blocked Person,as identified by OFAC,this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC 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. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GU-1041-A (3/11) • • Important Notice — In Witness Clause Z U R. C H In return fo the payment of premium, and subject to the terms of this policy, coverage is provided as stated in this policy. IN WITNES 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). 1/101 ?I) .)/Ilailitei '•resident Corporate Secretary QUESTION ill ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. "hould you require additional information or assistance in resolving a complaint, call or write to the following (please hav8 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 EQUIPMENT BREAKDOWN• EB 99 62 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERED EQUIPMENT DEDUCTIBLE WAIVER This endorsement modifies insurance provided under the following: EQUIPMENT BREAKDOWN COVERAGE PART With (respect to a subsequent "Breakdown" to "Cov- 2. The amount of the deductible waived will be ered 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 lof 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), replacement part(s) or equipment sustain a ing loss that may have been incurred; and similar"Breakdown" resulting frofm a similar cause. 3. Only during the time this policy or its replace- The deductible waiver shall apply as follows: ment issued by us remains in effect. 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"; II II • EB 99 62 0910 ©Insurance Services Office, Inc., 2009 Page 1 of 1 0 ' EQUIPMENT BREAKDOWN EB 99 63 09 10 T IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFF-PREMISES EQUIPMENT COVERAGE This en. rsement modifies insurance provided under the following: EQU PMENT BREAKDOWN COVERAGE PART A. Cov- age 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- t'o "covered Equipment" while such equipment is ment to the extent that "Covered Equipment" may awa from the premises described in the Declare- be mounted upon or used solely with a vehicle or tions and is: self-propelled equipment, unless such 'Covered 1. aerated under your control; Equipment" is used in the operation or propulsion of the vehicle or self-propelled equipment. 2. S tuated at a fixed location and not in transit; a d 3. I use or connected and ready for use. • EB 99 66 09 10 ©Insurance Services Office, Inc., 2009 Page 1 of 1 0 II I ' Z '' RICH EQUIPMENT BRE4.I�DOWN PROTECTION COVERAGE ENDORSEMENT Effective 01/01/2015 Policy Number BM 9307613-12 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. II Leased by or operated under the control of the Insured and located anywhere in the Coverage Territory of the Equipment II Breakdown 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. I Each location owned by,leased by or operated under the control of the Insured on the date for which the report is prepared. B. -ft a 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:01/13/2015 Endorsement No.2 U-BMS-180(09/88) r7 ZU I� ICH EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 0 /01/2015 Policy Number BM 9307613-12 of the Zurich American Insurance Company issued to City of Renton (name of insured) is change. as shown below: The followi g wording is deleted from the policy: F.Definitio s 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:01/13/2015 Endorsement No.3 U-BMS-180(09/88) • II ZU RI C H • EQUIPMENT BREAKDOWN PROTECTION COVERAGE • ,ENDORSEMENT Effective 01/01/2015 Policy Number BM 9307613-12 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 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. 11, • • Date:01/13/2015 • Endorsement No.4 U-BMS-180(09/88) • Z U I C H EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 0"/01/2015 Policy Number-BM 9307613-12 of the Zurich American Insurance Company issued to City of Renton (name of insured) is changed The following is added to the policy: MISCELLANEOUS UNNAMED LOCATIONS The Company will pay for direct physical loss of or damage caused by a Covered Cause of Loss at a Location,as ell as Ammonia Contamination,Spoilage Damage,Consequential Loss,Utility Interruption and for the actual Time lement loss sustained by the Insured,during the Period of Liability,resulting from the Suspension of the Insured's ousiness activities if such Suspension is caused by the direct physical loss or damage to: a:.Covered Property at a Location that has been reported to the Insurer,but agreed by the Insurer not to be described; b .Covered Property at a Location that has not been reported to the Insurer and is under the Insured's care, custody and control;or c).Covered Property at a Location that has not been reported to the Insurer and is not under the Insured's care, custody and control. This Coverage will not apply for loss or damage that is payable under any"other provision in this Policy.. � r Date:01/13/2015 Endorsement No.5_ U-BMS-180(09/88) Z IJ RI C H EQUIPMENT BREAKDOWN PROTECTION COVERAGE ENDORSEMENT Effective 01/01/2014 Policy Number BM 9307613-12 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)III(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. li (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 Date:01/13/2015 • Endorsement No.6 U-BMS-180(09/88) I EQUIPMENT BREAKDOWN EB 01 43 09 07 1T IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT'CAREFULLy. IMITED COVERAGE FOR FUNGUS, WET ROT ANDI DRY ROT - WASHINGTON This en I orsement modifies insurance provided under the following: - EQ IPMENT BREAKDOWN COVERAGE PART Limits cif Insurance Paragraphs C.6.a.(4), C.6.a.(5) and C.6 b.(2)are deleted and do not apply. EB 01 4 09 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM I' ` EQUIPMENT BREAKDOWN EB 01 25 03 09 1,'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1` WASHINGTON CHANGES 11 1 This iendorsement modifies insurance provided under the following: EQUIPMENT BREAKDOWN COVERAGE PART A. The introductory paragraphs) preceding the list of f. Waterbome material carried or otherwise exclusions in the Exclusions are replaced by the moved by any of the water referred to in following: I 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: 11. Directly and solely results in loss or damage; or (2) Is caused by an act of nature; 2 Initiates a sequence of events that results in (3) Is caused by an act or omission of humans IT 1 1 or animals; or loss or damage, regardless of the nature of any I, intermediate or final event in that sequence. (4) Is attributable to the failure, in whole or in The exclusions apply whether or not the loss event part, of a dam, levee, seawall or other boundary or containment system. results in widespread damage or affects a sub- etantii I area. I C. In Loss Condition b. Appraisal in the Equipment Breakdown Protection Conditions, the last sen- B. Exclusion 3. Water in the Exclusions is replaced tence is replaced by the following: by the following: I I Neither we nor you shall be held to have waived 3'. Water any rights by any act relating to appraisal. 11 a. Flood, surface water,;waves (including tidal D. Loss Condition f. Legal Action Against Us in the I, 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 II b Mudslide or mudflow;i No one may bring a legal action against us under this Coverage Part unless: ' c. Water that backs up jor overflows or is oth- erwise discharged from a sewer, drain, (1) There has been full compliance with all I, sump, sump pump orlrelated equipment; the terms of this Coverage Part; and d. Water damage caused by the discharge or (2) The action is brought within two'years I 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 1'' e. Water under the ground obligation to pay for damage to "Cov- und surface pressing on, or flowing or seeping through: ered Property" of others or until the ( amount of that obligation 'has been de- 1) Foundations, wells, floors or paved termined by final judgment or arbitration I, 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)�I Doors,windows or other openings; or termine your liability. I I, I EB;01 25 03 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 1, I 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 regular mail, registered mail, or certified mail with return receipt requested. Page 2 of 2 ©Insurance Services Office, Inc.,2008 EB 01 25 03 09 0 CITY OF RENTON I ; NOV 1 6 2015 EXCESS AUTO LEGAL LIABILITY RECEIVED CITY CLERICS OFFICE This policy is amended as follows: Exclusion (g) and (h)(1) under'COVERAGE A do not apply to any "auto" owned, operated by, rented, leased, or loaned ito you, while in use as a part of your "aviation operations", and the coverage provided by this endorsement shall apply only to your"aviation operations". We will indemnify you, or any Insured against "ultimate net loss" ih excess of the underlying liability insurance scheduled in(B)and (C) below and arising but of the hazards covered therein, carried by you, or any Insured but only up to an amount not exceeding the limit shown in (A) below. Except las indicated below, coverage provided by this endorsement shall follow the insuring agreements, conditions'and exclusions of the underlying insurance scheduled in (B) or(C) below. Underlying insurance shall be maintained with limits as scheduled in (B)or(C)below except for reduction of such limits by exhaustion of aggregate limits (if any) contained therein solely by, payment of claims resulting from accidents or"occurrences"happening during the policy period thereof. Failure of you or any Insured to maintain the underlying insurance shall;not invalidate the coverage afforded under this endorsement, but in the event of such failure: 1. Under the underlying insurence'scheduled in(B)below,we shall be liable only to the same extent as we would have been had you or any Insured maintained the underlying insurance. 2. ;Under the underlying insurance scheduled in(C)below,we shall be liable only to the same extent as we (would have had you or any Insured maintained either of the following ISO Business Auto Coverage Forms: A. !CA 00 01 03-06 as on:file with the"Aviation Managers"for Insureds residing in all states except Connecticut, New Hampshire and Virginia. (Copies are available upon request). B. CA 00 01 10 01 as on file with the"Aviation Managers"for Insureds residing in Connecticut, New Hampshire and Virginia. (Copies are available upon request). ' We shall not be liable for any reduction in the underlying insurance due to any other cause including the insolvency or bankruptcy of any insurer or self-insurer, or non payment by any underlying insurer. Unless aggregate limits are specifically stated in this endorsement, the coverage provided by this endorsement applies only with respect to each accident or"occurrence"for limits in excess of the amount provided for same in the underlying insurance and does not apply over any reduced amount of underlying insurance in the event of the exhaustion or reduction of aggregate limits(if any) in the underlying insurance. I If aggregate limits are specifically stated in this endorsement, this endorsement will apply in excess of reduced underlying insurance provided such reduction in the underlying insurance is solely the result of accidents or "occurrences" happening after the inception date of this endorsement. You or any Insured shall give us written notice as soon as possible of any reduction or exhaustion of such aggregate limit in the underlying insurance. 1 If more than one Insured is named in the Declarations, such additional Insured(s) shall not have the effect of increaeling our limit of liability for each accident or"occurrence"stated in (A) below. I , i CGL1059(1/08) Page 1 of Endorsement No. 29 Ii , I . ' • I ULTIM TENET LOSS AND COSTS: "Ultim e net loss" shall mean the sums paid in settlement of losses for which you or any Insured is liable after makin deductions for all recoveries, salvages and other insurances(other than recoveries under the underlying insura ce, policies of coinsurance, or policies specifically in excess hereof)whether recoverable or not, and shall exclud all"Costs". The w d"Costs"shall mean interest on judgments, investigation, adjustment and legal expenses including taxed court sts, and premiums on bonds, for which you or any Insured is not,covered by the underlying insurance excludi I g, however, (a) all expenses for salaried employees and counsel on general retainer, (b) all your or any other I sured's office expenses, and (c) regular fees paid to counsel on general retainer. 1. In he event of claim or"suit" arising which appears likely to exceed the underlying insurance limit or limits, no`'Costs"shall be incurred by you or any Insured without our written consent. 2. Should such claim or"suit"be settled previous to going into court for not more than the underlying insurance lim I or limits, then no"Costs"shall be payable by us. 3. Sh 0 uld, however, the sum for which the said claim or"suit" may be settled exceed the underlying insurance lim t or limits, then we, if we approve such settlement or consent to the proceeding continuing, shall co `tribute to the"Costs"incurred by you or any Insured in the ratio that it's proportion of the"ultimate net los "as finally adjusted bears to the whole amount of such "ultimate net loss". 4. In [I e event you or any Insured elects not to appeal a judgment in excess of the underlying insurance limit or lim s, we may elect to conduct such appeal at our own cost and expense and shall be liable for thie taxable co costs and interests incidental thereto, but in no event shall our total liability exceed its limit or limits as set 1 nder(A) below, plus the costs of such appeal. 5. In e event a judgment is rendered in excess of the underlying insurance limit or limits and the underlying ins rer or insurers elect to appeal such judgment, the duty of obtaining an appeal bond in regard to iability in ex•�-ss of the underlying insurance limit or limits shall rest with you or any Insured and your underlying ins rer or insurers. EXCL SIONS: In addi ion to the exclusions in the underlying policy, coverage provided by this endorsement is subject to the follows s COMMON POLICY EXCLUSIONS set forth under this policy: 1. Noi-e and Pollution and Other Perils Exclusion Clause 2. As•el stos Exclusion 3. Nun ear Risks Exclusion Clause 4. Sp! ial Airport Provisions,Exclusion Clause 5. Way Hijacking and Other Perils Exclusion Clause Coverje does not apply to any obligation of the Insured under a "No Fault", "Uninsured Motorist" or "Underi"sured Motorist" law, except as may otherwise be required by law. CGL10';s (1/08) Page 2 of Endorsement No. 29 • LIMITS OF LIABILITY: (A) Limits hereunder$50,000,000. for any one accident or"occurrence" EXCESS OF: (B) Underlying Insurance: Policy Number:CT-2015 Policy Period: 01/01/15 TO 01/01/16 Liability Limit: $20,000,000. for any one accident or"occurrence" Insurer:WASHINGTON CITIES INSURANCE AUTHORITY OR, (C) Sell Insured Retention: $NIA for any one accident or"occurrence" I � • All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 I issued to CITY OR RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 29 Date of Issue June 22, 2015 MSD By (Authorized Representative) CGL1059 (1/08) • Page 3 AVIATION COMMERCIAL GENERAL LIABILITY • DECLARATIONS POLIC NUMBER: AP 028803096-51 PREVIOUS POLICY'NUMBER: NEW ISSU°D BY: PRODUCER: NATIONAL UNION FIRE INSURANCE COMPANY OF ALLIANT INSURANCE SERVICES, INC. PITT',IBURGH, PA 720 OLIVE WAY, SUITE 1700 175 V 1ATER STREET, 18TH FLOOR SEATTLE, WA 98101 NEW''ORK, NY 10038 NAMEO INSURED: CITY OF RENTON MAIL! G ADDRESS: 1055 . GRADY WAY REN kN, WA 98057 POLI' Y PERIOD: FROM January 1. 2015 TO January 1,2016 AT 12:01 A.M. TIME AT Y UR MAILING ADDRESS SHOWN ABOVE IN R URN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS F THIS POLI Y,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EAC I OCCURRENCE LIMIT $ 100.000,000. DAMAGE TO PREMISES RENTED TO YOU LIMIT $ 500.000. Any one premises MEDICAL EXPENSE LIMIT $ 5.000. Any one person PER'ONAL&ADVERTISING INJURY AGGREGATE LIMIT $ 50.000,000. GEN:RAL AGGREGATE LIMIT $ NOT APPLICABLE PRO DIUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $ 100,000.000. HAN c•ARKEEPERS LIMIT EACH AIRCRAFT LIMIT $ 100.000.000. EACH LOSS LIMIT $ 100.000.000. HANGARKEEPER'S DEDUCTIBLE $_ 0. Each aircraft DESCRIPTION OF BUSINESS FOR OF BUSINESS: ❑ I DIVIDUAL ❑ PARTNERSHIP [ JOINT VENTURE n TRUST ❑ IMITED LIABILITY COMPANY X❑ ORGANIZATION, INCLUDING A CORPORATION (BUT NOT INCLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY) BUSI ESS DESCRIPTION: GOVERNMENTAL SUBDIVISION CGLO4 12/05) Page of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission ALL PREMISES YOU OWN, RENT OR OCCUPY ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY KRNT - RENTON MUNICIPAL AIRPORT RENTON, WASHINGTON, USA &ALL PREMISES NECESARY AND INCIDENTAL TO THE AVIATION OPERATIONS OF THE NAMED INSURED. PREMIUM STATE TAX OR OTHER(if applicable) $ 22,774. PREMIUM SHOWN AT INCEPTION IS PAYABLE: Annually $ 22.774. TRIAPREMIUM: Purchased ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S)AND ANY ENDORSEMENT(S),COMPLETE THE ABOVE NUMBERED POLICY Countersigned: j Approved By: • ark\--- (Authorized Representative) Date of Issue January 5, 2015 MSD CGLO4 (2/05) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.with its permission FORMS SCHEDULE POLICYHOLDER CITY OF RENTON 11 POLICY NO. AP 028803096-51 POLIC ly PERIOD: From January 1, 2015 to January 1, 2016 The follmwing forms are attached to the policy at inception. FORMINUMBER AND VE,,SION DATE FORM TITLE CGLO, (02-05) Aviation Commercial General Liability Declarations CGL02 GNU (02-05) Commercial General Liability Coverage Form CGL23 1 (03-05) Amendment Of Coverage Territory-Worldwide Coverage CGL12 1 (07-09) Amendment Of Bodily Injury Definition CGL12 8 (11-09) National Incident Management System/National Response Plan NIMS Agreement Endorsement-2 CGL12r9 (11-09) Mutual Aid Agreement-2 CGL121.0(11-09) Aviation Operations Definition Endorsement CGL801I (03-05) Multiple Year Policy Endorsement CGL20 (08-11) Cancellation By Us Endorsement UE882 01-05) Asbestos Exclusion Endorsement UE38B (01-05) Nuclear Risks Exclusion Clause AVN38B UE200111A(01-05) Date Recognition Exclusion Clause AVN2000A CGL200I2A(03-05) Date Recognition Limited Coverage Clause AVN2002A UE46B (01-05) - Noise And Pollution And Other Perils Exclusion,Clause AVN46B CGL51; (03-05) Pollution Or Contamination Of The Product Sold Or Supplied UE858 102-08) Exclusion Deletion Endorsement UE48B IWA(09-05) War Hi-jacking And Other Perils Exclusion Clause Aviation AVN48B -Washington CGL12-7-WA(11-09) War Hi-jacking And Other Perils Exclusion Clause Aviation AVN48B Amendatory Endorsement-WA CGL52 i (03-10) Extended Coverage Endorsement Aviation Liabilities CGL13°5 (06-14) Airport Expansion Endorsement CGL84,, (03-05) Non-Owned Aircraft Liability Endorsement-Airport Owner/ Operator CGL38 i(03-05) Cargo Liability Endorsement CGL121 (03-10) Employee Benefits Liability Endorsement CGL661I(03-05) Garagekeepers Liability CGL1010 (01-08) Excess Employer's Liability CGL23 1 (03-05) Waiver Of Governmental Immunity UE143 (06-14) Sanctions and Embargo Clause-AVN111 CGL98:� (11-05) Washington Amendatory Endorsement CGL11°3-WA(04-10) Washington Amendatory Endorsement Claims Denial for Causation UE1241 WA(03-14) Washington Amendatory Endorsement UE101 (04-13) Policyholder Notice All othe provisions of this policy remain the same. UE127: (6/10) Page 1 . • NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. 175 WATER STREET, 18TH FLOOR ' NEW YORK, NY 10038 . COMMERCIALS GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.Throughout this policy the words "you"and "your"refer to the Named Insured shown in the.Declarations', 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 rd "insured" means any person or organization qualifying as such under Section II -Who Is An Insured. •Other words and phrases that appear in quotation marks have special meaning. Refer to Section V-Definitions. 111 SECTION I -COVERAGES COVERAGE A BODILY INJUI�Y,AND PROPERTY DAMAGE LIABILITY . 1. Insuring Agreement . a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily injury"or"property damage"to which this insurance applies resulting from your"aviation operations". We . will have the right and duty to defend the insured against any "suit" 'seeking those damages. However, we will have no duty Ito defend the insured against any "suit" seeking damages for "bodily injury" or. "prop "o"ocrty currence"ande" to'which this settle any claim orinsurance that may resut lt. may, at our discretion, investigate any (1) The amount we will pay for damages is limited as described in Section III -Limits Of Insurance; and. (2) Our right and duty to defend ends when we have used up the applicable limit of.insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. 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 and D. b. .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"; , (2) The"bodily injury"or"property damage"occurs during the policy period; and r i , (3) Prior to the policy,period, no insured listed under Paragraph 1. of Section II -Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence".or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or"property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after thel policy period will be deemed to have been known prior to the policy period. c. "Bodily injury"or"property damage"which occurs during the policy period and was not, prior to the policy ' period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by -you to give or receive notice of an "occurrence" or claim, includes any continuation, change, or resumption of that"bodily injury"or"property damage"after the end of the policy period. , . l , CGL02,(2/05) Page 1 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission d. 'Bodily injury"or"property damage"will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence"or claim: (1) Reports all, or any part, of the"bodily injury"or"property damage"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the"bodily injury"or"property damage"; or (3) Becomes aware by any other means that "bodily injury" or"property damage" has occurred or has begun to occur. e. Damages because of"bodily injury"include damages claimed by any person or organization for care, loss f services or death resulting at any time for the"bodily injury". , 2. Ex. usions Thi 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 ' xclusion does not apply to"bodily injury"resulting from the use of reasonable force to protect persons or •roperty. b. Contractual Liability , Bodily injury" or"property damage" for which the insured is obligated,to pay damages by reason of the :ssumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 11) That the insured would have in the absence of the contract or agreement; or 2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"bodily injury"or"property damage", provided: , • (a) Liability to such party for, or for the cost of, that parry's defense has also been assumed in the same"insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which'this insurance applies are alleged. c. 1 iquor Liability Bodily injury"or"property damage"for which any insured may be held liable by reason of: I(I) Causing or contributing to the intoxication of any person;I ►) The furnishing of alcoholic beverages to a person under the legal drinking age or under the i ifluence of alcohol; or 3) Any statute, ordinance, or regulation relating to the sale,'gift, distribution or use of alcoholic beverages. - CGLO2 (" /05) Page 2 of 28 • Includes copyrighted material of Insurance Services Office, Inc.with its permission • This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. I i ) 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. Employer's.Liability • "Bodily injury"to: (1) 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) The spouse, child, parent, brother, or sister of the "employee" as a consequence of Paragraph (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 ito 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".1 f. Air Traffic Control "Bodily injury"or"property damage"arising out of air traffic control operations on the ground or in the air. g. ! 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 r rented or loaned toany insured.. P Use includes operation and "loadingor unloading" and, with respect to "aircraft", operated by also includes operation on behalf of any insured. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any "aircraft", "auto", or watercraft that is owned or operated by'or rented or loaned to any insured; This exclusion does not apply to: (1) 'A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) 'Less than 26 feet long;•and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the,"auto" is not owned by or rented or loaned to you or the insured; S CGLO2 (2/05) I Page 3 of 28 ' Includes copyrighted material of Insurance Services Office, Inc.with its permission I I ' 4) Liability assumed under any "insured contract" for the ownership, maintenance, or use of watercraft; or 5) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if'it were not subject to a compdilsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of"mobile equipment". h. obile Equipment Bodily injury"or"property damage"arising out of: 11) The transportation of"mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or 2) The use of "mobile equipment" in, or while in practice for, or while being prepared for any prearranged racing, speed, demolition, or stunting activity. ppropriation By Government Power Property damage"arising out of the appropriation of property or property rights by governmental power. j. mamage To Property 'Property damage"to: 11) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement,restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 12) Premises you sell, give away or abandon, if the "property damage" arises out of any part'of those premises; ) Property loaned to you; 14) Personal property in,the care, custody, or control of the insured; li5) That particular part of real property on which you or any contractors or subcontractors'working directly or indirectly on your behalf are performing operations, if the"property damage" arises out of those operations; or I 16) That particular part of any property that must be restored, repaired, or replaced because"your work was incorrectly performed on it. Iaragraph (1), (3), and (4) of this exclusion do not apply to "property damage" (other than da age by `ire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer ,onsecutive days. A separate limit of insurance applies to Damage To Premises Rented Toi You as . Described in Section III -Limits Of Insurance. • CGL02 I"/05) Page 4 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission 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 (6) of this exclusion does not apply to"property damage" included in the"products-completed operations hazard". k. Damage To Your Product "Property damage"to'"your product"arising out of it or any part of it. I. 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 was performed on your behalf by a subcontractor. m.' 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. n. 