Loading...
HomeMy WebLinkAboutM_COI Rhino_20211124_v1ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/23/2021 (425) 489-4500 (425) 485-8489 20508 PAMF CONSTRUCTION LLC DBA RINO CONSTRUCTION PO Box 667 Maple Valley, WA 98038 35289 25615 23850 A 1,000,000 X X 6045814479 8/1/2021 8/1/2022 100,000 Wa Stop Gap 5,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6045814482 8/1/2021 8/1/2022 4,000,000B X 6045814496 8/1/2021 8/1/2022 4,000,000 10,000 A 6045814479 8/1/2021 8/1/2022 1,000,000 1,000,000 1,000,000 C Builders Risk 600-4G415887-COF-21 8/1/2021 Ded: $1,000 / Limit:1,000,000 D Pollution PPK2310930 8/1/2021 8/1/2022 Ded.$10K $2 OCC/AGG 2,000,000 Re: BCE #21925, Sumpter Plat Pre-Con City of Renton is included as Additional Insured, coverage is Primary and Non-Contributory, and Waiver of Subrogation applies per the attached forms/endorsements. Per Project Aggregate applies to General Liability policy, per attached forms/endorsements. City of RentonATTN: Nathan Janders, Planning Division 1055 South Grady Way Renton, WA 98057 PAMFCON-01 MMALISCH Hub International Northwest LLC PO Box 3018 Bothell, WA 98041 now.info@hubinternational.com Valley Forge Insurance Company The Continental Insurance Company Charter Oak Fire Insurance Company Tokio Marine Specialty Insurance Company X 8/1/2022 X X X X X X X X X X 60458144798/1/2021PAMF Excavation, LLC DBA Rino Construction 60458144798/1/2021PAMF Excavation, LLC DBA Rino Construction 6045814479 8/1/2021 6045814479 60458144796045814479 8/1/2021 8/1/2021 PAMF Excavation, LLC DBA Rino Construction PAMF Excavation, LLC DBA Rino Construction 8/1/2021 6045814479 60458144796045814479 6045814479 8/1/2021 8/1/2021 PAMF Excavation, LLC DBA Rino Construction PAMF Excavation, LLC DBA Rino Construction 8/1/2021 8/1/2021 6045814479 60458144796045814479 6045814479 8/1/20218/1/2021 8/1/2021 8/1/2021 PAMF Excavation, LLC DBA Rino Construction PAMF Excavation, LLC DBA Rino Construction 6045814479 60458144796045814479 6045814479 8/1/2021 8/1/2021 8/1/2021 8/1/2021PAMF Excavation, LLC DBA Rino Construction PAMF Excavation, LLC DBA Rino Construction PAMF Excavation, LLC DBA Rino Construction PAMF Excavation, LLC DBA Rino Construction 6045814479 8/1/2021PAMF Excavation, LLC DBA Rino Construction 60458144828/1/2021AS PER WRITTEN CONTRACTPAMF Excavation, LLC DBA Rino Construction 60458144828/1/2021PAMF Excavation, LLC DBA Rino Construction 8/1/2021 6045814482PER WRITTEN CONTRACTPAMF Excavation, LLC DBA Rino Construction8/1/2021 CNA Paramount Excess and Umbrella Liability Policy PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY I. A. 1. 2. a. b. B. 1. 2. a. b. Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The “Insurer” refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. COVERAGES Coverage A - Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies: if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and if the applicable underlying insurance is on a claims made basis, then only if: that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and the claim is first made during the policy period. Coverage B - Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: the bodily injury or property damage occurs during the policy period; the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 1 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 12 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy c. d