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) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because;of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury"arising out of"personal and advertising injury". p. Electronic Data Damages arising out of the "loss" of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. CGL02 (2/05) Page 5 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission s used in this exclusion, electronic data means information, facts or programs stored as or on, created r used on, or transmitted to or from computer software, including systems and applications software, and or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which re used with electronically controlled equipment. q. mployment-Related Practices ' odily injury"to: ) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, dl motion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination directed at that person; 2) The spouse, child, parent, brother, or sister of that person as a consequence of"bodily injury"to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. his exclusion applies: Whether the insured may be liable as an employer or in any other capacity; and ►) To any obligation to share damages with or to repay someone else who must pay damages •ecause of the injury: xclusions c. through n. do not apply to damage by fire to premises while rented to you or to porarily ccupied by you with permission of the owner. A separate limit of insurance applies to this coverage as escribed in Section.III -Limits Of Insurance. COVE GE B-PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insu ing Agreement a. 1 e will pay those sums that the insured becomes legally obligated to pay as damages because of }ersonal and advertising injury"to which this insurance applies resulting from your"aviation operations". e will have the right and duty to defend the insured against any "suit" seeking those damages. owever, we will have no duty to defend the insured against any "suit" seeking damages for "ersonal end advertising injury"to which this insurance does not apply. We may, at our discretion, investigate any ftffense and settle any claim or"suit"that may result. But: 1) The amount we will pay for damages is limited as described in Section III -Limits Of Insurance; and In) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. o other obligation or liability to pay sums or perform acts or services is covered unless explicitly �I rovided for under Supplementary Payments-Coverages A, B, and D. b. his insurance applies to "personal and 'advertising injury" caused by an offense arising out of your ' -viation operations" but only if the offense was committed in the "coverage territory" during tl-e policy •eriod. CGL02 (1/05) Page 6 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission I 2. Exclusions. I This insurance does not apply to: III a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict"personal and advertising injury". 1 b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the II direction of the insured with knowledge of its falsity.9 tY 1, c. Material Published Prior To Policy Period "Personal and advertising .injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 1 1 d. Criminal Acts II "Personal and advertising injury" arising out of a criminal,act committed by or at the direction of the insured. 1 !I e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. ! i II I 1, f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your"advertisement". g. Quality Or Performance Of Goods -'Failure To Conform To Statements ' "Personal and advertising injury" arising out of the failure of goods, products, or services to'conform with any statement of quality or performance made in your"advertisement". 1 1 II h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods,', products, or services stated in your"advertisement". i. Infringement Of Copyright, Patent,Trademark Or Trade Secret . "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade 111! secret or other intellectual property rights. - apply to infringement inyour"advertisement" of co ri ht�� trade However, this exclusion does notdress, PPY 9 PY 9 , or slogan. 1,, j. Insureds In Media Aid Internet Type Businesses "Personal and advertising injury"committed by an insured whose business!is: "I (1) Advertising, broadcasting, publishing, or telecasting; ' II 9 I (2) Designing or determining content of web-sites for others;"or (3) An Internet search, access, content, or service provider. 1 1 CGL02 (2/05) ` I Page 7 of 28 Includes copyrighted material of Insurance Services Office, Inc:with its permission I owever, this exclusion does not apply to Paragraphs a., b., and c. of"personal and advertising injury" nder the Definitions Section. i or the purposes of this exclusion, the placing of frames, borders or links, or advertising for you r others nywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, •ublishing, or telecasting. k. electronic Chatrooms Or Bulletin Boards ' 'ersonal and advertising injury"arising out of an electronic chatroom or bulletin board the insured hosts, • ns, or over which the insured exercises control. I. nauthorized Use Of Another's Name Or Product ' 'ersonal and advertising injury" arising out of the unauthorized use of another's name or product in your : mail address, domain name or metatag, or any other similar tactics to mislead another's •otential lustomers. m. employment-Related Practices ' 'ersonal and advertising injury"to: I ) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; (c) Employment-related practices, policies, acts or omissions, such as coercion, d-motion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination directed at that person; or I ) The spouse, child, parent, brother, or sister of that person as a`consequence of "personal and advertising injury" to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or(c) above is directed. his exclusion applies: . I i ) Whether you may be held liable as an employer or in any other capacity; and . . ) To any obligation to share damages with or to repay someone else who must pay damages because of the injury. n. aking Of Or Exercising Of Property Rights ' r ersonal injury" arising out of the taking of or exercising of the property rights of others by me-flight or Other operation of"aircraft". COVE" 11GE C MEDICAL PAYMENTS 1. Insu"ing Agreement a. I e will pay medical expenses as described below for"bodily injury"caused by an accident: (1► On premises you own or rent; (2j On ways next to premises you own or rent; or . . . (3 Because of your"aviation operations"; CGLO2 ( /05) Page 8 of 28 Includes copyrighted material of Insurance Services Office,.Inc.with itspermission 1 ' 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.q b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for - (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and I professional nursing, and funeral services. 1 (3) Necessaryambulance, hospital, P . I 2. Exclusions . 7 We will not pay expenses for"bodily injury": a. Any Insured To any insured, except"volunteer workers". 1 b. Hired Person To aperson hired to do work for or on behalf of anyinsured or a tenant of anyinsured. 1 I c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. II d. Workers Compensation'And Similar Laws To a person,whether lornot an"employee"of any insured, if benefits for the"bodily injury"are payable or must beprovided under a workers'compensation or disabilitybenefits law or a similar law.' P e. Athletics Activities To a person injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the"products-completed operations hazard". , ' g. Coverage A Exclusions 111 Excluded under Coverage A. COVERAGE D HANGARKEEPERS LIABILITY I 1.11' Insuring Agreement I a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of"loss" II to "aircraft" (subject to the deductible shown in the Declarations if applicable unless such "loss" results from fire or explosion or while the "aircraft" is dismantled and being transported) occurring while such 1 "aircraft" is in the care, custody or control of the insured for safekeeping, storage,service or repair. We • II will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, II investigate any"loss"and settle any claim or"suit"that may result. But: i il C��IGL02 (2/05) I Page 9 of 28 II Includes copyrighted material of Insurance Services Office, Inc.with its permission The amount we will pay for damages,is limited as described in Section III -Limits Of Insurance; and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage D. f , ) When you repair damages which you have caused, we will not pay more than: (a) your actual net cost for necessary material and parts of like kind and quality; and (b) your actual wages for labor at current straight time rates with no premium for overtime, plus 100% of such wages as an allowance for overhead and supervision. II o other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments-Coverages A, B, and D. b. his insurance applies to damages because of"loss"to"aircraft"only if: 1) The"loss"takes place in the"coverage territory"; and 9) The"loss"occurs during the policy period. 2. Exc sions This nsurance does not apply to: a. he insured's liability under any agreement to be responsible for"loss"; b. " oss"to robes, wearing apparel, personal effects or merchandise; c. o "loss"or damage to"aircraft"or parts of"aircraft"; 11) Owned by, leased to, rented to, or loaned to the insured or partner(s) of the insured; a) Owned by, leased to, rented to, or loaned to an officer or "employee" of the insured unless the property is an "aircraft" in your custody under agreement for which a charge has been made; d. ' oss"due to theft or conversion caused in any way by you, your"employees", your partners or by your -Ihareholders; e. ' oss"to"your work"arising out of it or any part of it; or f. ' oss"to"aircraft"while"in flight". SUPPL: ENTARY PAYMENTS-COVERAGES A, B,AND D 1. We I ill pay, with respect to any claims we investigate or settle or any"suit"against an insured we defend: a. I II expenses we incur. b. II p to $5,000. for cost of bail bonds required because of accidents or traffic law violations arising out of e use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish ese bonds'. c. he cost of bonds to release attachments, but only for bond amounts within the applicable limit of i surance. We do not have to furnish these bonds. d. till reasonable expenses incurred by the insured at our request to assist us in the investigation or(defense ii f the claim or"suit", including actual loss of earnings up to$250. a day because of time off from work. CGL02 ('/05) Page 10 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission ' � I i I e. All costs taxed against the insured in the"suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest'based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment land before we have paid, offered to Pay, or deposited in court the part of the judgment that is within the'applicable limit of insurance. These,payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as al partyto the 9 "suit",we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the) indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; , b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee has also been assumed by the insured in the same"insured contract"; d. The indemnitee: I ' I (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement, or defense of the"suit"; (b) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the"suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the"suit"; and (b) Conduct and control the defense of the indemnitee in such"suit". 11 Provided that the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2. b. (2) of Section I -Coverages A Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for"bodily injury"and"property damage"and will not reduce the limits of insurance.' Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. CGL02 (2/05) Page 11 of 28 Includes copyrighted material of Insurance.Services Office, Inc.with its permission SECTIO II -WHO IS AN INSURED 1. If yo are designated in the Declarations as: a. n individual, you and your spouse are insureds, but only with respect to the conduct of a business of fl hich you are the sole owner. b. I partnership or joint venture, you are an insured. Your members, your partners, and their spouses are :Iso insureds, but only with respect to the conduct of your business. c. limited liability company,you are an insured. Your members are also insureds, but only with respect to e conduct of your business. Your managers are insureds, but only with respect to their duties)as your anagers. d. °n organization other than a partnership, joint venture, or limited liability company, you are an insured. lour"executive officers" and directors are insureds, but only with respect to their duties as yourT officers aI r directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as ustees. 2. Eac` of the following is also an insured: a. (lour "volunteer workers" only while performing duties related to the conduct of your business, or your mployees", other than either your "executive officers" (if you are an organization other than a •artnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties 1I lated to the conduct of your business. However, none of these"employees" or"volunteer workers" are i sureds for 1) "Bodily injury"or"personal and advertising injury": (a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the,conduct of your business, or to yoLr other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a)or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. ') "Property damage"to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by •u, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or jr int venture), or any member(if you are a limited liability company). b. 'ny person (other than your"employee" or"volunteer worker"), or any organization while acting as your -al estate manager. CGL02 ("/05) Page 12 of 28 Includes copyrighted material of Insurance Services Office, Inc..with its permission I '1 • • c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company,and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance availableto that organization. However, a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before you acquired or formed the organization; c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization; d. Coverage C does not apply to medical expenses arising out of"bodily injury" that occurred before you acquired or formed the organization; and e. Coverage D does not apply to"loss"to"aircraft" before you acquired or formed the organization. Noi person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or"suits" brought; c. Persons or organizations making claims or bringing "suits"; or d. "Aircraft"to which Coverage D applies. 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the"products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of"bodily injury"and "property damage" included in the"products-completed operations,hazard". 4. Subject to 2. above, the Personal And Advertising Injury Aggregate Limit is the most we will pay under Coverage B for the sum of all damages because of all"personal and advertising injury". CGL02'(2/05) Page 13 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission 5. Subj ct to 2. or 3. above, whichever applies,the Each Occurrence Limit is the most we will pay for the sum of: - a. !Damages under Coverage A; and b. edical Expenses under Coverage C bec- se of all "bodily injury"and "property damage"arising out of any one"occurrence". 6. Subj Tot to 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for •amages because of "property damage" to any one premises, while rented to you, or in the case of dam-ge by fire,while rented to you or temporarily occupied by you with permission of the owner. 7. Subj-ct to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical exp=lses because of"bodily injury"sustained by any one person. • 8. The Hangarkeepers' Each Loss Limit is the most we will pay for the sum of damages under Coverage D bec-use of any one"loss". 9. Subjl-ct to 8. above, the Hangarkeepers' Each,A ircraft Limit is the most we will pay for,the sum of amages und- Coverage D because of"loss"to any one"aircraft" in any one"loss". The Lim s of Insurance of this Policy apply separately to each consecutive annual period and to any r maining period o less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the poll.' period-is extended after issuance for an additional period of less than 12 months. In that c se, the addition 1 period will be deemed part of the last preceding period for purposes of determining the imits of Insuran t. , SECTIO IV-COMMERCIAL GENERAL LIABILITY CONDITIONS 1: Ban I ruptcy , Ban i i uptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this olicy. 2. Can'ellation , II a. he first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us dvance written notice of cancellation. , b. 1 e or the"Aviation Managers" may cancel this policy by mailing or delivering to the first Named Insured ritten notice of cancellation at least: I ) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or ?) 30 days before the effective date of cancellation if we cancel for any other reason. c. I e or the "Aviation Managers" will mail or deliver our notice to the first Named Insured's last mailing iddress known to-us. _ d. otice of cancellation will state the effective date of cancellation. The policy period will end on that date. • e. this policy is cancelled,we will send the first Named Insured any premium refund due. If we cancel, the fund 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 a refund. f. notice is mailed, proof of mailing will be sufficient proof of notice. i CGL02 ( /05) . Page 14 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission 3. 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 the "Aviation Managers"and made a part of this policy. 4. Duties In The Event of Occurrence, Offense,Claim, Or Suit a. You must see to it that we or the "Aviation Managers" are notified 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: (1) Immediately record the specifics of the claim or"suit"and the date received; and (2) Notify us or the"Aviation Managers"as soon as practicable. You must see to it that we or the"Aviation Managers" receive written notice of the claim or"suit"as soon as practicable. c. You and any other involved insured must: • (1) Immediately send us or the "Aviation Managers" copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; (2) Authorize us or the"Aviation Managers"to obtain records and other information; (3) Cooperate with us or the "Aviation Managers" in the investigation or settlement of the claim or defense against the"suit"; and (4) Assist us or the "Aviation Managers", upon our request, in the enforcement of any right against any person or organization which•may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent or the consent of the"Aviation Managers". 5. Examination Of Your Books And Records We or the"Aviation Managers"may examine and audit your books and records as they relate to this policy at any time during the policyl period and up to three years afterword. 6. Inspections And Surveys a. We have the right to: (1) Make inspections,and surveys at anytime; 11 (2) Give you reports on the conditions we'find; and • (3) Recommend changes. • CGL02;(2/05) Page 15 of 28 I Includes copyrighted material of Insurance Services Office, Inc.with its permission b. e are not obligated to make any inspections, surveys, reports, or recommendations and any such i.ctions we do undertake relate only to insurability and the premiums to be charged. II I e do not make safety inspections. We do not undertake to perform the duty of any person or 1 rganization to provide for the health or safety of workers or the public. And, we do not war ant that onditions , Are safe or healthful; or Comply with laws, regulations, codes, or standards. c. 'aragraphs a.and b. of this condition apply not only to us, but also to any rating, advisory, rate service'or 'III organization which makes insurance inspections, survey's, reports, or recommendations. d. 'I aragraph b. of this condition does not apply to any inspections, surveys, reports, or recommendations e may make relative to certification under state or municipal statutes, ordinances, or regulations of oilers, pressure vessels, or elevators. 7. S Leg.1 Action Against Us No • rson or organization has a right under this Policy: a. ` o join us as a party or otherwise bring us into a"suit"asking for damages from an insured; or b. I o sue us on this Policy unless there has been full compliance with all policy terms. A p-.rson or organization may sue us to recover on an agreed settlement or on a final judgment a•ainst an insu ed obtained after an actual trial; but we will not be liable for damages that are not payable under the ter - of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settl1 ment and release of liability signed by us, the insured, and the claimant or the claimant's legal repr sentative. Service of process may be made upon the "Aviation Managers" on behalf of the Company. Ho -ver, we do not waive our rights to commence an action in any court of competent jurisdiction or to seek a tr_ sfer to another court as permitted by law. , 8. Oth•rInsurance If ot I er valid and collectible insurance is available to the insured for a"loss"we cover under Coverages A, B, or D sf this Policy, our obligations are limited,as follows: a. i rimary Insurance ` his insurance is primary except when b. below applies. If this insurance is primary, our obligations are Iot affected unless any of the other insurance-is also primary. Then, we will share with all tl-at other I surance by the method described in c. below. -- , b. xcess Insurance his insurance is excess over: ) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage or "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission . • of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or CGL02 1°/05) Page 16 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission I i (d) If the loss arises out of the maintenance or use of"aircraft", "autos", or watercraft to the extent not subject toll Exclusion g. of Section I -Coverage A Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no dutyunder Coverages A, B, or D to defend the insured " 9 against any suit if any other insurer has a duty to defend the insured against that "suit".' If no.other insurer defends,we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the,amount of 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 the Limits of Insurance shown in the Declarations of this Policy. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method,also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit'of'insurance or none of the"loss" remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. If the other insurance is written through the "Aviation Managers" as primary insurance, the total limit of the Company's or Companies' liability will not exceed the greatest limit on any one policy. 9. Premium Audit a. We will compute all p lemiums for this Policy in accordance with our rules and rates. b. 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 and send notice to the first Named Insured. II The due date for audit and retrospective premiums is the'date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period 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. 10. Premiums 1111 The first Named Insured Shown in the Declarations: 1 a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. - CGLO2 (2/05) I Page 17 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission I ' 11. Rep esentations _ By - cepting this policy, you agree: a. he statements in the Declarations are accurate and complete; b. hose statements are based upon representations you made to us; and c. e or the"Aviation Managers" have issued this policy in reliance upon your representations. 12. Sep ration Of Insureds Exc pt with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part o the first Named Insured, this insurance applies: a. •s if each Named Insured were the only Named Insured; and b. '..eparately to each insured against whom claim is made or"suit"is brought. 13. Sta Statutes If th 1 terms of this policy are in conflict with or inconsistent with the statutes of any state where the policy is in effe• , we will conform to those state statutes. 14. Titl: Of Paragraphs • The itles of the various paragraphs of this policy and amendments, if any, attached to this policy are inserted sole for reference and are not to be deemed in any way to limit or affect the provisions to which they relate. 15. Tra I fer Of Rights Of Recovery Against Others To Us If th Il insured has rights to recover all or part of any payment we have made under this Policy, those rights are ransferred to us. The insured must do nothing after "loss" to impair them. At our or the "IAviation Mangers"request, the insured will bring"suit"or transfer those rights to us and help us enforce therh. 16. Tra I fer Of Your Rights And Duties Under This Policy You I rights and duties under this policy may not be transferred without our written consent except in the case of d:ath of an individual Named Insured. If yol die, your rights and duties will be transferred to your legal representative but only while acting within the sco•- of duties as your legal representative. Until your legal representative is appointed, anyone having pro• r temporary custody of your property will have your rights and duties but only with respect to that pro•-rty. 17. Viol:tion Of Statute If c•i erage for a claim under this policy is in violation of any United States of America's economic or trade sane ions, including but not limited to, sanctions administered and enforced by the U.S. Treasury DepI:rtment's Office of Foreign Assets Control ("OFAC"), then coverage for that claim shall be null and void. 18. Wh=.h We Do Not Renew If w: or the "Aviation Managers" decide not to renew this Policy, we or the "Aviation Managers"will mail or deli I-r to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 day-. before the expiration date. CGL02 O,/05) Page 18 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission I • • SECTION V-DEFINITIONS • • 1. " "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a web- site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an "advertisement". 2. 11 "Aircraft" means any aircraft including engines, propellers, operating,.and navigating instruments andl radio equipment attached to or'usually attached to or carried on the aircraft, including component parts detached, and tools therein which are standard for the make and type of aircraft. The term "aircraft"excludes missiles, "spacecraft"and launch vehicles. 3. li "Auto"means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. •Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. HoNever, "auto"does not include"mobile equipment". • 4. "Aviation Managers" means AIG Aerospace Insurance Services, Inc., and any of its subsidiary or affiliated companies, branch offices, or authorized representatives. 5. " "Aviation operations" means all operations arising from the ownership, maintenance, or use of locations for aviation activities, including that portion of roads or other accesses that adjoin these location's. "Aviation operations"include all operations necessary or incidental to aviation activities. 6. ', "Bodily injury"means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time. • i I • 7 "Coverage territory" means: 11 a. The United States of America(including its territories and possessions), Puerto Rico, and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. '; All other parts of the yrorld if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; • I • (2) 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; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 8. II "Employee" includes a"leased worker". "Employee"does not include a temporary worker. 9 II "Executive officer" means a person holding any of the officer positions created by your charter,) constitution, by-laws, or any other similar governing document. II I • CGLO2(2/05) - Page 19 of 28 II I Includes copyrighted material of Insurance Services Office, Inc.with its permission I 10. "Im••ired property"means tangible property, other than"your product"or"your work", that cannot be used or is Is useful because a. incorporates "your product" or "your work" that is known or thought to be defective, deficient, adequate, or dangerous; or b. ou have failed to fulfill the terms of a contract or agreement; if su•h property can be restored to use by: a. he repair, replacement, adjustment, or removal of"your product"or"your work"; or b. our fulfilling the terms of the contract or agreement. 11. "In fight" means the time commencing with the actual take-off run of the "aircraft" until it has completed its land ing roll, or if the "aircraft" is a rotorcraft, from the time the rotors start to rotate under power until they cea-e to rotate. 12. "Ins ired contract" means: a. A� contract for a lease of premises. However, that portion of the contract for a lease of premiises that i demnifies any person or organization for damage by fire to premises while rented to you or temporarily •ccupied by you with permission of the owner is not an"insured contract"; b. i sidetrack agreement; c. �1ny easement or license agreement, except in connection with construction or demolition operations on •I r within 50 feet of a railroad; d. 'in obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a unicipality; e. n elevator maintenance agreement; f. 'hat part of any other contract or agreement pertaining to your "aviation operations" (including an i demnification of a municipality in connection with work performed for a municipality) under which you .:ssume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or 'Ilrganization. Tort liability means a liability that would be imposed by law in the absence of any contract •r agreement. Par-s raph f. does not include that part of any contract or agreement: ) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks, road-beds, tunnel, underpass, or crossing. ) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b) Giving directions or instructions,or failing to give them, if that is the primary cause of the injury or damage. or.) Under which the insured, if an architect, engineer, or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural, or engineering activities. ) That indemnifies any person or organization for "bodily injury" and "property damage" arising out of the manufacture of"aircraft"or"aircraft" parts by the indemnitee. CGL02 (P/05) Page 20 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission I (5) That indemnifies any person or organization for "bodily injury" and "property damage arising out of the major alteration or repair of"aircraft"or"aircraft" parts by the indemnitee. (6) Which is agreed to orally by you and another party, unless the contract or agreement is required by a governmental body for you to use an airport. 13.1 "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" doe's not include a temporary worker. 14'I "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 " c. While it is being moved from an "aircraft", watercraft, or"auto"to the place where it is finally delivered; h n hand truck, that not attached to the"aircraft",watercraft, or"auto". t but"loadingor unloading"does not include the movement of propertybymeans of a mechanical device, other I a a 15'.i "Loss" means an accident resulting in direct damage to tangible property, including continuous or repeated exposure to substantially the same general harmful conditions. "Loss"includes any resulting loss of use. 161 "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or eq luipment: a. 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 including special use vehicles designed for operation on airports; however, this shall not include passenger cars, pickup trucks, ambulances, tow trucks, buses, snow plows (except while within the confines of the aircraft operations area); c. 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: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning; geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes 'other than the transportation of persons or cargo. However, self-propelled vehicles with the followingtypes of permanentlyattached equipment are not Yp mobile equipment"but will be considered"autos": (1) Equipment desi ned primarilyfor: 9 (a) Snow removal; CGL02(2/05) Page 21 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; In) Cherry pickers or similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 14) Air compressors, pumps and generators, including spraying, welding, building cleaning, ge physical exploration, lighting and well servicing equipment. owever, "mobile equipment' does not include any land vehicles that are subject to a comp Isory or 'financial responsibility law or other motor vehicle insurance law in the state where it is licensed or 0Principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor ehicle insurance law are considered "autos". 17. "Oc• rrence" means an accident, including continuous or repeated exposure to substantially the same gen= al harmful conditions. 18. "Perl.onal and advertising injury" means injury, including consequential "bodily injury", arising out of one or ilmor:.! of the following offenses: a. "alse arrest, detention, or imprisonment; b. alicious prosecution; c. he wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, elling, or premises that a person occupies, committed by or on behalf of its owner, landlord or I ssor; d. ID ral or written publication, in any manner, of material that slanders or libels a person or organization or isparages a person's or organization's goods, products, or services; e. ili ral or written publication, in any manner, of material that violates a person's right of privacy; f. he use of another's advertising idea in your"advertisement"; g. I fringing upon another's copyright, trade dress or slogan in your"advertisement'; or h. isdirection of a person to an "aircraft" or other conveyance. 19. "Pro III I ucts-completed operations hazard": a. Ii cludes all "bodilyinjury" and "property dama e" occurringawayfrompremises you own or rent and � 1 rY 9 ising out of"your product"or"your work"except: ( ) Products that are still in your physical possession; or (P) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed; (b) When all of the work to be done at the job site has been completed if your contract calls'or work at more than one job site; or (c) When that part of the work done at a job site has been put to its intended use by any p rson or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is o herwise complete, will be treated as completed. CGL02 (2/05) Page 22 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission "bodily n " n \ de bo it injury"or"property damage"arisingout of: , ° b. Does not include d Y 1 rY P P Y 9 (1) The transportation of property, unless the injury or damage arises out of a•condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy',schedule,. states that products-completed operations are subject to the General Aggregate Limit. i 20. 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 i b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it. of• this insurance, electronic data is not tangibleproperty. 'For the purposes g I As used in this definition, electronic data means information, facts, or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS I tapes, drives, cells, data processing devices, or any other media which are used , with electronically controlled equipment. 11. "Spa cecraft"acecraft" means a spacecraft, satellite, spaceship, space station (or launch vehicle for such spacecraft) designed to travel to, in, or from and operate primarily in space (including parts thereof detached "in flight"). , The term "spacecraft"excludes"aircraft"and missiles. II I i 1 22 "Suit"means a civil proceedingin which damages because of"bodilyinjury", " roe damage"or"personal 9 "property 9 P °1 and advertising injury"to which this insurance applies are alleged. "Suit" includes: I a. An arbitration proceeding in which such damages are claimed and to which the insured'must submit or does submit with our consent; or I , b. Any other alternative'dispute resolution proceeding in which such' damages are claimed ands to which the insured submits with our.consent. , 23. "V lunteer worker" means a person who is not your"employee", who donates his or her work'and acts at the direction of and within the scope of duties determined by you and is not paid a fee, salary,, or other 1 compensation by you or any• one else for their work performed for you. . 24i. "Your;product": - a. ' Means: (1) Any goods or products, other than real property, manufactured, sold, handled,. distributed, or • disposed of by: . • (a) You; (b) • Others trading.underyour name; or ' 9 , I i (c) A person or organization whose business or assets you have acquired; and 1,, (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or roducts. P , CGLO2 (2/05) J Page 23 of 28 • I Includes copyrighted material of Insurance Services Office, Inc. with its permission b. I cludes: 11) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product"; and i I°) The providing of or failure to provide warnings or instructions. c. roes not include vending machines or other property rented to or located for the use of others but not Ii old. 25. "Yq work": a. eans: Work or operations performed by you or on your behalf; and Io) Materials, parts or equipment furnished in connection with such work or operations. . b. I cludes: , • 1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your work"; and I' ) The providing of or failure to provide warnings or instructions. r SECTIO VI -COMMON POLICY EXCLUSIONS ASBES OS.EXCLUSION This poli y does not cover any claims of any kind whatsoever directly or indirectly relating to, arising ou of or in consequl nce of: 1. The =ctual; alleged or threatened exposure to or presence of asbestos in any form whatsoever, inclu ing, but not I ited to, asbestos fibers or asbestos dust, or any material or product containing, or alleged to contain, asb-.tos; or 2. Any obligations, request, demand, order, or statutory or regulatory requirement'that any Insured or others test for, 1l onitor, clean up, remove, contain, treat, neutralize, protect against or in any other way respo d to the actu=l, alleged or threatened exposure to or presence of asbestos in any form whatsoever, including but not limit jId to, asbestos fibers or asbestos dust, or any material or product containing, or alleged to contain, asb-Itos. Howeve the exclusion shall not apply to any claim for asbestos exposure caused by or resulting from a crash, fire, expli sion, or collision or a recorded "in flight"emergency causing abnormal"aircraft"operations. ' Notwiths anding any other provisions of this policy, Insurers will have no duty to investigate, defend or pay defense I„osts in respect of any claim excluded in whole or in part under paragraphs 1. or 2: hereof. NOISE . ND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE, 1. This •olicy does not cover claims directly or indirectly occasioned by, happening through, or in consequence of: a. oise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated erewith, b. ,'ollution and contamination of any kind whatsoever, c. r lectrical and electromagnetic interference, CGL02 (!'/05) Page 24 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission d. Interference with the Ise 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 any duty of the Company to investigate or defend claims, such provision shall not apply and the Company shall not be required to defend: 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. In respect of any Combined Claims, the Company shall (subject to proof of loss and the limits of the policy) reimburse the insured for pat portion of the following items which may be allocated to the claims covered by the,policy: a. Damages awarded against the insured, and b. Defense fees and expenses incurred by the insured. 4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this policy. NUCLEAR RISKS EXCLUSION CLAUSE 1. This policy does not cover: 1 Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting II or arising therefrom or any consequential loss. ii. l Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: • a. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; b: 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; c. Ionizing radiation or contamination by radioactivity from, or the toxic, explosive or other hazardous properties of, any'other radioactive source whatsoever. 2. It is understood and agreed that such radioactive material or other radioactive source in paragraph 1. 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 consequential loss or any legal liability of whatsoever nature with respect to which: i. The insured under this policy is also an insured or an additional insured under any other insurance policy, including any nuclear energy liability policy; or ii. Any person or organization is required to maintain financial protection pursuant to legislation in any country; or iii. The insured under this policy is, or had this policy not been issued would be, entitled to indemnification from any government*agency thereof. CGL02 (2/05) Page 25 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission 4. Los- destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by reason of ' paratraph 2. shall (subject to all other terms, conditions, limitations,warranties and exclusions of this policy) be cLvered, provided that: i. I the case of any claim in respect of radioactive material in the course of carriage as cargo, including orage or handling incidental thereof, such carriage shall in all respects have complied with the full I i ternational Civil Aviation Organization "Technical Instructions for the Safe Transport of Dangerous •oods by Air", unless the carriage shall have been subject to any more restrictive legislation, when it - all in all respects have complied with such legislation; ii. Ihis policy shall only apply to an incident happening during the period of this policy and where any claim iy the Insured against the Company or by any claimant against the insured arising out of such incident hall have been made within three (3)years after the date thereof; iii. the case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft caused my or contributed to by radioactive contamination, the level of such contamination shall have e;cceeded she maximum permissible level set out in the following scale: Emitter Maximum permissible level of non-fixed radioactive (IAEA Health and Safety Regulations) surface contamination (Averaged over 300 cm2) Beta, gamma and low toxicity alpha emitters Not exceeding 4 becquerels/cm2 (10-4 microcuries/cm2) All other alpha emitters Not exceeding 0.4 becquerels/cm2 (10-5 microcuries/cm2) iv. e cover afforded hereby may be cancelled at any time by the Company giving seven (7) days' notice of c=ncellation. WAR, HI ACKING AND OTHER PERILS EXCLUSION CLAUSE This poli 1y does not cover claims caused by: a. War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revo tion, insurrection, martial law, military or usurped power or attempts at usurpation of power; b. Any l ostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reac on or radioactive force or matter; c. Strik s, riots, civil commotions or labor disturbances; d. Any ct of one or more persons,whether or not agents of a sovereign power, for political or terrorist purposes and hether the loss or damage resulting therefrom is accidental or intentional; • e. Any alicious act or act of sabotage; f. Con �scation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by or under the rder of any Government(whether civil, military or de facto) or public or local authority; g. Hi-j ,king or any unlawful seizure or wrongful exercise of control of the"aircraft"or crew"in flight" (including any ttempt at such seizure or control) made by any person or persons on board the"aircraft"acting without the bnsent of the Insured. CGLO2 ( /05) • Page 26 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission 111 1,1 Furthermore, this policydoes not cover claims arisingwhilst the"aircraft' is outside the control of the insured by reason of any of the above perils. Th'e "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 geographical limits 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). SPECIAL AIRPORT PROVISIONS EXCLUSION CLAUSE This insurance does not apply: 1.',;I To the conduct of any contest, exhibition, air meet, air race, air show, permitted, sponsored or participated in by any insured, or to any claims or"suits" resulting therefrom; or 2 I' To the ownership, maintenance, use or operation, by any insured, or to any claims or"suits" resulting from: a. Grandstands, bleachers, or observation platforms other than observation decks or promenades which are part of permanent structures on the premises; b. Swimming pools; c. Lodging accommodations for the general public; or d. Schools other than pilot training schools. 3. IWith respect to restaurants operated by you or by others trading under your name, to "bodily: injury" or property damage"arising out of: a. "Your products"; or II b. Reliance upon a representation or warranty made with respect thereto if the "bodily injury" or"property damage"occurs after physical possession of such products has been relinquished to others. 4. a. Under Coverages A, B, and C, to the Named Insured, any insured, or any other person or organization, with respect to any "property damage", "bodily injury", or "personal and advertising injury' resulting or arising from any "occurrence" associated with or related to the act of parachuting, skydiving, training for 11, skydiving, or the rental, use or furnishing of any skydiving equipment. b. Under Coverages A,I B, and C, to any claim for""property damage", "bodily injury" or' "personal and advertising injury" sustained by any person or organization resulting or arising from any "occurrence" associated with or related to the act of parachuting, skydiving, training for skydiving, or the rental, use or furnishingof anyskydiving equipment. Y 9 The above exclusions 4. a. and b. apply also to any duty the Company might otherwise have to defend any insured; i.e., there shall be no duty to defend any claim or"suit"arising from any"occurrence"associated with 1 or related to the act of parachuting, skydiving, training for skydiving or the rental, use or furnishing of any skydiving equipment. There will be no Supplementary Payments arising from any "occurrence" associated II: with or related to the act of parachuting, skydiving, training for skydiving, or the rental, use Or furnishing of Id any skydiving equipment. u � CGLO (2/05) ' Page 27 of 28 Includes copyrighted material of Insurance Services Office, Inc.with its permission By signi g below,the President and Secretary of the Insurer agree on behalf of the Insurer to all the terms of this policy. , i Secretary President NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. r • This policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer on the D i clarations page of the policy. CGLO2 (P/05) Page 28 of 28 Includes copyrighted material of Insurance Services Office, Inc. with its permission AMENDMENT OF COVERAGE TERRITORY - . WORLDWIDE COVERAGE • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.4 The following is added to SECTION IV-CONDITIONS: 1 • Expanded Coverage Territory 1. If a "suit" is brought in a part of the "coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or • otherwise, from defending the insured, the insured will initiate a defense of the"suit". We will reimburse the insured, under Supplementary Payments, for any reasonable and necessary expenses incurred for the defense of a "suit" seeking damages to which this insurance applies, that we would',have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this 'insurance applies in a part of the "coverage territory" that is outside the United States of America (including its n weareprevented bylaw, or otherwise, from territories and possessions), Puerto Rico or Canada, and paying such sums on the insureds behalf, we will reimburse the insured for such sums. 2 All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. L All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. 3. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America(including its territories and possessions), Puerto Rico or Canada. II 4. The insured must fully maintain any coverage required by law, regulation or other governmental authority during the policy period, except for reduction of the aggregate limits due to payments of claims, judgments or settlements. . Failure to maintain sLch coverage required by law, regulation or other governmental authority will not invalidate, this insurance. However, this insurance will apply as if the, required coverage by law, regulation or other 9authority overnmental was in full effect. B. The following is added to Paragraph 8. b.under the CONDITIONS section: 8. Other Insurance I , b. Excess Insurance This insurance is excess over: (3) Any of the other insurance,whether primary, excess, contingent or on any other basis: • Ili I III ' CGL234 (3/05) Page 1 of Endorsement No11 . 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission II i II i (a) If the insured's liability to pay damages is determined in a "suit" brought outside the United States of America(including its territories and possessions), Puerto Rico or Canada; or (b) That is coverage required by law, regulation or other governmental authority in a part of the "coverage territory"that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada. C. Pare•raph 7. of the DEFINITIONS section is replaced by the following: 7. Coverage territory" means anywhere in the world with the exception of any country or jurisdiction which i�subject to trade or other economic sanction or embargo by the United States of America. • All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy Nb. AP 028803096-51 issued to CITY OF RENTON By NAT'ONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 1 Date of ssue January 5, 2015 MSD By (Authorized Representative) CGL234 (3/05) Includes copyrighted material of Insurance Services Office, Inc.with its permission 11 11, AMENDMENT OF BODILY INJURY DEFINITION This policy is amended as follows: . 11 The Definition of"bodily injuryj'set forth under Section V-Definitions is deleted and replaced with the following:. 6.II "Bodily injury" means bodily injury, sickness, mental anguish or disease sustained by a person', including II death resulting from any of these at any time. 11 All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA it Endorsement No. 2 Date of Issue January 5,2015 MSD By (Authorized Representative) CGL1221 (7/09) NATIONAL INCIDENT MANAGEMENT SYSTEM / NATIONAL RESPONSE PLAN NIMS AGREEMENT ENDORSEMENT - 2 (INCLUDING OFF-AIRPORT), WITH SUB-LIMITS In consideration of an additional premium of$ INCLUDED, this policy is amended as follows: 1. The ollowing new definition is added under Section V-Definitions: "Nllb S agreement"means a written agreement between you and a governmental or non-profit entity: a. Under which you provide resources, facilities, services and other required support to that entity during and after an emergency or disaster, and b. That is made according to the National Incident Management System and National Response Plan published by the United States Department of Homeland Security on March 1, 2004. 2. The following sub-limits apply to any "occurrence" or offense resulting from your "aviation operatons" as defied in paragraph 5.b. of the Aviation Operations Definition Endorsement CGL1260 attache to this polio. The e sub-limits are included in the corresponding Limits of Insurance shown in the Declarations and are not in a dition to those Limits: Eac Occurrence Limit $ 50,000,000. ' Damage to Premises rented to You Limit $ 2500,000. Any one premises Medical Expense Limit $ 5.000. Any one person Per onal &Advertising Injury Aggregate Limit $ 50,000,000. Gen ral Aggregate Limit $ NOT APPLICABLE Pro ucts/Completed Operations Aggregate Limit $ 50.000,000. Han arkeepers Limit Each Aircraft Limit $ NOT INSURED Each Loss Limit $ NOT INSURED Hangarkeeper's Deductible $ NOT APPLICABLE Each aircraft All other rovisions of this policy remain the same. This end rsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy N AP 028803096-51 issued to CITY OF RENTON 1 By NATI NAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 3 -----POKL.., Date of I sue January 5, 2015 MSD By (Authorized Representative) CGL125 (11/09) 11 MUTUAL AID AGREEMENT - 2 In consideration of an additional premium of$INCLUDED, this policy is amended as follows: 11, 11, 1. Section V-Definitions is emended as follows: a. The following new definition is added: "Mutual aid agreement" means a written agreement between you and agencies and/or jurisdictions in which they agree to assist one another upon request, by furnishing personnel and equipment. b. The definition of"insured contract"set forth under paragraph 12 is extended to include the following: "Insured contract"means: g. A"mutual aid agreement". 2. Section I -Coverages is amended as follows: Paragraph g. and paragraph h. (1) of paragraph 2. Exclusions of Section I do not apply to any"auto"owned, operated by, leased, rented to or loaned to any insured while on airport premises. Coverage provided by this endorsement is extended to include "autos" owned, operated, leased, rented to, or loaned to an insured while off of the airport premises, but only while responding to an aviation emergency HI and including airport crash, fire, rescue vehicles responding to an emergency under a "mutual aid agreement". 11, 11, All otherprovisions of this oliIc remain the same. P. � Y This endorsement becomes effective January'1, 2015 to be attached to and hereby,made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON 111 By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 11, ul _ Endorsement No. 4 Date of Issue January 5, 20151, MSD By (Authorized Representative) CGL1259 (11/09) AVIATION OPERATIONS DEFINITION ENDORSEMENT In consid-ration of the premium at which this policy is written, this policy is amended as follows: Definition 5. - "Aviation operations" - set forth under Section V - Definitions - is deleted and replaced with the following 5. "Aviation operations" means all operations arising from the ownership, maintenance or use of loca-ions for avia Ion activities including that portion of roads or other accesses that adjoin these locations. a. "Aviation operations" includes all operations necessary or incidental to aviation activities, inclu ing but not limited to 1. The acquisition of land by the Named Insured for the purpose of"aviation operations"; or 2. All operations conducted by you pursuant to any obligation created by a"Mutual aid agreement". b. "Aviation operations" also includes the ownership, maintenance, use or provision by you of locations, services and facilities that you•are required to'provide under a "NIMS agreement" (National Incident Management System). All other provisions of this policy remain the same. This end rsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy N . AP 028803096-51 issued to CITY OF RENTON By NATI NAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorserpent No. 5 Date of Issue January 5, 2015 MSD By (Authorized Representative) CGL126b (11/09) MULTIPLE YEAR POLICY ENDORSEMENT This policy is amended as follows: Your policy has been issued for two or three consecutive annual periods as shown on the Declarations page. All premiums shown on your policy and any endorsements attached to it have been computed for an annual period or a pro rata part of an annual period. 1 If your policy is cancelled, thel return premium will be calculated(1) in accordance with the provisions of the policy for any partial annual period plus (2) the full annual premium for any subsequent annual periods that have not been earned will be returned to the Insured. I I Your policy numbers and premiums will be payable as follows: 1 Payment Policy Number Due Date Premium Amount Year One AP 028803096-51 January 1, 2015 $21,979. Year Two AP 028803096-52 January 1, 2016 TO BE DETERMINED Year Three AP 028803096-5 January 1, 2017 .TO BE DETERMINED • All",other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51: issued to CITY OF RENTON By]'NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA En'dorsement No. 6 Date of Issue January 5, 20115 MSD By (Authorized Representative) C9L801 (3/05) ` ! CANCELLATION BY US ENDORSEMENT This policy is amended as follows: SCHEDULE Number if days 120 Paragra« b. of Cancellation under COMMERCIAL GENERAL LIABILITY CONDITIONS is replace. by the following b. 1,ye or the "Aviation Managers" may cancel this Coverage by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) Ten (10) days before the effective date of cancellation if we or the "Aviation Managers" cancel for non-payment of premium; or - ' (2) The number of days shown in the Schedule above before the effective date of cancellation if we or the"Aviation Managers"cancel for any other reason. • All other provisions of this,policy remain the same. This enq rsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy N5. AP 028803096-51 issued to CITY OF RENTON By NAT ONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA .r— Endorsement No. 7 Date of Issue January 5, 2015 MSD By (Authorized Representative) CGL201 (08/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission - 111 ASBESTOS EXCLUSION ENDORSEMENT I I This policy does not cover any claims of any kind whatsoever directly or indirectly relating to, arisingl out of or in consequence of: I jIII 1.';;, The actual, alleged or threatened exposure to or presence of asbestos in any form whatsoever,,including, I" but not limited to, asbestos fibers or asbestos dust,'or any material or product containing, or alleged to • II contain, asbestos;or I. I I 2.'11', Any obligations, request! demand, order, or statutory or regulatory requirement that any Insured or others II test for, monitor, clean up, remove, contain, treat, neutralize, protect against or in any other way respond 'I to the actual, alleged or threatened exposure to'or presence of asbestos in any form whatsoever,.including, but not limited to, asbestos fibers or asbestos dust, or any material or product containing, or alleged to ' HI contain, asbestos. °il, , However, the exclusion shall not apply to any claim for asbestos exposure caused by or resulting from a crash, fire,explosion, or collision or a recorded in flight emergency causing abnormal aircraft operations. Notwithstanding any other provisions of this Policy, Insurers will have no duty to investigate, defend or pay defense costs in respect of any claim excluded in whole'or in part under paragraphs 1. or 2. hereof. iI 1 1 . i . , 1 All other provisions of this policy remain the same.' TI�llis endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of l Policy No. AP 028803096-51 issued to CITY OF RENTON ' • ByI NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA - Endorsement No. 8 .__- „ . &....L, Date of Issue January 5, 2015 MSD ' By 1111 - . I (Authorized Representative) UE882(1/05) I ' NUCLEAR RISKS EXCLUSION CLAUSE AVN38B This polic is amended as follows: In the eve t any of the provisions of this endorsement are in conflict with any provisions,exclusions, condit'ons or terms for l mg part of this policy, this endorsement shall take precedence. . 1. This policy does not cover: (i) lo•.s or destruction of or damage to any property whatsoever or any loss or expense whatsoever r suiting o =rising therefrom or any consequential loss (ii) a , legal liability of whatsoever nature , directh or indirectly caused,by or contributed to by or arising from: (-1 the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear.assembly or nuclear component thereof; (•i 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; ( p ionizing radiations or contamination by radioactivity from, or the toxic, explosive or'other haz rdous properties of, any other radioactive source whatsoever. 2. It is u derstood and agreed that such radioactive material or other radioactive source in paragraph 1. lb) and (c)above shall not include: (i) d:•leted uranium and natural uranium in any form; (ii) ra•ioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, m-dical, agriculture, commercial, educational or industrial purpose. 3. This ••licy, however, does not cover loss of or destruction of or damage to any property or any consequential loss oil any legal liability of whatsoever nature with respect to which: (i) th- Insured under this policy is also an insured or an additional insuII ,red under any other insurance policy, inluding any nuclear energy liability policy; or . (ii) a person or organization is required to maintain financial protection pursuant to legislation in any cc ntry; or (iii) thr Insured under this policy is, or had this policy not been issued would be, entitled to indemnification frolm any government or agency thereof. 1 UE38B (1 05) Page 1 of Endorsement No. 9 III 4. Loss, destruction, damage,expense or legal liability in respect of the nuclear risks not excluded by reason of paragraph 2. shall (subject;to all other terms, conditions, limitations,warranties and exclusions of this policy) be covered, provided that: (i) in the case of any claim in respect of radioactive material in the course of carriage as cargo, including storage or handling incidental thereof, 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'Ithe carriage shall have been subject to any more restrictive legislation, when it shall in all respects have complied with such legislation; I � (ii) this policy shall only apply to an incident happening during the period of this policy and where any claim by the Insured against the Company or by any claimant against the Insured arising out of such incident shall have been made within three (3)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 scale: Emitter Maximum permissable level of non-fixed radioactive (IAEA Health and Safety Regulations) surface contamination (Averaged over 300 cm2) Beta, gammaand low toxicity alpha emitters Not exceeding 4 becquerels/cm2 (10.4 microcuries/cm2) All other alpha emitters Not exceeding 0.4 becquerels/cm2 (10 5 microcuries/cm2) (iv) the cover afforded hereby may be cancelled at any time by the Company giving seven (7) days notice of cancellation. All o'therl provisions of this policy remain the same. This,endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 9 II Date of Issue January 5, 2015 MSD By (Authorized Representative) UE38B (1/05) Page 2 DATE RECOGNITION EXCLUSION CLAUSE AVN2000A This Poli y does not cover any claim, damage, injury, loss, cost, expense or liability (whether in contr ct, tort, negligen e, product liability, misrepresentation, fraud or otherwise) of any nature whatsoever arising from or occasion d 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 inf 1 rmation tec ology equipment or system (whether in the possession of the Insured or of any third party)accurately or completely to process, recognize, exchange or transfer year, date or time data or information in con,ection with any change of year,date or time; wh er on or before or after such change of year, date or time; (b) any implemented or attempted change or modification of any computer hardware, software, integrated circ fit, 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 modification; (c) anynon-use or unavailabilityfor use of anyproperty or equipment of kind whatsoever resultingf om any P P Yanyr 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 our duty to investigate or defend claims shall not apply to any claims so excluded. 0 All other Drovisions of this policy remain the same. This end rsement becomes effective January 1. 2015 to be attached to and hereby made a part of Policy N . AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorse ent No. 10 . 8_,L, Date of I sue January 5, 2015 MSD By (Authorized Representative) UE2000 (1/05) HI 111 .DATE RECOGNITION LIMITED COVERAGE CLAUSE AVN2002A In consideration of the additional premium of $ INCLUDED : WHER AS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN2000A), it is hereby understood and agreed that, subject to all terms and provisions of this Endorsement, Clause AVN2000A shall,not apply to any sums which the Insured shall become legally liable to pay, and (if so required by theI Policy)shall pay (including costs awarded against the Insured) in respect,of: 1. :„ accidental"bodily injury",(fatal or otherwise, or"loss"of or damage to property caused by an"aircraft" '', accident occurring during the Policy Period and arising out of a risk insured under the Policy; and/or 2. oy accidental"bodily injury", fatal or otherwise, or"loss"of or damage tproperty caused by an accident, other than an "aircraft" accident, occurring during the Policy Period and arising out of a risk insured under the II Policy. For the avoidance of doubt, solely for the purposes of f this paragraph 2. and without prejudice to the '' meaning of the words in any other context, "bodily injury" shall mean only physical corporeal injury and '' unless arising directly thelrefrom shall not include mental or psychological injury. HI PROVIDED THAT: "1 1. Coverage provided (pursuant to this endorsement shall be subject to all terms, conditions, limitations, warranties,exclusions and cancellation provisions of this Policy(except as specifically provided herein), III and nothing in this ndorsement extends coverage beyond that which is provided by the Policy. P1 2. Nothing in this Endorsementshall provide any coverage: . a. applying in excess of any scheduled underlying insurance and/or in respect of any non aviation risks;and/or b. In respect of grounding of any"aircraft"; and/or II 1 III c. in respect of loss of use of any property unless it arises out of physical damage to or destruction of 11. in the accident ivin rise to a claim under the Policy., 11property. 9 9. Y 3. The Insured agrees that it has an obligation to disclose in writing to the Insurers during the Policy 11 Period any material' facts relating to the Date Recognition Conformity of the Insureds' operations, IIII I equipment and products. All otherprovisions of this policyremain the same. ' This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA i III i EndorIl dit,,...li sement No. 11 .r Date of Issue January 5, 2015 MSD By (Authorized Representative) CGL2002A(3/05) , NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE AVN46B This policy is amended as follows: In the a dent any of the provisions of this endorsement are in conflict with any provisions, exclusions, conditions or terms orming part of this policy, this endorsement shall take precedence. 1. Thi policydoes not cover claims directlyor indirectly occasioned by, happening through or in consequence Y pp 9 9 q 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; unl ss caused by or resulting in a crash, fire, explosion or collision or a recorded in-flight emergency cau ing abnormal aircraft operation., 2. Wit respect to any provision in the policy concerning any duty of the Company to investigate o defend clai s, such provision shall not apply and the Company shall not be required to defend: (a) claims excluded by paragraph 1.,or (b) a claim or claims covered by the policy when combined with any claims excluded by para raph 1. (referred to below as"Combined Claims"). 3. In respect of any Combined Claims, the Company shall (subject to proof of loss and the limits of the policy) reimburse the Insured for that portion of the following items which may be allocated to the claims covered by 'ie policy: (a) damages awarded against the Insured and (b) defense fees and expenses incurred by the Insured. 4. No ing herein shall override any radioactive contamination or other exclusion clause attached to or forming pa of this policy. All other rovisions of this policy remain the same. This end rsement becomes effective January 1. 2015 to be attached to and hereby made a part of Policy N . AP 028803096-51 issued to CITY OF RENTON By NAT NAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorse ent No. 12 -----Prt- z.L..., Date of I sue January 5, 2015 MSD By (Authorized'Representative) UE46B /05) • POLLUTION OR CONTAMINATION OF THE PRODUCT SOLD OR SUPPLIED This policy is amended as follows: Paragraph 1. (b) of Noise and Pollution and Other Perils Exclusion Clause AVN46B does not apply to the pollution or contamination of the product sold or supplied by the Insured. II , All Other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON ByINATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 13 Date of Issue January 5, 2015 MSD By Wa'As ' (Authorized Representative) CGL518 (3/05) EXCLUSION DELETION ENDORSEMENT Liability Coverage (Terrorism Risk Insurance Program Reauthorization Act of 2007) In consi•eration of an additional premium of$INCLUDED ,this policy is amended to provide such coverag: as is set forth below: (A) EXIT LUSION DELETION En•orsement UE1066-entitled Terrorism Exclusion-Certified Acts-is hereby deleted from this policy. The del ition of 0E1066 shall in no way affect the provisions of the War, Hi-Jacking and Other Perils Exclusion Clallse(Aviation), Form No. AVN48B, or any amendments thereto. (B) LI TATION OF LIABILITY • Th;f limit of the Company's liability for the coverage contemplated by this Endorsement shall be included wit n and shall not be in addition to the limits of liability provided under this policy. All other •rovisions of this policy remain the same. This en••rsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy N•. AP 028803096-51 issued to CITY OF RENTON By NAT ONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Enders_ ent No. 14 Date of I sue January 5, 2015 MSD By (Authorized Representative) UE858 (I/08) WAR HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN48B - WASHINGTON This ptcy is amended as follows: In the event any of the provisions of this endorsement are in conflict with any provisions, exclusions, conditions or terms forming part of this policy, this endorsement shall take precedence: 1. This policy does not cover claims caused by: (a) 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; (b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion 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 intentional; 1,1 (e) Any malicious act or act of sabotage; (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 whilst 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 geographical limits 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). 2. ' Folr the purpose of this endorsement,terrorism shall be defined as: Any act declared to be an act of terrorism by: (i) the Government of the United States, including, but not limited to,the United States Department of the ' Treasury or the National Transportation Safety Board or; ii) an agency of the Government of any country other than the United States of America. All other provisions of this policy remain the same. i r This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA i I Endorsement No. 15 Date of'Issue January 5, 2015 MSD By (Authorized Representative) UE48B.iWA(9/05) WA"', HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN48B AMENDATORY ENDORSEMENT -WASHINGTON This policy is amended as follows: WAR, HIII,JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) UE48B (9/05) is revised to include the following definition of"terrorism": Wherev=t- the term "terrorism" is used within this endorsement, it shall mean activities against persons, organiza ions or property of any nature: 1. Th-I involve the following or preparation for the following: a. Use or threat of force or violence; or b. Commission or threat of a dangerous act; or c. Commission or threat of an act that interferes with or disrupts an electronic communication, information, or mechanical system; and 2. Wh-n one or both of the following applies: a. The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. We will lot pay for loss or damage caused directly or indirectly by "terrorism", including action in hindering or defendi • against an actual or expected incident of"terrorism". Such loss or damage is excluded regardless of any oth-r cause or event that contributes concurrently or in any sequence to the loss. But this exclusion applies only wh!h one or more of the following are attributed to an incident of"terrorism": 1. Th "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the us- of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or rad •active contamination; or 2. Ra•ioactive material is released, and it appears that one purpose of the "terrorism" was to release such ma erial; or 3. Thy "terrorism" is carried out by means of the dispersal or application of pathogenic or poisonous biological or • emical materials; or 4. Pa ogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the 'terrorism"was to release such materials; or CGL12-7-WA(11/09) Page 1 of Endorsement No. 16 I ' 5. The total of"insured damage" to all types of propertyin theUnited States, its terr itories and possessions, Puerto Rico and Canada exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all "insured damage" sustained by property of all persons and entities affected by the"terrorism"and business interruption losses sustained by owners or occupants of the damaged property. "' For the purpose of this provision, "insured damage" means damage that is covered by any insurance plus damage that would be covered by any insurance but for, the application of any "terrorism" exclusions. Multiple incidents of"terrorism"which occur within a seventy-two 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the threshold is exceeded; or • 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious "physical injury" means: ' a.I "Physical injury"that involves a substantial risk of death; or d b. Protracted and obvious physical disfigurement; or i c.1 Protracted loss of on impairment of the function of a bodily member or organ. Multiple incidents of an "other act of terrorism"which occur within a seventy-two(72)hour period and appear to be,carried out in concert, or to have a related purpose or common leadership shall be considered to be I one incident, for the purpose of determining whether the threshold is exceeded. With respect to this items 5 &,6, the immediately preceding paragraph describes the threshold used to measure the magnitude iof an incident of "terrorism" and the circumstances in which the threshold will' apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incidert of"terrorism", there is no coverage under this policy. • • 11, All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 I issued to CITY OF RENTON ' By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA • Endorsement No. 16 • &AL- Date of Issue January 5, 2015 MSD By • (Authorized Representative) CG„L1257-WA(11/09) Page 2 . EXTENDED COVERAGE ENDORSEMENT (AVIATION LIABILITIES) In consi•-ration of an additional premium of$ INCLUDED, this policy is amended as follows: The poli y of which this endorsement forms part includes War, Hi-jacking and Other Perils Exclusion Clause AVN48B 1. Wit effect from January 1, 2015 , all sub-paragraphs other than (b) of War, Hi-jacking and Other Perils Excusion Clause AVN48B are deleted SUBJECT TO all terms and conditions of this endorsement.• l 2. EXID LUSION applicable only to any coverage extended in respect of the deletion of sub-paragraph (a) of Wa II Hi-jacking and Other Perils Exclusion Clause AVN48B: Co rage shall not include liability for damage to any form of property on the ground situated outside Ca leda and the United States of America unless caused by or arising'out of the use of aircraft. 3. LIM TATION OF LIABILITY' The limit of the Company's liability in respect of the coverage provided by this endorsement shall be a sub limit of US$ 50,000,000. or the applicable policy limit, whichever the lesser, any one occurrence and in t e annual aggregate. This sub-limit shall apply within the full policy limit and not in addition thereto. Not ithstanding any other liability for which coverage is afforded under this policy, coverage provided under this endorsement shall apply solely to the following: Liauility Coverages as set forth in the Declarations Page (CGL04) unless subsequently deleted by endorsement to the policy. 4. AU OMATIC TERMINATION To the extent provided below, coverage extended by this endorsement shall TERMINATE AUTOMATICALLY in t le following circumstances: (i) All Coverage - upon the outbreak of war (whether there be a declaration of war or not) between any two (2) or more of the following countries: France, the People's Republic of China, the Russian Federation, the United Kingdom, the United States of America; (ii) Any coverage extended in respect of the deletion of sub-paragraph (a) of War, Hi-jacking and Other Perils Exclusion Clause AVN48B -upon the hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter wheresoever or whensoever such detonation may occur and whether or not the insured aircraft may be involved; (iii) All coverage in respect of any of the insured aircraft requisitioned for either title or use ' -upon such requisition. PROVIDED THAT if an insured aircraft is in the air when (i), (ii)or(iii)occurs, then the coverage provided by thi endorsement(unless otherwise cancelled,terminated or suspended)shall continue in respect of such an air aft until completion of its first landing thereafter and any passengers have disembarked. CGL52 1 (3/10) Page 1 of Endorsement No. 17 I ! . I , 5. REVIEW AND CANCELLATION (a) Review of Premium and/or Geographical Limits (7 Days)' '1 The Company or its Aviation Managers may give notice to review premium and/or geographical limits- such notice to become effective on the expiry of seven (7) days from 23.59 hours G.M.T. on theday on which notice is given. !I , (b) Limited Cancellation (48 hours) Following a hostile detonation as specified in Paragraph 4. (ii) above, the Company or its Aviation Managers may give notice of cancellation of one or more parts of the coverage provided byParagraph • 9 1.of this endorsement by reference to sub-paragraphs (c), (d), (e), (f) and/or(g) of War, Hi-jacking and Other Perils Exclusion.Clause AVN48B - such notice to_become effective on the expiry of forty-eight (48) hours from 23.59 hours G.M.T. on the day on which notice is given. I (c) Cancellation (7 Days) The coverage provided by this endorsement may be cancelled by either the Company, its Aviation Managers or the Insured by giving notice to become effective on the expiry of seven (7) days from, 23.59 hours G.M.T. on the day on which such notice is given. (d) Notices All notices referred to herein shall be in writing. i I • 1,1 1.1 Il All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made,a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA I I I I II i ' I Endorsement No. 17 Date of Issue January 5, 2015 M SD By (Authorized Representative) CGL52G (3/10) j Page 2 AIRPORT EXPANSION ENDORSEMENT This poli y is amended as follows: 1. BR AD FORM INSURED 1 Par graph 1. under WHO CIS AN INSURED is amended to include: f you are a governmental subdivision, any elective or appointive officer or a member-of any board or 1lommission or agency of yours while acting within the scope of their duties as respects your "aviation. U perations". 2. ON-II IRPORT PREMISES"AUTO" COVERAGE (A) Exclusion 2. g.(3) under COVERAGE A is deleted in its entirety. overage provided by this policy will apply on a primary basis as respects"autos"'while: being operated within the airport premises; or responding to an aviation emergency. ,r overage i� ninsured Motor provided hisr endorsement assured Motorist Law does not apply to any obligation of the insured under a No Fault, 3. ON IRPORT PREMISES WATERCRAFT COVERAGE Exc sions 2. g. (1) and (2) under COVERAGE A are deleted in their entirety and replaced with the following: 11) A watercraft while on airport premises, or while off premises when responding to an aviation emergency - 2) A watercraft that you do not own that is not being used to carry persons or property for a charge 4. CONTROL TOWER—CONTINGENT Exc'asion 2.f. under COVERAGE A is deleted in its entirety and replaced with the following: f. Bodily injury" or "property damage" arising out of air traffic control operations by any insured. This xclusion shall not apply to your liability arising out of air traffic control operations conducted by the ilitary, Federal Aviation Administration (or other civil aviation authority)or their contractor. 5. BA (GAGE LIABILITY Exc i sion 2. under COVERAGE A is amended to include the following: . j. 9 Paragraph (4) of this Exclusion j. does not apply to "property damage" to goods, merchandise, or baggage not owned by or rented to you while in storage, safekeeping or transit,,provided you are not handling the property as bailee for hire. CGL13 5 (06/14) Page 1 of Endorsement No. 18 6.„', DAMAGE TO"AUTOS" Exclusion 2.j.under COVERAGE A is amended to include the following: Paragraphof this)Exclusiondoes not apply to "property dama e" to an "auto" while on airport (4) � j. PPY 9 P premises. However, coverage hereunder will not apply to loss or damage to "autos" owned by, leased to, rented to or loaned to your officer or employee, unless the"auto" is in your custody due to towing or I for valet parking for which a charge has been made. 7. STATIC DISPLAY OF AIRCRAFT PalLagraph 1. of SPECIAL AIRPORT PROVISIONS EXCLUSION CLAUSE under COMMON POLICY EXCLUSIONS is deleted in its entirety and replaced with the following: To the conduct of any contest, flight exhibition, air meet, air race, air show (excluding static display); permitted, sponsored or participated in by any insured; or 1 1 8. INCIDENTAL MEDICAL MALPRACTICE LIABILITY 'The definition of"bodily injury" is amended to include Incidental Medical Malpractice Injury subject to the limit specified below. Incidental Medical Malpractice Injury means injury arising out of the rendering of or failure�, to render emergency medical services while on airport premises or while responding to an aircraft accident. Coverage provided hereunder will not apply to: (a).Any insured (other than dedicated airport Crash, Fire, Rescue personnel) engaged in the business or occupation of providing medical services; or (b) r Injury caused by an indemnitee if such indemnitee is engaged in the business or occupation of providing medical services. „I Coverage provided by this paragraph is limited to$50,000,000. per"occurrence"and aggregate and is I included within and not in addition to the limit provided under COVERAGE A. 9. DISCRIMINATION ,The definition of"Personal,and Advertising Injury" is amended to include: i. (Discrimination, humiliation or harassment suffered by a natural person, based on one or more personal 111 (characteristics of such natural person including but not limited to, race, color, religion, national origin, ;age, sex, marital status, sexual orientation, handicap, pregnancy, chronic medical condition, or obesity. 1The most we will pay for coverage provided by this endorsement is: $50,000,000 per individual, and I$50,000,000. annual aggregate. Coverage hereunder is included within, and not in addition to the limit provided for under COVERAGE B of this policy. In addition, such coverage shall include within the limit shown above all costs specified in paragraphs 1. a. -g. of,SUPPLEMENTARY PAYMENTS. f CGL1395 (06/14) Page 2 of Endorsement No. 18 i ' 10. CO-::MPLOYEES Par-a raph 2. a. (1) of WHO IS AN INSURED does not apply. How-ver, coverage provided by this paragraph shall not apply to any "bodily injury" or "personal and adv= ising injury"arising out of: (i) i:►iscrimination; (ii) °'refusal to employ; (iii) dermination of employment; (iv) t oercion, demotion, evaluation, reassignment, discipline, harassment, humiliation, or other employment- related practices, policies, acts or omissions; or (v) onsequential"bodily injury"or"personal and advertising injury"as a result of(i)through (iv) above. 11. KN I WLEDGE OF"OCCURRENCE" Duti-s in the Event of Occurrence, Offense, Claim or Suit under COMMERCIAL GENERAL LIABILITY CO IDITIONS is amended to include: nowledge of an "occurrence" by an agent,servant or employee of an insured will not in itself constitute nowledge by you, unless such notice has been received by your insurance administrator. 12. YO R INADVERTENT FAILURE TO REPORT OR FAILURE TO NOTIFY Dut -s in the Event of Occurrence, Offense, Claim or Suit under COMMERCIAL GENERAL LIABILITY CO DITIONS is amended to include: otwithstanding any other provision(s) of this policy, inadvertent errors or omissions and/or failure in urnishing information, notification or reports required will not prejudice the coverage afforded by this lnolicy provided you notify us within a reasonable time after the error has been discovered; or he insured's rights under this policy will not be affected if they fail to give notice of an accident or occurrence" solely because they reasonably believed that the accident or "occurrence" was not overed under this policy. • All othe provisions of this policy remain the same. This en"orsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy i o. AP 028803096-51 issued to CITY OF RENTON By NA IIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endors-ment No. 18 Date o Issue January 5, 2015 MSD By (Authorized Representative) CGL13,:5 (06/14)' Page 3 it NON-OWNED AIRCRAFT LIABILITY ENDORSEMENT - AIRPORT OWNER/OPERATOR This policy is extended to include the following: COVERAGE E NON-OWNED AIRCRAFT LIABILITY 1. Insuring Agreement. (a) We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily injury" or "property damage" to which this insurance applies resulting from your use of "non-owned aircraft". We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion 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 SECTION III - LIMITS OF INSURANCE; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgements or settlements under COVERAGES A, B or E or medical expenses under COVERAGE C. 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"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 "non-owned aircraft" is used by you or on your behalf in connection with your ownership, operation or maintenance of the airports insured under this policy. (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.° Exclusions. This insurance does not apply to: (a) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"resulting from the use of reasonable force to protect persons or property. (b) "Bodily injury" or"property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract of agreement. (c) Physical damage or"property damage"to, destruction of, or loss of use of"non-owned aircraft". (d) Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. CGL846 (3/05) Page 1 of Endorsement No. 19 / (e) odily injury"to: 1) An"employee"of the insured arising out of and in the course of employment by the insured; or The spouse, child, parent, brother or sister of that"employee"as a consequence of(e) (1)above. his exclusion applies: (i) Whether the insured may be liable as an employer or in any other capacity; and (ii) To any obligation to share damages with or repay someone else who must pay damages because of the injury. (f) Bodily injury"or"property damage"included in the"products-completed operations hazard". (g) I laims arising out of any "aircraft" rented to, financed for, or leased to others (or repossessed or eacquired) by any insured, subsidiary, owned or controlled firm thereof. (h) Any person or organization with respect to"aircraft"owned in whole or in part by, registered to, or under lease agreement with a term of more than thirty (30) days, to such person (or member of his/her ousehold)or organization. 3. LIM TS OF INSURANCE As Vespects this endorsement, the LIMITS OF INSURANCE of the policy are extended to include the folk•Wing: The each "occurrence" limit shown below is the most we will pay under COVERAGE E for all damages, incl ding all "related claims" and all damages for care and loss of services, because of "bodily injury" or "pr••erty damage"sustained by one or more persons or organizations as the result of any one"occurrence". Su•ect to the each "occurrence" limit, if the LIMITS OF INSURANCE shown below are completed to show a limi for"'Passenger" liability limited internally to'the most we will pay under COVERAGE E for all damages, incl ding all "related claims" and all damages for care and loss of services, because of"bodily injury" to "pa' engers"shall not exceed: I (a) 's respects any one"passenger",the amount stated below as'each person'. (b) .ubject to 3. (a) as respects two or more "passengers", the amount stated as the 'each person' limit 1 ultiplied by the number of seats shown in the definition of"non-owned aircraft" in this endorsement.m In to event will the limit for any one person exceed the amount stated in the'each person' limit, nor will the otal amount paid for all"bodily injury", including all"related claims"and all damages for care and loss of services, because of "bodily injury" and "property damage" exceed the limits stated below as 'each 'occurrence'. All '1Dodily injury", including all "related claims" and "property damage" arising out of continuous or repeated ' exp isure to substantially the same general harmful conditions shall be considered as arising out of one "oc Urrence". Single Limit including "Passengers" $ 100.000,000. each "occurrence", with "Passenger" liability limited internally to: $ 100,000.000. each person CGL846 (3/05) Page 2 of Endorsement No. 19 4. Definitions as respects this coverage part. "Non-owned aircraft" means aircraft not owned in whole or in part by , registered to, or under a lease agreement with a term of more than thirty(30) days to you, provided such "non-owned aircraft" is FIXED-WING OR ROTOR WING haying no more than 25 total seats. "Passenger" means any person in, on, or boarding the"non-owned aircraft"for the purpose of riding or flying in, or alighting from after a flight or attempted flight, including crew member(s). "Related claims" means all claims for care and loss of services, loss of society and consortium, mental anguish, emotional distress, loss of support, medical or funeral expenses, and any and all other damages from or related to"bodily injury"to any person or"passenger". Notwithstanding anything to the contrary in the definition of"bodily injury", our liability and coverage for damages for both "bodily injury"and "related claims" are included and combined within the each person and each "occurrence" Limits of Insurance shown in this endorsement as applicable, and there are no separate or additional Limits of Insurance for'related claims:. All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorsement No. 19 Date of Issue January 5, 2015, MSD By (Authorized Representative) CGi1846 (3/05) Page 3 I , II J CARGO LIABILITY ENDORSEMENT i In consieeration of ADDITONAL premium of$ INCLUDED, this policy is amended as follows: Exclusi• j.(4) of COVERAGE A shall not apply to"property damage"to cargo. 1. "Ca so" means lawful property, not owned, leased or used by you while in your possession and while being hang led, loaded or unloaded from the"aircraft", or in temporary storage as required to meet flight schedules. 2. Fo the purpose of this endorsement, "property damage"shall be defined as follows: ph ..ical injury to tangible property. 3. Th- limit of our liability against"property damage"to cargo shall not exceed: (A) the value of cargo as determined by the declaration of value used by the shipper, or (B) the value of cargo as limited by tariff document, airway bill of lading or shipping receipt, or (C) the actual cash value of cargo at time of"loss", or (D $5,000,000. each"occurrence", wh' hever is less. Yo I must first pay$5,000,000. of each claim, but not to exceed $ 5,000,000. each "occurrence" for any "lost."or damage paid by us for"property damage"to cargo. 4. In -ddition to the exclusions as set forth in the policy provisions, this insurance also does not apply to: (A any"property damage"to cargo which is: (i) plants and live animals, including birds, reptiles or fish; (ii) accounts, bills, checks, currency, deeds, evidences of debt, money, notes, securities, stocks, or other similar documents or papers; (iii) bullion, gold, silver, platinum or other precious alloys or metals; furs, fur garments or garments trimmed with fur;jewelry, watches, precious or semiprecious stones or similar valuable property; (iv) at locations other than airport premises or way adjoining; (v) perishables; (vi) baggage; "baggage" shall mean handbags, suitcases, valises, briefcases and other forms of baggage usually carried by travelers and the contents thereof; (vii) any"loss"arising out of the operation of"aircraft"while in.motion, whether or not under its own power. 1 CGL3.2 (3/05) Page 1 of Endorsement No. 20 (B) To any claims, "losses",!damages or expenses arising out of: (i) any loss of use, loss of market or delay,whether or not the delay is caused by an "occurrence"covered by this policy; (ii) any type of consequential "loss" including mental anguish; (ii) infidelity or dishonesty of any insured or any person in the service of the insured including employees or agents; (iy) and confined to weir,tear, deterioration, extremes of temperature or pressure; (vl) "loss"of or damage to cadavers; (v) "loss"of or damage'ito blood, blood products, organs or body parts; (vii) moths, vermin, inherent vice, marring or scratching. (C) Coverage provided by this endorsement shall be secondary to and excess over any other valid and collectible insurance available to any insured. I i I All the provisions of this policy remain the same. I I This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No, AP 028803096-51 issued to CITY OF RENTON I By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA I Endorsement No. 20 • Date of!issue January 5, 2015; MSD By (Authorized Representative) CGL382 (3/05) Page 2 EMPLOYEE BENEFITS LIABILITY ENDORSEMENT This polii'y is extended to include the following: COVE GE E-EMPLOYEE BENEFITS LIABILITY 1. Ins ing Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as damages because of any "wrongful act"committed by you in the"administration" of your"employee benefit program"arising from your "aviation operations". We will have the right and duty to defend you against any "suit" seeking those damages. However, we will have no duty to defend you against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any report of a negligent "wrongful act"and settle any"claim"or"suit"that may result. But: (1) The amount we will pay for damages is limited as described in paragraph 5 - Limits of Insurance - shown below; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under 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 and D which also applies to this endorsement. (b) This insurance applies to damages only if: (1) The "wrongful act" is negligently committed in the "administration" of your "employee benefit program"arising from your"aviation operations"; and (2) The negligent"wrongful act"takes place in the"coverage territory"; and (3) The negligent "wrongful act" was committed during the policy period or during the period this endorsement is effective; and All "claims" for damages made by an "employee" because of any "wrongful act", or a series of related "wrongful acts", including damages claimed by such "employee's" dependents and beneficiaries, will be deemed to have been committed at the time of the first"wrongful act'k; and (4) At the time you applied for this insurance you had no knowledge of any "claim" or"suit" or of any negligent"wrongful act"which might reasonably be expected to result in a "claim" or"suit", except as you had reported to us or the"Aviation Managers" in writing at the time you applied. CGL1 52 (3/10) Page 1 of Endorsement No. 21 • • 2. Exclusions. (a Except as otherwise provided in this endorsement, for the purpose of the coverage provided by this endorsement, all exI fusions appearing in this policy are deleted and replaced with the following: _ . This insurance does',not apply to: (1) Damages arising out of any intentional, dishonest, fraudulent, criminal or malicious "wrongful act", or any "wrongful acts" of libel, slander, discrimination, humiliation committed by any insured, including the willful or reckless violation of any statute: (2) "Bodily injury", "property damage", "personal injury"or"advertising,injury". • (3) Damages arising out of failure of performance of contract by any insurer. (4) Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the"employee benefit program". (5) Any"claim"based upon: (i) Failure of any investment to perform; (ii) Errors in providing information on past performance of investment vehicles; or (iii) Advice given to any"employee"with respect to that"employee's"decision to participate or not to participate in any plan included in the"employee benefit program". (6) Any "claim" arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensation insurance, social security or disability benefits law or any similar law. (7) Damages for which any insured is'liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974, as now or,hereafter amended by any similar federal,-state or' local laws. I • (8) Any "claim" for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other collectible insurance. • (9) Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (10) Damages arising. out of wrongful termination of employment, discrimination, or other employment-related practices.• • ' (b) In addition to the exclusions shown above, coverage provided by this endorsement is subject to the following Common Policy Exclusions set forth under Section VI of this policy; or as otherwise endorsed to this policy. • • 81 , CGL1252 (3/10) Page 2 of Endorsement No. 21 (1) Noise and Pollution and Other Perils Exclusion Clause (2) Asbestos Exclusion (3) Nuclear Risks Exclusion Clause (4) War, Hijacking and other Perils Exclusion Clause (5) Special Airport Provisions Exclusion Clause 3. For-he purposes of the coverages provided by this endorsement: (a) All references to Supplementary Payments -Coverages A, B and D are replaced bySupplementary PP rY Y 9 P PP rY Payments-Coverages A, B, D and E. (b) Paragraph 2 of the Supplementary Payments provision does not apply. 4. For the purpose of the coverage provided by this endorsement, Section II -Who Is An Insured is deleted and reel ced with the following: ' If y lL are designated in the Declarations as: (a) An individual, you and 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 spojses 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. (d) A governmental subdivision, any elected or appointed officer or member of any board or commission or agency of yours are also insureds, but only with respect to your"aviation operations". (e) Your "employees" are insureds, provided the "employee" is or was authorized to act in the "administration"of your"employee benefit program". (f) Any persons or organizations or"employees" having proper temporary authorization to administer your "employee benefit program"if you die, but only until your legal representative is appointed. (g) 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 endorsement. • CGL1252 (3/10) Page 3 of Endorsement No. 21 • 5. ' For the purpose of the coverage provided by this endorsement, Section III - Limits of Insurance is deleted and replaced with the following: (a) The Limit of Insuranlce shown in the Schedule of this endorsement and the rules below fix',the most we will pay regardless of the number of: • (1) Insureds; (2) "Claims"made or"suits"brought; . • (3) Persons or organizations making"claims"or bringing"suits"; (4) "Wrongful acts"; or • (5) Benefits included in your"employee benefit program". (b) The Aggregate Limit is the most we will pay for all damages because of a "wrongful act" negligently committed in the"administration"of your"employee benefit program". (c) Subject to the Aggregate Limit, the Each Employee Limit is the most we will pay for all damages sustained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (1) A"wrongful act.', or • (2) A series of related"wrongful acts" : ' • negligently committed in the"administration"of your"employee benefit program". However, the amount paid under this endorsement shall not exceed, and will be subject to, the limit and restrictions that apply to the payment of benefits in any plan included in the"employee benefit program". (d) The limits applicable to this endorsement are within the overall policy limits shown under the Policy • Declarations and not in addition to. The Limits of this endorsement 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 of the policy to which this endorsement is attached, unless the policy period is iextended after issuance for anladditional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 6. Deductible. (a) Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to each "employee". The limits of insurance shall not be reduced by the amount of this deductible. • (b)1 The deductible amount stated in the Schedule applies to all damages sustained by any one"employee", including such "employee's" dependents and beneficiaries, because of all "wrongful acts" to which this insurance applies. • CGL1252 (3/10) Page 4 of Endorsement No. 21 . • (c) The terms of this insurance, including those with respect to: (1) Our right and duty to defend any"suits"seeking those damages; and (2) Your duties and the duties of any other involved insured, in the event of a"wrongful act", or"claim" apply irrespective of the application of the deductible amount. (d) We may pay any part or all of the deductible amount to effect,settlement of any "claim" or"suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. 7. For the purposes of the coverage provided by this endorsement, Conditions 4 and, 8 of Section IV- Policy Co ditions are deleted and replaced with the following: 4. Duties in the Event of A"Wrongful Act", or"Claim"or"Suit". (a) You must see to it that we or the "Aviation Managers" are notified promptly of a "wrongful act" which may result in a"claim". Notice should include: (1) What the"wrongful act"was and when it occurred; and ' I (2) The names and addresses of anyone who may suffer damages as a result of the "wrongful act". (b) If a "claim" is made or "suit" is brought against any insured, you must see to it that we or the "Aviation Managers" receive prompt written notice of the"claim"or"suit". (c) You and any other involved insured must: (1) Immediatelysend us or the"Aviation !Managers"copies of any demands, notices, summonses or legal papers received in connection with the"claim"or"suit". (2) Authorize us or the"Aviation Managers"to obtain records and other information. (3) Cooperate with us or the "Aviation Managers" in the investigation, settlement or defense,of the"claim"or"suit"; and (4) Assist us or the "Aviation Managers", upon our or the "Aviation Managers"' request, in the enforcement of any right against any person or organization which may be liab`e to the insured because of a"wrongful'act"to which this insurance may also apply. (d) No insured will, except at their own cost, voluntarily make a payment, assume any obligation or incur any expenses without our or the"Aviation Managers"'consent. - i CGL12.2 (3/10) Page 5 of Endorsement No. 21 • I 8. Other Insurance. - 11 If other valid and collectible insurance is available to the insured for a "loss" we cover under 'this 111 endorsement, our obligations are limited as follows: (a Primary Insurance The insurance is primary except when (b) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all Ithat other insurance by the method described in (c) below. (b) Excess Insurance, � I (1) This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis. (2) When this insurance is excess, we will have no duty to defend any "claim" or"suit"that any other insurer has a dut to defend. If no other insurer defends,we will undertake y to do so, but we will be entitled to the insured's rights against all those other insurers. 3 When this insurance is excess over other insurance, we will payonlyour share of the amount of the"loss", if any, that exceeds the sum of: (i) The total amount that all such other insurance would payfor the"loss" inthe abs absence of this insurance; and i (ii) The total of all deductibles and self-insured amounts under all that other insurance. (4) We will share the remaining"loss", if any, with other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits ofInsurance P 9 P Y PP Y shown in the Schedule of this endorsement. (c) Method of Sharing If all of the other insurance permits contributions 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 total applicable limits of insurance of all insurers. 9.j 1 For purpose of the coverage provided by this endorsement, the following definitions are added to Section V- Definitions: 11 a "Administration" means: (1) Providing information to "employees", including their dependents and beneficiaries,'with respect to 111 eligibility for or scope of the"employee benefit program". 111 II CGL1252 (3/10) Page 6 of Endorsement No. 21 • (2) Interpreting the"employee benefit program", (3) Handling records in connection with the"employee benefit program", or (4) Effecting, continuing or terminating any "employee's" participation in any benefit included in the "employee benefit program", provided all such acts are authorized by the Named Insured shown in • the Declarations. However, "administration"does not include handling payroll deductions. (b) "Cafeteria plans" mean plans authorized by applicable law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. (c) "Claim" means any demand or "suit", made by an "employee" or an "employee's" dependents and beneficiaries, for damages as the result of a"wrongful act". (d) "Employee" means a person actively employed, formerly employed, on leave of absence, or disabled, or retired. "Employee"includes a"leased worker". "Employee"does not include a"temporary worker". (e) "Employee benefit program" means a program providing some or all of the following benefits to "employees",whether provided through a"cafeteria plan"or otherwise: (1) Group life insurance, group accident or health insurance, provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to those"employees"who satisfy the plan's eligibility requirements. (2) Profit sharing plans, pension plans, "employee" stock ownership plans and stock subscription plans, provided that no one other than an "employee" may subscribe to such benefits end such benefits are made generally available to those "employees" who satisfy the plan's eligibility requirements. (3) Workers' compensation, unemployment insurance, social security benefits and disability benefits. (4) Any other similar benefits instituted after the effective date of this endorsement, provided we or the "Aviation Managers" are notified within thirty (30) days after the institution of such benefits and further provided that such "employee benefit program" is solely with respect to your "aviation operations". (f) "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your "aviation operations". "Leased worker"does not include a"temporary worker". (g) "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet short-term workload conditions. (h) "Wrongful act"means any actual or alleged negligent act, error or omission in the"administration"of the "employee benefit program". • CGL12-2 (3/10) Page 7 of Endorsement No. 21 10. For the purposes of the coverage provided by this endorsement, definition 19 in Section V - Definitions is deleted and replaced with the following: 19. "Suit" means a civil proceeding in which damages because of a "wrongful act,' 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. 11 SCHEDULE Limit of Liability: $ 1.000.000. each "employee"and in the annual aggregate Deductible: $ 0. Premium: $ INCLUDED it I Allibther provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA u � EndoZ No. :12O15 Date January MSD By (Authorized Representative) CGL1252 (3/10) Page 8 u� � GARAGEKEEPERS LIABILITY This poli y is amended as follows: Exclusio) j. (4) under COVERAGE A has been deleted only as respects the following: "Propert damage" to an "auto" occurring while such "auto" is in the care, custody or control of the inured for valet pa ing, towing, safekeeping, storage or while on airport premises for any other incidental use by the insured. The amc nt we will pay for damages is limited to $ 150,000. any one"auto" $ , 250,000. any one"loss" subject to a deductible of $ , 0. each "auto" Coverage provided by this endorsement does not apply to: 1. this insured's liability under any agreement to be responsible for"loss" 2. "loss"to robes, wearing apparel, personal effects or merchandise 3. "loss"or damage to"auto"or parts of any"auto" • (a) owned by, leased to, rented to or loaned to the insured or partner(s)of the insured (b) owned by, leased to, rented to or loaned to an officer or employee of the insured unless tl-e "auto" is in your custody due to towing, or for valet parking for which a charge has been made 4. "loss"due to theft or conversion caused in any way by you, your"employees", your partners or by your shareholders. All other provisions of this policy remain the same. This enc rsement becomes effective January 1, 2015 • to be attached to and hereby made a part of Policy N AP 028803096-51 issued to CITY OF RENTON By NAT NAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endorse ent No. 22 Date of I-sue January 5, 2015 MSD By (Authorized Representative) CGL660(3/05) 11 I EXCESS EMPLOYER'S LIABILITY This policy is amended as follows: Notwithstanding Exclusion (e)(1) under COVERAGE A, coverage provided by this endorsement will apply only to your "aviation operations." We will indemnify you, or any Insured against "ultimate net loss" in excess of the underlying liability insurance as scheduled in (B)below for all sums you legally must pay as damages because of bodily injury" to your employees, provided the "bodily injury" is covered by the Employer's Liability Insurance referenced in item (B) below. Except as indicated below, coverage provided by this endorsement shall follow the insuring agreements, conditions and exclusions of the underlying insurance shown in (B) below. An underlying policy shall be imaintained with limits as shown in (B) below except for reduction of such limits by exhaustion of aggregate limits (if any) contained therein solely by payment of claims resulting from',accidents or "occurrences" happening during the policy period thereof. Failure of you or any Insured to maintain the underlying insurance shall not invalidate the coverage affordedaunder this endorsement, but in the event of such failure we shall be liable only Ito the same extent as we would have been had you or any Insured maintained the underlying insurance. We shill not be liable for any reduction in the underlying insurance due to any,other cause including the insolvency or bankruptcy of any insurer or self-insurer, or non payment by any underlying insurer. Unless aggregate limits are specifically stated in this endorsement, the coverage provided by this endorsement applies only with respect to each accident or"occurrence"for limits in excess of the amount provided for same in the underlying insurance and does not apply over any reduced amount of underlying insurance in the,event of the exhaustion or reduction of aggregate limits (if any) in the underlying insurance. If aggregate limits are specifically stated in this endorsement, this endorsement will apply in excess of reduced underlying insurance provided such reduction in the underlying insurance is solely the result of accidents or "occurrences" happening after the inception date of this endorsement..You or any Insured shall give us written notice as soon as possible of any reduction or exhaustion of such aggregate limit in the underlying insurance. If more than one Insured is named in the Declarations, such additional Insured(s) shall not have 'the effect of increasing our limit of liability for each accident or occurrence stated in (A) below. ULTIMATE NET LOSS AND COSTS: i I "Ultimate net loss" shall mean the sums,paid in settlement of losses for which you or any Insured is liable after making deductions for all recoveries, salvages and other insurances(other than recoveries under the underlying insurance, policies of co-insurance, or policies specifically in excess hereof) whether recoverable) or not, and shall exclude all"Costs". The word"Costs"shall mean interest on judgments, investigation,adjustment and legal expenses including taxed court costs, and premiums on bonds, for which you or any Insured is not covered by the underlying insurance excluding, however, (a) all expenses for salaried employees and counsel on general retainer, (b) all your or any other Insured(s office expenses, and (c) regular fees paid to counsel on general retainer. 1111 1.,l1Ii In the event of claim or"suit" arising which appears likely to exceed the underlying insurance limit or limits, no Costs shall be incurred by you or any Insured without our written consent. I 2.I; Should such claim or"suit"be settled previous to going into court for not more than the underlying insurance limit or limits, then no"Costs"shall be payable by us. CGL1060 (1/08) Page 1 of Endorsement No. 23 3. Sho Id, however, the sum for which the said claim or"suit" may be settled exceed the underlying insurance limit Igor limits, then we, if we approve such settlement or consent to the proceeding continuing, shall cont ibute to the "Costs" incurred by you or any Insured in the ratio that it's proportion of the "ultimate net loss'I as finally adjusted bears to the whole amount of such"ultimate net loss." 4. In th- event you or any Insured elects not to appeal a judgment in excess of the underlying insurance limit or limit-, we may elect to conduct such appeal at our own cost and expense and shall be liable for the taxable cou , costs and interests incidental thereto, but in no event shall our total liability exceed its limit or imits as set der(A) below, plus the costs of such appeal. _ 1 5. In thb event a judgment is rendered in excess of the underlying insurance limit or limits and the underlying insur� or insurers elect to appeal such judgment, the duty of obtaining an appeal bond in regard to liability in exc s of the underlying insurance limit or limits shall rest with you or any Insured and your underlying insu ler or insurers. EXCLU ONS: In additi n to the exclusions in the underlying policy, coverage provided by this endorsement is subject to the followin COMMON POLICY EXCLUSIONS set forth under this policy: 1. oise and Pollution and Other Perils Exclusion Clause 2. sbestos Exclusion 3. uclear Risks Exclusion Clause 4. 'pecial Airport Provisions Exclusion Clause 5. ar, Hijacking and Other Perils Exclusion Clause LIMITS a►F LIABILITY: (A) Lim s hereunder $50,000,000. each accident $50,000,000. disease, each employee $50,000,000. disease, aggregate 'EX ESS OF: (B) Underlying Insurance: Po Icy Number: SP 4052149 Po Icy Period: JANUARY 1, 2015 THROUGH JANUARY 01, 2017 Liamility Limit $1,500,000. each accident $1.500.000. disease, each employee $1,500,000. disease, aggregate Ins rer: SAFETY NATIONAL CASUALTY CORPORATION All othe provisions of this policy remain the same. This en orsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NAT ONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Endors-rnent No. 23 . a_AL,_-- Date of ssue January 5, 2015 MSD By (Authorized Representative) CGL10: (1/08) Page 2 I if WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 11 Wewill waive, both in the i adjustment of claims and in the defense of "suits" against the Insured, any governmental immunity of the Insured, unless the Insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in'excess of the applicable limit of insurance. 1111 I f All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby'made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA , Endorsement No. 24 Date of Issue January 5, 2015 MSD By (Authorized Representative) CGL231 (3/05) • Includes copyrighted material of Insurance Services Office, Inc. with its permission SANCTIONS AND EMBARGO CLAUSE -AVN111 In the ev-nt any of the provisions of this endorsement are in conflict with any provisions, exclusions, cond'tions or terms fo ing part of this policy, this endorsement shall take precedence. 1. If, l�y virtue of any law or regulation which is applicable to an Insurer at the inception of this policy or be•omes applicable at any time thereafter, providing coverage to the "Insured" is or would be unlawful be pause it breaches an embargo or sanction, that Insurer shall provide no coverage and have no liability why tsoever nor provide any defence to the"Insured" or make any payment of defence costs or provide /1 an form of security on behalf of the "Insured", to the extent that it would be in breach of such law or re• lation. 2. In •i rcumstances where it is lawful for an Insurer to provide coverage under the policy, but the payent of a lid and otherwise collectible claim may breach an embargo or sanction, then the Insurer will t Ike all re--onable measures to obtain the necessary authorization to make such payment. 3. In e event of any law or regulation becoming applicable during the policy period which will restrict the abi ty of an Insurer to provide coverage as specified in paragraph 1, then both the "Insured" and the Ins l rer shall have the right to cancel its participation of this policy in accordance with the laws and re• lations applicable to the policy provided that in respect of cancellation by the Insurer a minimum of (31) days notice in writing be given. In the event of cancellation by either the "Insured" or the Insurer, th= Insurer shall retain the pro rata proportion of the premium for the period that the policy has been in forme. However, in the event that the incurred claims at the effective date of cancellation exceed the ea ed or pro rata premium (as applicable) due to the Insurer, and in the absence of a more specific pr. ision in the policy relating to the return of premium, any return premium shall be subject to mutual ag �-ement. Notice of cancellation by the Insurer shall be effective even though the Insurer makes no pa lment or tender of return premium. For the •urpose of this endorsement Insurer shall mean the Company. 1 All othe provisions of this policy remain the same. This en orsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy o. AP 028803096-51 issued to CITY OF RENTON By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH. PA Endorsement No. 25 ----- (ja_.....L-L.....- Date of Issue January 5, 2015 MSD By (Authorized Representative) UE1437(06/14) i II II II . WASHINGTON AMENDATORY ENDORSEMENT 11 This policyis amended as follows: ' „II I 1. III Exclusion e. of Coverage A - Bodily Injury and Property Damage Liability.(Section 1 - Coverages) applies ' only to "Bodily injury" to any employee of the insured whose employment is not subject to I the Industrial Insurance Act of Washi a gton (Washington Revised'Code Title 51). With respect to "Bodily injury" to II, employeesl of the insured whose employment is subject to the Industrial Insurance Act of',Washington, II II Exclusion e. is replaced with the following: , , This insurance does not apply to: , (1) "Bodily injury"to an"employee"of the insured arising out of and in the course of: i (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. 1 71 I This exclusion does not apply to liability assumed by the insured under an "insured contract", or liability assumed by the insured in any agreement required by a military or governmental authority as a prerequisite for using an airport or airport facility. ; 1 III2.11j1 SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITION 9. Premium Audit is hereby deleted in its entirety and replaced with the following: 1 I (a) We will compute all premiums for this Policy in accordance with our rules and rates. _ . Id 1 III (b) 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. ;. 3.IIII S CTION VI -COMMON POLICY EXCLUSIONS -WAR, HIJACKING AND OTHER PERILS EXCLUSION o C USE,exclusion d. is hereby deleted in its entirety and replaced with the following: �' . ,III, (d) Any act declared to be an act of terrorism by: ' i - (i) the Government of the United States, including, but not limited to, the United States Department of II the Treasuryor the National Transportation SafetyBoard or; P (ii)II' an agency of the Government of anycountryother than the'United States of America.' , , I 9 Y 'II i . I I III 1 I MI CGL986 (11/05) I Page 1 of Endorsement No. 26 il ll I ' 4. SE ] ION VI -COMMON POLICY EXCLUSIONS -WAR, HIJACKING AND OTHER.PERILS EXCLUSION C SE,exclusion h. is hereby added to the policy: (h) ny act of one or more persons, whether or not agents of a sovereign power, for political purposes and lad hether the loss or damage resulting therefrom is accidental or intentional; • • • • All othe provisions of this policy remain the same. This en••rsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy 0. AP 028803096-51 issued to CITY OF RENTON • By NA I ONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA • Endors-mert No. 26 Date of ssue January 5, 2015 MSD By (Authorized Representative) CGL98; (11/05) Page 2 • • WASHINGTON AMENDATORY ENDORSEMENT (CLAIMS DENIAL FOR CAUSATION) This policy is amended as follows: Notwithstanding any provision of the policy to the contrary, we will not deny a claim if a risk, hazard, or contingency insured against is the dominant cause of a loss even though there is an excluded risk,hazard, or contingency which is also in the chain of causes but operates on ansecondary basis. i I • • • • Al(other provisions of this policy remain the same. ' This endorsement becomes effective January 1. 2015 to be attached to and hereby made a part of Policy No. AP 028803096-51 issued to CITY OF RENTON Byl NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA • it Endorsement No. 27 Date of Issue January 5, 2015 MSD By 1,1 (Authorized Representative) CGL1193-WA(4/10) 11 WASHINGTON AMENDATORY ENDORSEMENT Wherev used in this endorsement: 1)"Insurer"means the insurance company which issued this policy' and 2) "Named nsured", "First Named Insured", and "Insured" mean the Named Corporation, Named Organization, Named ponsor,Named Insured, Named Entity or Insured stated in the Declarations page. The folio ing is added and supersedes any provision to the contrary: A. CA CELLATION 1. The Insured may cancel this policy or binder by delivering to the Insurer or Producer written notice of cancellation by mail, fax or email; or by surrender of the policy or'binder to the Insurer or Producer prior to or on the effective date of such cancellation; or by verbal notice to the Insurer or Producer followed by written confirmation of cancellation. 2. If the Insurer receives notice of cancellation from the Insured, it must accept and promptly cancel the policy or any binder issued as evidence of coverage effective the later of: (a) the date the notice is received, or(b)the date the Insured requests cancellation. • 3. The Insurer may cancel this policy by mailing or delivering to the Insured and the I insured's representative in charge of the subject of the insurance, if applicable, written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to the Insurer, at least:. a. ten (10) days before the effective date of cancellation if the Insurer cancels for nonpa ment of premium; or - b. forty-five (45) days before the effective date of cancellation if the Insurer cancels for any other reason. 4. Like notice of cancellation will also be mailed to any mortgage holder, pledgee or other person shown in this policy with an interest in any loss which may occur thereunder, at the last mailing address known to the Insurer. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 7. If the policy is cancelled, we will send the First Named Insured any premium refund due. If the Insurer cancels, the refund will be pro rata. If the First Named Insured cancels, the refund will be at least 90% of the pro rata refund. However, if the first Named Insured cancels, all unearned refund calculations shall be made subject to any minimum earned premium provisions of the policy. The cancellation will be effective even if we have not made or offered a refund. B. NONRENEWAL 1. The Insurer may elect not to renew this policy by mailing or delivering written notice of nonrenewal to the First Named Insured and the First Named Insured's representative in charge of the subject of the insurance at their respective last mailing addresses known to the Insurer. The notice of nonrenewal shall state the actual reason for nonrenewal. The Insurer will also mail to any mortgage holder or other person shown in this policy with an interest in any loss which may occur thereunder, at their last mailing address known to the Insurer, written notice of nonrenewal. The Insurer will mail or deliver these notices at least forty-five (45)days before the: • UE1240 WA(03/14) Page 1 of Endorsement No. 28 • a. Expiration of the policy; or b. Anniversary' date of this policy if this policy has been written for a term of more than,one year. I II 2. Otherwise, the Insurer will renew this policy unless: a. The Insured fails to pay the renewal premium after the Insurer has expressed willingness to renew; or b. Other equivalent coverage has been procured by the Insured prior to the expiration date of the policy; or c. The contract is;'evidenced by a written binder containing a clearly stated expiration date which has expired according to its terms. C I'''i RATES AND/OR PREMIUMS Unless the Insurer elects!not to renew this policy, at least twenty(20)days prior to the expiration date of the policy,the Insurer will mail or deliver to the First Named Insured or its agent, a written notice expressing its willingness to renew along with the amount of premium or portion thereof required to be paid by the Insured to renew the policy. This written notice shall also include the increased premium resulting from a change of rates and an explanation of any change in the contract provisions. II . All other provisions of this policy remain the same. This endorsement becomes effective January 1, 2015 to be attached to and hereby made a part of Policy INo. AP 028803096-51 issued to CITY OF RENTON 11 By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 111 Endorsement No. 28 Date of Issue January 5, 2015 MSD By (Authorized Representative) UE1240-WA(03/14) Page 2 POLICYHOLDER NOTICE Thank yhu for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG me, ber companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of comp-nsation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.com/producercompensation or by calling 1-800-706-3102. UE1013 ;04/13) Z 0 1 (...a I I I � I I I PRO-Managing General Agents, Inc. Administrative Offices j West 7th Street 301 E dth Street Fort Worth,TX 76102 Cincinnati,Ohio 4520Y 4201 Tel: 1-800-336-1338 GREATAj1ERICAN,Tel:1.513.369.5000 i i I I I NORM MP POLLUTION LIABILITY POLICY DECLARATIONS , NAMED INSURED AND MAILING ADDRESS Policy No. BTA 9988784-04 City of Renton WA 1055 S Grady Way Renton,WA 98057 I � i Policy Term: ' From: 1/1/2016 To: 1/1/2017 i I 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: $1516 Limits of Insurance: $1000000 Per environmental incident $1000000 Per annual aggregate IJmits of Defense: $500000 Per environmental incident � I Deductible Amount: $2500 Optional Coverage: Premium: Limits;by Location: $75 Repair&Replace: I $419 I Optional Coverage Premium: $494 Policy Fee: $125 Total Premium Due: $2135 9 I I ADDRESS OF INSURED SITE(S),: See Schedule of Insured Sites � I ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION AND FORMING A PART THEREOF: GAl 9001;STF6013;STF0871;STF9033;STF9002;STF9026;GAI 9085; E092WA-0904;STF9303;GAC 9012; PRODUCER: Griffin Underwriting Services 'P.O.'Box 3867 (Bellevue,WA 98009 Rekt Authorized Representative I i � I I I i I I Administrative Offices 'I 301 E 4th Swear Cinsinneti,Ohio 45402-4401 TAmErucvv,Tel:1.513-329.5000 lawxmn IRIW STF 6013(Ed.09/14) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFUI JLY. FORMS AND ENDORSEMENTS SCHEDULE It hereby understood and agreed that the following forms and endorsements are attached to,and are a part of, thi, Policy. N 1 Form and State Date Added* Form Description Edition Date or Date Deleted 1 GAI 9001 WA 9001 -Dec Page WA 2 STF6013 WA F&E Schedule 3 STF0871 WA Policy Changes 4 STF9033 WA Schedule of Sites 5 STF9002 WA Policy 6 STF9026 WA Loss Reporting 7 GAI 908501/02 WA 9085 -Cert of Ins. WA 8 E092WA-0904 WA Washington Changes 9 STF9303 WA Tank Repair or Replacement 10 GAC 9012 WA 9012-GAC LOI � , I I � I AdminIstratiee Offices 301 E4lhStreel GREAT ERIL4N Clndnnatl OH 45202-4201 STF 0871 Policy Changes INSURANCE GROUP 513 369 5000 ph � I 2014 POLLUTION LIABILITY COVERAGE FORM (DESIGNATED SITES) FORM REVISION II ADVISORY NOTICE TO POLICYHOLDERS This isia summary of the major changes to your policy. No coverage is provided by this summary nor can it,be construed to replace any provision of your policy.You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary,THE PROVISIONS OF THE POLICY SHALL PREVAIL. i The major areas within the policy that broaden or reduce coverage,and other changes,are highlighted below.This notice does not reference every editorial change made in your policy.We have followed the policy sequence of provisions in setting out this material. Please note that not all the forms listed below may be applicable to your policy. POLLUTION LIABILITY COVERAGE FORM (DESIGNATED SITES) 1 SECTION I—POLLUTION UABILITY COVERAGE: � I i 11.Insuring Agreement-Bodily Injury and Property Damage Liability •il Added the statement that: °I I We may,at our discretion,investigate any"pollution incident"and settle any claim or"suit"that may result. I I This is standard industry language added to clarify our intentions.There is no coverage change created by the inclusion of this statement. Moved to use of"pollution incident"rather than "environmental incident"to follow current market standard reference to coverage trigger for this insuring agreement. � I • Eliminated reference to previously defined term"Policy Span",and converted to industry standard reference to policy period and Extended Reporting Periods,with which policyholders are more familiar. I I 2.Insuring Agreement—Government-Mandated"Clean-up Costs"Liability 111 • Added the statemont that: 1,1 °I I ' I � �u I I I � We may,at our discretion,investigate any"pollution incident"and settle any claim or"suit"that may result. This is standard industry language added to clarify our intentions.There is no coverage change created by the inclusion of this statement. • Moved to use of"pollution incident"rather than "environmental incident"to follow current market standard reference to coverage trigger for this insuring agreement. • Eliminated reference to previously defined term"Policy Span",and converted to industry standard reference to policy period and Extended Reporting Periods,to which policyholder are more familiar. • Eliminated reference to previously defined term"declared",which is no longer needed with;the move to more specific language regarding policy period and Retroactive Dates in determining applicability of coverage under the Policy.The Policy now more clearly identifies when a "pollution incident"is covered. 3.I Suring Agreement—Defense and Claim Handling Expense Added the following statements: o However, we will have no duty to defend the insured against any"suit"seeking damages for "bodily injury', "property damage",or government-mandated "clean-up costs"to which this insurance does not apply. This is standard industry language added to clarify our intentions.There is no coverage change created by the inclusion of this statement. o We will pay the costs to investigate,contest, or appeal, at our expense,claims or "suits" seeking damages for"bodily injury", "property damage"or government-mandated "clean-up costs"to which this insurance applies. This statement is needed to explain how claim handling expenses are addressed undo)r this insuring agreement. • Moved to use of"pollution incident"rather than "environmental incident"to follow current market standard reference to coverage trigger for this insuring agreement. • Eliminated reference to previously defined term"Policy Span",and converted to industry standard reference to policy period and Extended Reporting Periods,to which policyholders are more familiar. 4.Ad u ed a statement under all of the Insuring Agreements to reflect: • No other obligation or liability to pay sums or to perform acts or services is covered unless explicitly provided for under SECTION I—POLLUTION LIABILITY COVERAGE or SECTION IV— SUPPLEMENTARY PAYMENTS. This is standard industry language added to clarify our intentions.There is no coverage change created by the inclusion of this statement. SECTION II—EXCLUSIONS: • We introduced exclusion titles and alphabetized exclusions to make it easier for policyholders to identify exclusions under the policy. • We eliminated the following exclusions: o Criminal Acts exclusion,as the Expected or Intended Injury exclusion generally applies to these acts.We,therefore,considered the inclusion of the Criminal Acts exclusion to be unnecessary. o Auto exclusion,as the policy limits coverage to only those"pollution incidents"that arise out of"underground storage tanks"at an "insured site"that commences on or after the Retroactive Date within the policy period or Extended Reporting Period.We, therefore,considered the inclusion of the Auto exclusion to be unnecessary. o Anything Other Than an "Unground Storage Tank"exclusion,as this is more appropriately handled under the Insuring Agreement where coverage is limited to.those "pollution incidents"that arise out of"underground storage tanks"at an "insured site". We,therefore,considered the inclusion of the Anything Other Than An"Underground Storage Tank"exclusion to be unnecessary. • We added the following exclusions: o Known Contamination exclusion—previously this was an exclusion added by endorsement.We are including under the coverage form to eliminate the need for the separate endorsement. o Noncompliance With Environmental Laws exclusion—is an industry standard exclusion under Polltlition Liability Coverage,which is was introduced to confirm for policyholders that their pollution liability policy does not cover"bodily injury","property damage"or governme t-mandated "clean-up costs"arising out of a "pollution incident"that results from the policyholder's intentional,willful or deliberate non-compliance with environmental laws.Such intentional,willful or deliberate non-compliance with environmental laws are completely within the policyholder's control and are therefore not insurable. o War exclusion—is an industry standard exclusion under most all policy coverage forms that eliminates coverage for"bodily injury","property damage", "environmental damage"or government-mandated "clean-up costs"arising,directly or indirectly,out of war(including undeclared or civil war),warlike action by a military force,civil commotion,insurrection,rebellion, revolution,riot, usurped power,or action taken by governmental authority in hindering or defending against any of these aggressions. SE ION III—WHO IS AN INSURED • We introduced limited liability companies as insureds per more recent updates to Who Is An Insured language under policies providing pollution liability coverage. • We utilized industry standard Who Is An Insured language under most pollution liability policies under this section. SE 1 ION IV—LIMITS OF INSURANCE—BODILY INJURY, PROPERTY DAMAGE AND GOVERN MENT- M, DATED CLEAN-UP COSTS LAmended the section title to reflect that this section applies to Limits of Insurance for"bodily injury","property damage"and government-mandated "clean-up costs". • Added new references to the Limit of Insurance titles to reflect: o Annual Aggregate Limit o Per"Pollution Incident" Limit SEC ION V—LIMIT OF INSURANCE—DEFENSE AND CLAIMS HANDLING EXPENSE Amended the section title to place emphasis on the separate limit of defense available under the policy,as well as the inclusion of Claims Handling Expenses incurred. SEC ON VI—SUPPLEMENTARY PAYMENTS Added this section to address supplementary payments available under the policy,which were previously buried within the Limits of Insurance sections.This makes the availability of supplementary payments more apparent to policyholders. SE ION VII—DEDUCTIBLE AMOUNT Revised this section to reflect industry standard language as respects deductible application under pollution liability policies. It is easier to read,and clarifies our intent. SECT ON VIII—CONDITIONS • We alphabetized the policy conditions for ease of review and recognition of conditions required of the policyholder under the policy. • We updated the language of most policy conditions to reflect industry standard conditions under pollution liability policies,which are more recognizable to policyholders. I � I I , I , • We removed the following condition: o Service of"Suit"—the condition was relocated to an Endorsement to eliminate the need i I for continual(maintenance of the individuals listed under the coverage form.Going forward,the Service of"Suit"condition will be found under a separate endorsement to the policy. If or when a contact name or address is changed,we can address the endorsement separately with the state departments of insurance to make necessary changes,as opposed to amending the entire coverage form. i I I SECTION IX—EXTENDED REPORTING PERIODS I i • We combined the prior Section VIII—AUTOMATIC EXTENDED REPORTING PERIOD and SECTION IX—OPTIONAL EXTENDED REPORTING PERIOD to place all extended reporting period references under one policy section,which is a move to industry standard language and formatting in the handling of extended reporting periods under claims-made policies.This clarifies our intentions in providing extended reporting period options,and is more recognizable to policyholders. I , I SECTION X—DEFINITIONS: � I I • We eliminated the following definitions as they are no longer needed: o "Auto"—nojlonger needed with removal of the"Auto"exclusion o "Claim"—mloved to industry standard of not defining the word claim o "Declared"7 no longer needed with language changes made to Limits of Insurance sections of the Policy.The Insuring Agreements now determine when a"pollution incident" is'covered, rather than relying on a declaration of an incident from a governmental body. o "Environmental incident"—is replaced by the"pollution incident"definition. I i i o "Policy Span"—no longer needed with standardization of Insuring Agreements to address the policy period and Retroactive Date as determinants of coverage. � I ' I • We made changes ito the following definitions: o "Bodily injury"is modified to include disability,mental anguish or shock. o "Coverage territory" is modified to include Puerto Rico and Canada. ''I I o "Loading or unloading"is now a single definition,which was previously separated into "loading"and "unloading",otherwise there was no change to the definition. d i I I o "Property damage"is updated to match industry standard definition under pollution liability policies,which is more recognizable to policyholders. • We added the following definitions to update language to current industry standard terms under pollution liability policies: o "Employee"includes a leased worker. "Employee"does not include a"temporary worker". o "Environmental damage"means the injurious presence in or upon land,the atmosphere,or any watercourse or body of water of solid,liquid,gaseous or thermal contaminants,irritants or"pollutants". o "Executive officer"means a person holding any of the officer positions created by your charter,constitution, bylaws or any other similar governing document. o "Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business."Leased worker"does not include a "temporary worker". o "Pollutants"means any solid, liquid,gaseous or thermal irritant or contaminant, including smoke,vapor,soot,fumes,acids,alkalis,chemicals and waste.Waste includes materials to be recycled, reconditioned or reclaimed. o "Pollution incident"means the accidental emission,discharge,dispersal, release, seepage or escape of"pollutants"into or upon land,the atmosphere,or any watercourse or body of water, provided that such emissions,discharge,dispersal, release,seepage or escape is from an"underground storage tank"at an "insured site" resulting in "environmental damage". o "Temporary worker"means a person who is furnished to you to substitute for a permanent"employee"on leave or to meet seasonal or short-term workload conditions. The following endorsements were updated to incorporate changes made to the Pollution Liability Coverage Form.The endorsements listed may or may not apply to your policy. STF 6013 09/14 Forms and Endorsement Schedule STF 7125 09/14 Named Insured Endorsement STF 900109/14 Pollution Liability Policy Declarations STF 9012 09/14 Limits of Insurance-Per Insured Site i I � I I STF 9013 09/14 Amendment-Storage Tank Definition-Including Aboveground Storage Tanks � I STF 9014 09/14 Amendment-Storage Tank Definition-Including Aboveground Storage Tanks,Spill or Overflow from Loading or Unloading Excluded STF 9016 09/14 Additional Insured-Designated Person or Organization STF 9026 09/14 ! Amendment-Loss Reporting STF 9033 09/14 Schedule of Designated Sites STF 930109/14 Sudden and Accidental Pollution Incident During Loading or Unloading of an Auto STF 9302 09/14 Business Income and Extra Expense Coverage STF 9303 09/14 Underground Storage Tank Repair or Replacement Costs STF XXXX 09/14 Notice of Rescission of Cancellation for Nonpayment of Premium STF XXXX 09/14 Notice of Cancellation-Non-Payment of Premium STF XXXX 09/14 Amendment-Limited Bodily Injury and Property Damage Coverage at Inactive or Sold Designated Sites STF XXXX 09/14 Service of Suits I I I i I I I I I I I � i I i d I I i i I I I I i I I I I III lil i II' � ul i I I .I - AdminiettatIye Offices 301 E 4M Sueat Cincinnati,Ohio 45202-4207 GREATA JEPJCAN. Tel•1.013.36S-0000 wwuw uar STF 9033(Ed. 09/14) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY SCHEDULE OF DESIGNATED SITES Site No. Site Deductible Retroactive Date Location/Address: 27542719 3555 NE 2nd St $2500 1/1/2011 Renton,WA 98055 'Additional Insured(s): Name: None 1i ank#/ Tank Capacity/ Tank Leak Line Line Leak )Tank Construction/ Contents Detection/ Construction/ Detection/ Type Year Installed Spill-Overfill Year Pump Type Containment Installed 1 FRP 12000 SIR DWFRP None UST 1983 Gasoline Y 1983 Suction 1 (Unleaded) 2 FRP 12000 SIR DWFRP None JST 1983 Diesel Y 1983 Suction ite No. Site Deductible Retroactive Date Location/Address: 04293294 4000 Maple Valley $2500 1/1/2011 Hwy Renton,WA 98055 dditional Insured(s): i�ame: None dank#/ Tank Capacity/ Tank Leak Line Line Leak I ank Construction/ Contents Detection/ Construction/ Detection/ 1 f� pe Year Installed Sill-Overfill Year Pump Type 1 I Containment Installed 1 1 DWFRP 550 SIR DWFRP None H ST 1991 Gasoline Y 1991 Suction (Unleaded) I 'I El 11 II I I 11 11 II I I ul Administrative Offices 301 E 4th Street Cincinnati, Ohio 45202-4201 GREA wI 'CAN. Tel: 1-513-369-5000 STF 9002 (Ed. 09/14) SURANCE CRIMP � I � I I POLLUTION LIABILITY COVERAGE FORM (DESIGNATED SITES) I THIS IS A CLAIMS-MADE POLICY. PLEASE READ THE ENTIRE FORM CAREFULLY. I I Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and (what is and is not cowered. 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 SECTION III - WHO IS AN INSURED. Other words and phrases that' appear in quotation marks have special meaning. Refer to SECTION X - DEFINITIONS . ,l I SECTION lI - POLLUTION LIABILITY COVERAGE claim or "suit" on the merits in the d "coverage territory" or in a 'settlement 1. Insuring Agreement - Bodily Injury and we agree to; and Property Damage Liability (4) a claim for damages because of the a" We will pay those sums that the Insured "bodily injury" or "property damage" is becomes legally obligated to pay as dam- first made against any insured, in writ- ages because of "bodily injury" or "prop ing, in accordance with paragraph c. er1ty damage" to which this insurance ap- below, during the policy period or any plies. We may, at our; discretion, invest'- Extended Reporting Period we provide gate any "pollution incident" and settle any under SECTION IX - EXTENDED RE- claim or "suit" that may result. But the PORTING PERIODS. amount we will pay for damages is limited { as described in SECTION IV - LIMITS OF c. A claim by a person or organization seek- ing damages will be deemed to have been INSURANCE. made at the earlier of the following times: I 1 fb. This insurance applies to "bodily injury" (1) when written notice of such claim is and "property damage"i only if: received by us, or q I (1) the "bodily injury"; or "property dam- (2) when we make a settlement in accor- age" is caused by a "pollution incident" dance with paragraph a. above from an "underground storage tank" at „i an "insured site"; and 2. Insuring Agreement - Government Mandat- I ed "Clean-up Costs" Liability (2) the "bodily injury" or "property dam- age" is caused by'a "pollution incident" a. We will pay for government-mandated that commences on or after the Ret- "clean-up costs" that the Insured becomes 1 roactive Date shown in the Declara- legally obligated to pay because of a "pol- 1 11 I tions; and lution incident" to which this insurance ap- "I 1 plies. But the amount we will pay for such (3) the Insured's responsibility to pay government-mandated "clean-u'p costs" is 'I 1 damages because' of "bodily injury" or limited as described in SECTION IV - ' 1 "property damage," is determined in a LIMITS OF INSURANCE. We may, at our II I oI � l STF 9002,1 (Ed; 09/14) (Page 1 of 12) '1 II discretion, investigate any "pollution inci- POLLUTION LIABILITY COVERAGEI or SEC- dent" and settle any government-mandated TION VI - SUPPLEMENTARY PAYMENTS. 'clean-up costs" that may result. SECTION II - EXCLUSIONS I b. This insurance applies to government- mandated "clean-up costs" because of a This insurance does not apply to: 'pollution incident" only if: 1 1. Abandoned Tanks (1) the government-mandated "clean-up costs" result from a "pollution incident" "Bodily injury," "property damage," 1 "environ- that commences on or after the Ret- mental damage" or government,-'imandated roactive Date shown in the Declara- "clean-up costs" arising out of a 1"'pollution tions from an "underground storage incident" from an "underground storage tank," tank" at an "insured site" in the "cov- which was sealed off, closed, abandoned or erage territory"; and removed from use or alienated prior to the II Retroactive Date shown in the Declarations 2) the Insured's obligation to pay govern- Page of this Policy. 11 ment-mandated "clean-up costs" re- sulting from the "pollution incident" is 2. Contractual Liability II asserted under the statutory authority II of the government of the United "Bodily injury," "property damage," 'environ- States of America, Canada or any mental damage," or government-mandated governmental subdivisions of the Unit- "clean-up costs" as a result of a 1 "pollution ed States or Canada. incident" for which the Insured is obligated to pay damages by reason of the assulmption of ( ) notice asserting such obligation must liability in a contract or agreement. This exclu- be first received by us during the poll- sion does not apply to liability fora damages cy period, or any Extended Reporting that the Insured would have in the absence of Period we provide under SECTION the contract or agreement. it VIII - EXTENDED REPORTING PERIODS. 3. Cross Claims or Suits i 3. Insu 'ng Agreement - Defense and Claims "Bodily injury," "property damage," �"Ienviron- Hanssing Expense mental damage," or government- andated "clean-up costs" which is brought bly or on We lave the right and duty to defend the behalf of a named insured covered underl this Insur:d against any "suit" seeking damages be- Policy against any other named insured cov- caus.1 of "bodily injury," "property damage," or ered under this Policy. gove pment - mandated "clean-up costs." 4. Damage to Property How-ver, we will have no duty to defend the g Insur-Id against any "suit" seeking damages for "Property damage" to: "bodil,l injury," "property damage," or govern- ment andated "clean-up costs" to which this (a) property you own, rent, or occupy, in- insur-nce does not apply. cluding any costs or expenses incirred by you, or any other person, organisation or We II pay the costs to investigate, contest, entity for repair, replacement, enhance- or appeal, at our expense, claims or "suits" ment, restoration or maintenance Of such seeki lIg damages for "bodily injury," "property property for any reason, including pre- damaie," or government-mandated "clean-up vention of injury to a person or damage to costs' to which this insurance applies. another's property, except as identified in SECTION I - POLLUTION LIABILITY The a ount we will pay is limited as described COVERAGE, 2. Insuring Agreement - in S= TION V - LIMIT of DEFENSE AND Government Mandated "Ci,ean-up CLAI HANDLING EXPENSE. Costs" Liability; 4. No of -r obligation or liability to pay sums or (b) premises you sell, give away or abandon, to per`lorm acts or services is covered unless if the "property damage" arises out of any explicitly provided for under SECTION I - part of those premises; I 'I II STF 9002 (Ed. •9/14) (Page 2 of 12) 11 (c) property loaned to you; tive complaint, directive, notice of violation, for I notice letter, order, ordinance, regulation, or statute of any governmental agency or body. (d)'personal property in the care, custody or 'control of the Insured. ; 10. Prior Pollution Incidents i 5. Employer's Liability "Bodily injury," "property damage," "environ- I i mental damage" or government-mandated "Bodily injury" to: i "clean-up costs" caused by, attributed to, or resulting from any "pollution incident" which a. An employee of the Ilnsured arising out ' would not have occurred, in whole or in part, of and in the course of:l but for the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release (1)1 employment by the Insured; or l or escape of "pollutants" that commenced prior to the Retroactive Date shown in the I (2y performing duties related to the con Declarations. i , duct of the Insured's business; or b.1 The spouse, child, parent, brother or sister 11. Punitive Damages i of, that employee as la consequence of Punitive, exemplary or treble damages, or any paragraph a. above. charge meant to punish or deter behavior. This exclusion applies whether the Insured e 12. Spill or Overflow may be liable as an employer or in any other capacity and to any obligation to "Bodily injury," "property damage," "environ- I share damages with or repay someone mental damage" or government-mandated else who must pay damages because of "clean-up costs" caused by, attributed to, or the injury. resulting from any spill or overflow that oc- curs during the "loading or unloading" of an 6. Expected or Intended Injury "underground storage tank," unless reported i ' to us within 72 hours of the spill or overflow. "Bodily injury," "property ! damage," "environ- mental p damage" or government-mandated 13. Testing and Monitoring "clean-up costs" expected or intended from th,e standpoint of the Insured. Costs and expenses of testing, monitoring and i determining the source and extent of con- 7. Federal, State or Local Damages tamination, except as a consequence of a "pollution incident." Federal, state or local assessments, fines and penalties. i , I 14. Transportation or Disposal of Polluted Soil or Property 8. Known Contamination 1 "Bodily injury," "property damage," "environ- "Bodily injury," "propertyi damage," "environ- mental damage," or government-mandated mental damage" or government-mandated "clean-up costs" arising out of a "pollution "Clean-up costs" arising out of contamination incident" from the transportation or disposal known or suspected byl the Insured or as of polluted soil, property, waste, or water identified on any federal,1 state or local envi- from an "insured site" or any part of an "in- ronmiental agency list as a confirmed or sus- sured site" that was used by you pected contaminated site, as of the Policy effective date shown in the Declarations. 15. Underground Storage Tanks - Recycling, Removal, Repair or Replacement 9. Noncompliance With EnI ironmental Laws I (a) The costs and expenses of removing, re- ,Bodily injury," propertY damage," "environ- placing or recycling the contents of an Mental damage," or government-mandated "underground storage tank." "clean-up costs" arising out of a "pollution incident" which results from or is attributable (b) Costs and expenses to repair, replace or to ah insured's intentional, willful or deliberate remove an "underground storage tank." noncompliance with any applicable administra- 1 STF 9002' (Ed. 09/14) (Page 3 of 12) i 11 16. Wa d. An organization other than a partnership, joint venture or limited liability! company, "Bo�oily injury," "property damage," "environ- you are an insured. Your "execcutive of- me al damage" or government-mandated ficers" and directors are insureds, but only "cl-.n-up costs," however caused, arising, di- with respect to their duties as your of- rect`y or indirectly, out of: . ficers or directors. Your stockholders are also insureds, but only with respect to (a) ar, including undeclared or civil war; their liability as stockholders. 1 (b) arlike action by a military force, including 2. Each of the following is also an insured: ction in hindering or defending against an I ctual or expected attack, by any govern- ent, sovereign or other authority using a. Your "employees," other than either your IL iilitary personnel or other agents; "executive officers" (if you are an organi- zation other than a partnership, joint ven- ture or limited liability company)I or your (c) ivil commotion, insurrection, rebellion, managers (if you are a limited liability 'evolution, riot, usurped power, or action company), but only for acts within the ken by governmental authority in hinder- scope of their employment by you or g or defending against any of these. while performing duties related to the conduct of your business. However, none 17. Wa- e Facility of these "employees" is an insured for: II a. ' :odily injury," "property damage," "envi- ,,. oII nmental damage" or government-man (1) Bodily injury . elated "clean-up costs" caused by, attrib- lred to or resulting from "pollutants" ema- (a) to you, to your partners) or mem- bers from a "waste facility." bers (if you are a partnership or joint venture), to your (members b. ""roperty damage" to a "waste facility." (if you area limited liability com- pany}, or to a co-"e'imployee 18. Wor ILrs' Compensation and Similar Laws while that co-"employee"1 is either in the course of his or1 her em- ployment or performing duties Any obligation of the Insured under a workers' com.l-nsation, disability benefits or unem related to the conduct of your business; ploy ent compensation law or any similar law. I SECTIO III - WHO IS AN INSURED (b) to the spouse, child,!i parent, brother or sister of that co-"em- ployee" as a consequnce h (a) above; or nce of 1. If y�u are designated in the Declarations as: aragrap I a. A individual, you and your spouse are I (c) for which there is any obligation in-ureds, but only with respect to the to share damages with or repay conduct of a business of which you are someone else who must pay th- sole owner. damages because of thel injury b. A partnership or joint venture, you are an described in paragraph (al) or (b) above. ,I inured. Your members, your partners and I thI it spouses are also insureds, but only I wi h respect to the conduct of your busi- (2) "Property damage" or "environmental n= S. damage" to property: 'I c. A imited liability company, you are an in- (a) owned, occupied or used by, 11 su led. Your members are also insureds, II bu only with respect to the conduct of (b) rented to, in the care, custody or yo r business. Your managers are insur- control of, or over which (physical ed-, but only with respect to their duties control is being exercisedllfor any as our managers. purpose by; 'I I I STF 9002 (Ed. et /14) (Page 4 of 12) 11 '1 iI I + I ,you, any of your 1 "employees", any 3. We will pay damages and government-man- partner or member (if you are a part- dated "clean-up costs" only for the amount of ' Inership or joint venture), or any mem- the damages or government-mandated 'ber (if you are a limited liability corn- "clean-up costs" which are in excess of the Ipany). I deductible amount, if any, shown in the Dec- ] I 1 larations. Subject to the Annual Aggregate b.''Any person or organization having proper Limit above, the most we will pay in any one +temporary custody of your property if "pollution incident" for the sum of: a you die, but only: I I a. all damages because of all "bodily injury" 1 (1)'with respect to liability arising out of and "property damage"; and the maintenance or Iuse of that prop- ' , erty; and 1 b. all government-mandated "clean-up costs" incurred because of all "environmental (2), until your legal representative has been damages"; will be the lesser of: 1 appointed. I (1) the Each "Pollution Incident" Limit; or ' I c.; Your legal representative if you die, but (2) the sum of those damages and gov- only with respect to duties as such. That ernment-mandated "clean-up costs." representative will ['level all your rights and duties under this Policy., 4. The Annual Aggregate Limit and the Per "Pol- 1 1 lution Incident" Limit shown in the Declarations 3. No person or organization is an insured with is the most we will pay for the sum of all respect to the conduct of any current or past damages because of: partnership, joint venture, or limited liability company that is not shown) as a named insured (a) any one claim, "suit" or government-man- in i the' Declarations. j date; or SECTION IV- LIMITS OF INSURANCE - BODILY (b) any one group or series of related claims, INJURY, PROPERTY DAMAGE AND GOVERN- "suits" or government-mandates. MENT-MANDATED CLEAN-UP COSTS I I 5. Any sum we pay for damages under this Poll- 1. The Limits of Insurance shown in the Declara - tions and the rules below fix the most we will nual Aggregate Limit shown in the Declara- pay regardless of the number of: tions. I I The Limits of Insurance of this Policy apply a. insureds; separately to each consecutive annual period 1 „ I and to any remaining term of less than 12 I claimsmadeits Ibrought; , or "suits" months, starting with the beginning of the I I policy period shown in the Declarations, un- x. persons or organizations making claims or less the policy period is extended after issu- bringing "suits"; or 1 ance for an additional period of, less than 12 1 months. In that case, the additional period will d. governmental actions ,taken with respect be deemed part of the last preceding period to government-mandated "clean-up for purposes of determining the Limits of ' c'osts." Insurance. I 1 1 SECTION V - LIMIT OF INSURANCE - DEFENSE 2. The Annual Aggregate Limit is the most we AND CLAIM HANDLING EXPENSE will pay for the sum of: The Limit of Insurance-Defense and Claim Han- a. all damages because of all "bodily injury" dling Expense, as shown in the Declarations, in and "property damage); and effect when the claim or "suit" was received by us, is the most we will pay for all costs to inves- Ib. all government-mandated "clean-up costs" tigate, contest, defend or appeal claims or "suits" ' ilncurred because of all "environmental from each "pollution incident" during the policy ' damage." period. 1 STF 9002" (Edl. 09/14) I (Page 5 of 12) , ill , rl lI As par of the Limit of Defense and Claim Han- SECTION VI - SUPPLEMENTARY PAY- dling Ellpense, we will pay: MENTS I 1 1. all ::xpenses we incur; We will pay, with respect to anyII claim or suit covered under SECTION I - POLLUTION LIABILITY COVERAGE, paragraph 1L Insuring 2. the cost of bonds to release attachments, but Agreement - Bodily Injury ands Property onl for bond amounts within the Limit of Damage Liability: Clai Handling Expense, including Defense Exp nse; we do not have to furnish these 1. Prejudgment interest awarded against the In- I bon s; sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment 3. all gasonable expenses incurred by the in- interest based on that period of timed after the sur-•, at our request, to assist us in the in- offer. Ii vest bation or defense of the claim or "suit," incl ding actual loss of earnings, up to $250 a 2. All interest on the full amount of anyl judgment day, because of time off from work; and that accrues after entry of the judgment and before we have paid, offered to pay, or de- 4. all court costs taxed against the Insured in a posited in court the part of the judgment that "suit.! However, these payments do not in- is within the applicable limit of insurance. clud- attorneys' fees or attorney's expenses it taxel•i against the Insured. 3. Expenses incurred by the Insured for first aid I administered to others at the time of1 any ac- cident, for "bodily injury" to which this insur- If our p.. ments exceed the Limit of Defense and ance applies. 11 Claim Handling Expense, we may, at our sole dis- 1 cretion, •ontinue to pay these costs and we will These payments will not reduce the l limits of bill you or costs paid in excess of the Limit of insurance. I Defense and Claim Handling Expense. We will only I pay the osts to investigate, settle, contest, de- SECTION VII - DEDUCTIBLE AMOUNT I fend, or .ppeal claims or"suits" when each of the followin•1 conditions are met: 1. We will not pay for damages or government mandated "clean-up costs" because of: 1. the c :im or "suit" is a covered claim or "suit" in aclordance with SECTION I - POLLUTION (a) any one claim, "suit" or government man LIAB LITY COVERAGE, date; or paragraph 1. Insuring h Agre-ment - Bodily Injury and Property (b) any one group or series of related claims, Dam. se Liability and paragraph 2. Insuring 11 "suits" or government-mandates that share Agreement - Government Mandated a common connection, tie, or linkI of fact, "Cie. -Up Costs" Liability; and circumstance, situation, event, transaction or cause; 2. the L mits of Insurance for such coverage in ' SECT ON I - POLLUTION LIABILITY COV- unless and until the amount of su1ch dam- ERAG paragraph 1. Insuring Agreement - ages or government mandated "clean up Bodil' Injury and Property Damage and costs" exceeds the Deductible shlown in the Declarations, regardless of the, number I parag aph 2. Insuring Agreement - Govern- ment Mandated "Clean-Up Costs" Liability of persons or organizations who may have of been exhausted by the payment of sustain damages or government miandated dama•1 s or government-mandated "clean-up clean up costs," make a claim, olr bring costs.' suit. I 2. The terms of this insurance, including'( those 3. Our right and duty to defend ends when we with respect to: have Iced up the applicable limit of insurance 11 in the payment of judgments, settlements, or (a) our right and duty to defend the I Insured gover ent-mandated "clean-up costs." against "suits"; and i 1 STF 9002 (Ed. .9114) (Page 6 of 12) it (b) Ian insured's duties in the event of a "pol- 4. Notice of cancellation will state th,e effec- lution incident," claim, "suit" or govern-ment- tive date of cancellation. The policy period ,mandate apply irrespective of the will end on that date. application of the Deductible amount. 5. If notice is mailed, proof of mailing will be IWe] may, at our sole discretion, or will, if sufficient proof of notice. required by law, pay all,Ior any part of, the Deductible amount to effect settlement of 6. The policy period ends on the effective 'any' claim, or "suit," or' payment of gov- date of cancellation, whether cancelled by I ernment-mandated "clean-up costs." If we you or by us. ' do 'so, then upon notification of the action " taken, you will promptly reimburse us for 7. If this Policy is issued to comply with any such part of the Deductible as has been law or regulation which requires notice of advanced by us, including any expenses cancellation to any governmental body, we incurred to recover the Deductible cancellation may not be effected until the amount advanced. required notice has been provided by you o r us. SECTION IUIII - CONDITIONS D. Changes A. Advance Policy Premium] This Policy contains all agreements between you and us concerning the insurance afforded. Tli,le Advance Policy Premium for this Policy is The first named insured shown in the Declara- the premium shown in the Declarations. tions is authorized to make changes in the terms of this Policy with our consent. This The first named insured shown in the Declara Policy's terms can be amended or waived only tions is responsible for the payment of all by endorsement issued by us and made a part premium. of this Policy. B. Bankrjuptcy E. Duties in the Event of a Pollution Incident, Claim, Suit, or Government Mandate Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our 1. (a) You must see to it that we are notified obligations under this Policy. immediately of a "pollution incident" I which may result in a claim or any action or proceeding to impose an C. Cancellation obligation on the Insured for govern- 1. The first named insured shown in the ment-mandated "clean-up costs." No Declarations may cancel this Policy by tice must include: mailing or delivering to us advance written (1) how, when and where the "pollu notice of cancellation. tion incident" took place; 2. We may cancel this 'Policy by mailing or (2) the names and addresses of any delivering to the first 'named insured writ- injured persons and witnesses; ten notice of cancellation at least: and ' i I a. 10 days before the effective date of (3) the nature and location of any in- cancellation for nonpayment of pre- jury or damage arising out of the mium or misrepresentation; or "pollution incident." b. 60 days before the effective date of (b) You must see to it that we receive cancellation if we cancel for any other immediate written notice of any claim, reason. I "suit," or governmental mandate brought against any insured. 3. We will mail or deliver our notice to the first named insured's: last mailing address Notice of a "pollution incident" is not no- known to us. I tice of a claim. I STF 9002 (Ed. 09/14) (Page 7 of 12) it 2. ou must permit us to inspect the "under- for any payment made by us which we would •round storage tank(s)" and the "insured not have been obligated to make plunder the ,-ite." terms of this Policy except for the issuance of the certificate of insurance. 3. ou and any other involved insured must: I H. Inspections and Surveys (a) immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the 1. We may require you to have anj� "insured site" inspected by an inspection service claim or "suit"; ) authorize us to obtain records and ' other information; acceptable to us. You must payl the cost of the inspection. You must also provide us with a copy of the inspection ireporf. cooperate with us in the investigation 2. We are not obligated to make any inspec- or settlement of the claim or defense against the "suit"; .) assist us, upon our request, in the en- persontions, surveys, reports or reco'mmenda- tions and any such actions we do under take or require of you relate only to in- surability and the premiums to be charged. forcemeat of any right against any who, or organization which, may be liable to the Insured because We do not make safety inspections. We do not undertake to perform the l duty of any person or organization to provide for of "bodily injury," "property damage" or government mandated "clean-up the health or safety of workersil or the public. We do not warrant that conditions: 11 costs" to which this insurance may also a I (a) are safe or healthful; or PP y. 4. I , (b) comply with laws, regulation , codes u� der oathrequested at suchpermit timesus toes mayquestion be reayou or standards. I sonably required about any matter relating II t�� a "pollution incident" including your Paragraphs 1. and 2. of this condition ap- books and records. Such sworn statement ply not only to us, but also to anjy rating, Lst be signed. advisory, rate service or similar organiza- tion which makes insurance inspections, 5. omply with all local, state and federal surveys, reports or recommendations. "•I Ilution incident" reporting requirements. I. Legal Action Against Us I 6. T.ke immediate action to stop or contain th- release. No person or organization has a right under this Policy: No insured will, except at that Insured's or cost, voluntarily make a payment, as- 1. to join us as a party or otherwise I�ring us s ? e any obligation or incur any expense, into a "suit" asking for damages 1 rom an otter than for first aid, without our con- insured; or I s- t, except, as outlined in Item 6 above. 2. to sue us on this Policy unless all of its F. Examination of Your Books And Records terms have been fully complied with!. We ay examine and audit your books and A person or organization may sue us to re- recor•. as they relate to this Policy at any cover on an agreed settlement or on a final time . ring the policy period and up to three judgment against an insured; but we will not years afterward. be liable for damages that are not payable under the terms of this Policy or that are in G. Finan.ial Responsibility Laws excess of the applicable Limits of Insurance, • or Limit of Claim Handling Expense, Including When we issue a certificate of insurance as Defense Expense. An agreed settlement proof of financial responsibility under the means a settlement and release of Iliability provisions of any underground tank financial signed by us, the Insured and the claimant or respon ibility law, you agree to reimburse us the claimant's legal representative. I I STF 9002 (Ed. 0 /14) (Page 8 of 12) J. Other Insurance 3. as of the date you signed the Pollution Liability Application, you have disclosed to 1. ,Excess Insurance us all "pollution incidents"; and ,This insurance is excess over any other 4. we have issued this Policy in reliance upon insurance, except insurance which is spe- cifically issued to be excess of this Policy. your representations. I I I Wel will have no duty under SECTION I - L. Separation of Insureds POLLUTION LIABILITY COVERAGE, 3. In- surfing Agreement - Defense and Claims Except with respect to Limits of Insurance, Handling Expense to defend the Insured Limit of Defense and Claim Handling, Expense, against any "suit" if any other insurer has a deductible and any rights or duties specifically duty to defend the insured against that assigned in this Policy to the first named in- "suit." If no other insurer defends, we will sured, this insurance applies: undertake to do so, but we will be entitled to !the Insured's rights against all those other insurers. 1. as if each named insured were the only ! named insured; and We will pay only our share of the amount of1the loss, if any, that exceeds the sum 2. separately to each insured against whom a of claim is made or "suit" is brought, F (a) the total amount that all such other subject to SECTION II - EXCLUSIONS, 4. Ili insurance would pay for the loss in the Cross Claims or Suits. absence of this insurance; and (b) the total of all deductible and self- M. State Trust Funds, Programs and Plans insured amounts under all that other I insurance. I When state funds, programs and plans are available to you for compensation resulting 2 Method of Sharing from an "pollution incident," you are obligated I I to make application and seek coverage for If all of the other insurance permits con- any claim, "suit" or government-mandated tribution by equal shares, we will follow "clean-up costs." this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance In the event any insured recovers from any or none of the loss remains, whichever government fund available to you or others comes first. for any claim, "suit" or government-mandated "clean-up costs" covered under this Policy, If any of the other insurance does not we shall be entitled to recover from the In- permit contribution by shares, we will sured the portion of recovery that is equal to contribute by limits. Under this method, the amount of such claim, "suit" or govern- elach insurer's share is based on the ratio ment-mandated "clean-up costs" paid by us in Of its applicable Limit,of Insurance to the excess of any deductible paid by the Insured. total applicable limits of insurance of all insurers. N. Transfer of Rights of Recovery Against Others To Us K. Representations and Warranties By accepting this Policy, you warrant and If the Insured has rights to recover all or part agree: of any payment we have made under this Policy, from other parties, included by not ' 1. the statements in the Application, Declare- limited to insurers, government funds, pro- tions and the Schedule of Insured Loca- grams or plans, those rights are transferred tions are accurate, true and complete; to us. The Insured must do nothing after loss to impair them. At our request, the Insured will 12. those statements are based on represen- bring "suit" or transfer those rights to us and tations you made to us; help us enforce them. i STF 90021 (Ed. 09/14) (Page 9 of 12) O. Tr. nsfer of Your Rights and Duties b. government-mandated "clean-u,p costs" that occurs before the end ofHthe policy Yo rights and duties under this Policy may period, but not before the Retroactive not be transferred without our written con- Date, if any, shown in the Declarations. se except in the case of death of an in- '1 divioual named insured. Once in effect, Extended Reporting) Periods may not be cancelled. I 11 If ou die, your rights and duties will be tra �ferred to your legal representative but 3. A Basic Extended Reporting Period is auto onl while acting within the scope of duties as matically provided without additional ,charge. If you legal representative. Until your legal re- we provide the Basic Extended Reporting Pe- pre entative is appointed, anyone having riod: prooler temporary custody of your property will a. A claim first made within six months to us, res fh�ave your rights and duties but only with after writing,in act to that property. the end of the policy pe- 11 riod, will be deemed to have been made P. Wh We Do Not Renew on the last day of the policy period, pro- vided that the claim is for damages be- cause of "bodily injury," "property dam- If w- decide not to renew this Policy, we will age," or government-mandated "clean-up mail or deliver, to the first Named Insured costs" as a result of a "pollutioml incident" sho n in the Declarations, written notice of that commenced before the end of the the onrenewal, not less than sixty (60) days policy period and subsequent tol'lthe Ret- befo a the expiration date. Such notice will be roactive Date shown in the Declarations. sent le mail. If notice is mailed, proof The "pollution incident" must be, from an of r ceipt will be sufficient proof of notice. "underground storage tank" at an', "insured site." 11 SECTIO IX - EXTENDED REPORTING PERIODS b. All loss of use which results from) physical 1. We ill provide one or more Extended Re- injury to, destruction of or contamination of tangible property shall be deemed to porti 1g Periods, as described below, if: occur at the time of the physical injury that caused it. 11 a. e cancel or non-renew this Policy for 11 a y reason except nonpayment of pre- c. All loss of use of tangible property that is ium; or not physically injured, destroyed I or con- taminated, but has been evacuated, with- b. w- renew or replace this Policy with other drawn from use or rendered inaccessible Pollution Liability insurance that: because of a "pollution incident" shall be deemed to occur at the time of the "pol- lutiono has a Retroactive Date later than the incident" that caused it. 1 i date shown in the Declarations of this Policy; or The Basic Extended Reporting does not apply to claims that are covered under any) subse- quent(2 provides claims-made coverage for insurance you purchase, or that would "bodilyv "property damage" be covered but for exhaustion of the] amount injury," or of insurance applicable to such claims. it government-mandated "clean-up 1 costs." The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance 11 2. Extended Reporting Periods do not extend the for "bodily injury," "property damage" 'or gov- policy period or change the scope of cov- ernment-mandated "clean-up costs" or the erage provided. They apply to claims for: Limit of Insurance - Defense and Claim Han- dling Expense. a. "bodily injury" or "property damage" that occurs before the end of the policy pe- 4. A Supplemental Extended Reporting Period of riool' but not before the Retroactive Date, a one year duration is available, but only by if .lny, shown in the Declarations; or endorsement and for an extra charge. This 11 STF 9002 (Ed. 0s/14) (Page 10 of 12) 1 Supplemental Extended Reporting Period 2. "Clean-up costs" means expenses for the starts when the Basic Extended Reporting Pe- removal or neutralization of "pollutants." riod, set forth in paragraph 3. above, ends. "Clean-up costs" does not include testing, monitoring and determining the source and You must give us a written request for the extent of contamination if there is no "pollu- Endorsement within 30 days, after the end of tion incident." the; policy period. The Supplemental Extended Re'porting Period will not go into effect unless 3. "Coverage territory" means the United States you pay the additional premium promptly of America (including its territories and pos- when due. sessions), Puerto Rico and Canada. We will determine the additional premium in accordance with our rules and rates. In doing 4. "Employee" includes a "leased worker." "Em- so, we, may take into account the following: ployee" does not include a "temporary work- er." a.' the exposures insured; I 5. "Environmental damage" means the injurious b:' previous types and amount of insurance; presence in or upon land, the atmosphere, or any watercourse or body of water of solid, v., Limits of Insurance available under this liquid, gaseous or thermal contaminants, ir- Policy for future payment of damages; ritants or "pollutants." and d. other related factors. 6. "Executive officer" means a person holding any of the officer positions created by your The additional premium will' not exceed 200% charter, constitution, bylaws or any other of the annual premium forrthis Policy, and will similar governing document. be fully earned when the Supplemental Ex- tended Reporting Period takes effect. 7. "Insured site" means the specific location(s) listed on the Schedule of Insured Sites. The Endorsement shall set forth the terms, not inconsistent with this' section, applicable 8. "Leased worker" means a person leased to to the Supplemental Extendedi Reporting Pe you by a labor leasing firm under an agree rind, including a provision .to the effect that the insurance afforded for claims first made, ment between you and the labor leasing firm, to perform duties related to the conduct of in writing to us, during such period is excess your business. "Leased worker" does' not in- over 'any other valid and!collectible insurance clude a "temporary worker." available under policies lin force after the • Supplemental Extended I Reporting Period starts. 9. "Loading or unloading" means the transfer of a product at an "insured site" while the 5. The jSupplemental Extended Reporting Period product is being removed from or dispensed Endorsement does not reinstate or increase to an "underground storage tank." the (Limits of Insurance, for "bodily injury," "property damage" or government-mandated 10. "Pollutants" means any solid, liquid, gaseous Clean-up costs or the Limit of Insurance-De- or thermal irritant or contaminant, including fense and Claim Handling Expense. smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials 6. I1f we fail to offer to reniew this Policy at the to be recycled, reconditioned or reclaimed. same rates or with the same form, that will not constitute cancellation or nonrenewal by 11. "Pollution incident" means the accidental us. emission, discharge, dispersal, release, seep- I i age or escape of "pollutants" into or upon SECTION X - DEFINITIONS i land, the atmosphere, or any watercourse or body of water, provided that such emission, 1. 'Bodily injury" means bodily injury, sickness, discharge, dispersal, release seepage, or es- disease, disability, mental anguish or shock cape is from an "underground storage tank" at sustained by a person, including death result- an "insured site" resulting in "environmental ling from any of these atiany time. damage." STF 9002' (Ed. 09/14) (Page 11 of 12) I I I I I All 1-uch emissions, discharges, dispersals, re- systems and applications software, hard or lea ,-s, seepages or escapes that: floppy disks, CD-ROMs, tapes, drives, cells, j data processing devices or any other media a. =re attributable directly or indirectly to the which are used with electronically. controlled iame event(s), circumstance(s), condition(s) equipment. •r cause(s); or 11 13. "Suit" means a civil proceeding ' in which b. -manate from any one "insured site" and damages because of "bodily injury" 'or "prop- -re the subject of a single program to 1 erty damage" which this insurance applies are heat, neutralize, contain and/or clean-up alleged. "Suit" includes: f 'pollutants" in order to comply with ap- I "licable legal requirements shall be treated a, an arbitration proceeding in which such s one "pollution incident," regardless of damages are claimed and to which the In- ') a time period or area over which they sured must submit or submit Ilwith our tccur. consent; or II II 12. "Pr. •erty damage" means: b. anyother alternative dispute p ,resolution proceeding in which such damages are a. • ysical injury to, destruction of or con- claimed and to which the Insured submits t mination of tangible property including with our consent. 11 . 1 resulting loss of use of that property; 14. "Temporary worker" means a person who is b. loss of use of tangible property that is not furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or slysically injured, destroyed or contami n-ted but has been evacuated, withdrawn short-term workload conditions. flom use or rendered inaccessible be- c.use of a "pollution incident." 15. "Underground storage tank" means l any one or combination of tanks, their associated pip- For tl e purposes of this insurance, electronic ing and dispensers as listed on the (Schedule data - not tangible property. of Insured Sites. I As u ed in this definition, electronic data 16. "Waste facility" means any site to which meant information, facts or programs stored waste from an "insured site" is or I may be as or •n, created or used on, or transmitted consigned for delivery or delivered tor stor- to o from, computer software, including age, disposal, processing or treatment. I I I 11 1 1 II I 11 it it II I I II STF 9002 (Ed. 03/14) (Page 12 of 12) 1 � I I � I � I •E111I11 9 OF " 301 G Atn :c Ohio 652 0R-ezoiGREA7fNERICAh:°e^'1.513 3 9 O00 STF 9026(Ed.09/14) I I i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT-LOSS REPORTING UNDER DUTIES IN THE EVENT OF A POLLUTION INCIDENT,CLAIM, ± I SUIT,OR GOVERNMENT MANDATE This endorsement modifies insurance provided under the following: POLLUTION LIABILITY COVERAGE FORM (DESIGNATED SITES) I I A:The following is added to SECTION VIII.CONDITIONS, E.Duties In The Event Of A Pollution Incident, Claim,Suit,or Government Mandate I i I Lois Reporting I I Report all "pollution incidents",claims,"suits"or government mandates to Great American Insurance Company immediately by, phone or by facsimile: I I I i I Mailing Address: Great American Insurance Company 3011 E.4th Street,Suite 20N P.O.Box 5425 Cincinnati,Ohio 45202 I I Phone: 513-579-6300(Claims Department) 800-336-3324(Toll-Free) I I Facsimile: 513-412-8435 I I I All other terms and conditions of the Policy apply. I I I � i I I I I i i i I I I I i I I I i I I I I I I Adreiniatrative Office. 301 E dth Street G, Cineionati,Ohio d5302-7001 AMERICAN.Tel:1-51J-050-5000 I I STF 93p3(Ed.09/14) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. UNDERGROUND STORAGE TANK REPAIR OR REPLACEMENT COSTS Thi endorsement modifies insurance provided under the following: PO LUTION LIABILITY INSURANCE POLICY(DESIGNATED SITES) I I Schedule LI TS OF INSURANCE DEDUCTIBLE Eac Claim Limit:$50000 Each Claim Deductible:$5000 Agg egate Policy Limit:$50000 it A. The following is added to SECTION I-POLLUTION LIABILITY COVERAGE: I I Insuring Agreement—Underground Storage Tank Repair or Replacement We will pay those sums that the insured incurs for reasonable and necessary costs to repair, recondition, rebuild or replace a covered "underground storage tank"at an"insured site". The need to repair,rebuild or replace an "underground storage tank" must arise out of a "pollution incident"to which this insurance applies. II B. `S` ECTION II—EXCLUSIONS, 17. Underground Storage Tanks—Recycling, Removal,Repair or Replacement `s deleted in its entirety and replaced with the following: 17. Underground Storage Tanks—Recycling, Removal,Repair or Replacement of Contents or Expense to pgrade, Maintain or Close The costs and expenses of removing,replacing or recycling the contents of an"underground storage ank". .Any costs,charges or expense to upgrade, maintain or close any"underground storage tank".I C. he following is added to SECTION IV—LIMITS OF INSURANCE—BODILY INJURY, PROPERTY DAMAGE ND GOVERNMENT-MANDATED CLEAN UP COSTS: he Limits of Insurance for"underground storage tank" repair or replacement costs are shown in the I g g P P II h :hedule of the Underground Storage Tank Repair or Replacement Cost endorsement. 301E e Offices 30r 301 E 4th tio Cincinnati,Ohio 40032.7301 GRFATAINERICA7V Tel;1-513-330 5000 i un.anv D. The following is added to SECTION VII—DEDUCTIBLES: I I The Deductible that applies to"underground storage tank" repair or replacement costs is shown in the schedule of the Underground Storage Tank Repair and Replacement Costs endorsement. I I All other terms and conditions of the Policy apply. I i I I I I I I ' I i I I I I 'I I I i ' I I i � I I I I I ! I I I it I 1 I I I I I I I I I I ' I I � i I i I i I I I ' I ! I I I I I � I I I I I I I I I I I I I I I I I I . I I I 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 it it I I I ilk I I •I G C 9012(Ed. 01/92)XS I I ' PRO-Managing General Agents, Inc. l I Administrative Offices 1600 West 7th Street I 301 E 4th Strout Fort Worth,TX 76102 Cincinnati,Ohio 46202.4201 Tel: 1-800-336-1338 GREAAmEtcAn►,Tel;I.513189.5000 MO UV i CERTIFICATE OF INSURANCE 1 STATE OF WASHINGTON Insured: City of Renton WA Policy No.: BTA 9988784-04 .i 1055 S Grady Way Effective Date: 1/1/2016 Renton,WA 98057 Expiration Date: 1/1/2017 Insurer: PRO-Managing General Agents, Inc. ' Great American E&S Insurance Co. ' 1600 West SeOnth 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)": I; No.of Site ID# Site Address 'i I Tanks I, 2 27542719 Renton,WA 98055 3555 NE 2nd St i 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)" d 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 1/1/2016. I 2. iI 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 1 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 i1 mechanism or combination of mechanisms as specified in 40 CFR 280.95-280.102. ji I 1 1 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 orany 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 II 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 II written notice is received by the Insured. 1 e. The insurance covers claims otherwise covered by the policy that are reported to the"Insurer" within 6 month's of the effective date of cancellation or nonrenewal of the policy except where i' 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,condition's, limits, including Limits of Liability and exclusions of the policy. I I(hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280't97(b)(2)and that the"Insurer" is eligible to provide insurance as an excess or surplus lines insurer in one or more , states. I Authorized Representative I i, Name: Robert A Ferguson Title: President GAl 9085(Ed.01/02)PRO Page 1 of 3 11 Ia PRO-Managing General Agents, Inc. Administrative Offices 1600 West 7th Street 301 E 4th Street Fort Worth,TX 76102 GREAT, Cincinnati,Ohio 45202.4201 ��CANI Tel 1.513-369.5000 Tel: 1-800-336-1338 ; pS� ffUM CERTIFICATE OF INSURANCE STATE OF WASHINGTON Insu =d: City of Renton WA Policy No.: BTA 9988784-04 1055 S Grady Way Effective Date: 1/1/2016 Renton,WA 98057 Expiration Date: 1/1/2017 Insu -r: PRO-Managing General Agents, Inc. Great American E&S Insurance Co. 1600 West Seventh Street, Fort Worth,TX 76102 Certifi g•tion: 1. Q reat American E&S Insurance Co.,the"Insurer",as identified above, hereby certifies that it has issued I'hbility insurance covering the following"underground storage tanks)": No.of Site ID# Site Address Tanks 1 64293294 Renton,WA 98055 4000 Maple Valley Hwy f• taking corrective action and compensating third parties for"bodily injury"and "property damage" c•�ased by"accidental releases" in accordance with and subject to the Limits of Liability,exclusions, c.l' ditions,and other terms of the policy arising from operating the"underground storage tank(s)" ntified above. T le Limits of Liability are$1000000"each occurrence" and$1000000"annual aggregate," exclusive of legal d 7fense costs,which are subject to a separate limit under the policy. The coverage is provided under BTA 9'88784.The effective date of said policy is 1/1/2016. 2. T e"Insurer"further certifies the following with respect to the insurance described in Paragraph1. 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 ito the forprovider of corrective action or a damaged any such payment made by the "Insurer".This provision does with the lnot apply withby respect to Insured 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 I 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 I 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 and nonpaymentn after pi of a minimium or mum of 10 dayesentation s after the na dof be such(written notive ce iups ceived by n written notice the Insured. expirationycopy e The insurance covers claims otherwise covered by the policy that are reported to the"Insurer"within I 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 ereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(2)and tiat the"Insurer"is eligible to provide insurance as an excess or surplus lines insurer in one or more states. Authorized Representative Name: Robert A Ferguson Titl=: President GA!9 085(Ed. 01/02)PRO Page 2 of 3 I I THIS PAGE LEFT INTENTIONALY BLANK. I I � I II i I' II GA!9085(Ed.01/02)PRO Page 3 of 3 .I I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - CANCELLATION AND NON-RENEWAL Thi4 endorsement modifies insurance provided under the following: This endorsement modifies insurance provided under the following: ST li RAGE TANK POLLUTION LIABILITY POLICY IX. ONDITIONS,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; b. 60 days before the effective date of cancellation if we cancel for any other reason 3. The time of surrender or the effective date of cancellation stated in the notice shall become the end of the "policy period". 4. If this Policy is issued to comply with any law or regulation which requires notice of cancellation to any 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 maybe less than pro rata. The cancellation will be effective even if we have not made or offered refund. Premium adjustment maybe 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. Nonrenewal We 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 agent or broker,at their last mailing addresses known to us. We will also mail to any mortgage holder,pledge or other person shown in this policy to have an interest in any loss which may occur under this policy,at their last mailing address known to us,written notice of nonrenewal. We will mail or deliver these notices at least 60 before the: 1. Expiration of the policy;or 2. 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. E0 2WA-0904 I i PRO-Managing General Agents, Inc. Administrative Offices 1600 West 7th Street i 301 E 4th Street Fort Worth,TX 76102 Cincinnati,Ohio 46202.4201 Tel: 1-800-336-1338 URFATAm RIca Tel:1.513189.5000 lam am CERTIFICATE OF INSURANCE STATE OF WASHINGTON Insured: City of Renton WA Policy No.: BTA 9988784-04 ' 1055 S Grady;Way Effective Date: 1/1/2016 Renton,WA 98057 Expiration Date: 1/1/2017 Insurer:I PRO-Managing General Agents, Inc. Great American E&S Insurance Co. 1600 West Seventh Street, Fort Worth,TX 76102 Certification: 1. HGre'at 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 I Site ID# Site Address Tanks 2 27542719 Renton,WA 98055 3555 NE 2nd St for takingcorrective action and compensating thirdparties for"bodilyinjury"and "propertydamage" P g 1 rY g 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)" I� 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 1/1/2016. 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 orcombination 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 imisrepresentation 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. Authorized Representative Name: Robert A Ferguson Title: President GAl 9085( d. 01/02)PRO Page 1 of 3 PRO-Managing General Agents, Inc. Administrative Offices 1600 West 7th Street 391 E dth Street Fort Worth,TX 76102 GREAT, I' Cincinnati,Ohio 45292.4201 Tel: 1-800-336-1338 FRICANo Tel I.513-369.5000 OS• tEGFAP CERTIFICATE OF INSURANCE STATE OF WASHINGTON Insured: City of Renton WA Policy No.: BTA 9988784-04 1055 S Grady Way Effective Date: 1/1/2016 Renton,WA 98057 Expiration Date: 1/1/2017 Insur-r: PRO-Managing General Agents, Inc. Great American E&S Insurance Co. 1600 West Seventh Street, Fort Worth,TX 76102 Certific:ton:1. c: eat American E&S Insurance Co.,the"Insurer",as identified above, hereby certifies that it has issued bility insurance covering the following"underground storage tank(s)": No.of Site ID# Site Address Tanks 1 64293294 Renton,WA 98055 4000 Maple Valley Hwy fo taking corrective action and compensating third parties for"bodily injury"and "property damage" ca sed by"accidental releases"in accordance with and subject to the Limits of Liability,exclusions, co��ditions,and other terms of the policy arising from operating the"underground storage tank(s)" id ntified above. T - Limits of Liability are$1000000"each occurrence" and$1000000"annual aggregate," exclusive of legal d_ ense costs,which are subject to a separate limit under the policy. The coverage is provided under BTA 9•:8784.The effective date of said policy is 1/1/2016. 2. T - "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 underithe 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"Insure I"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 -reby 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. Authorized Representative Name' Robert A Ferguson Titl President GALE 9d�'5(Ed. 01/02)PRO Page 2 of 3 I I THIS PAGE LEFT INTENTIONALY BLANK. 1 I I I I j I ii II i I �I I II it II 'I li i I it I ! bl "I GA1,9085(Ed.01/02)PRO Page 3 of 3 I , �I I I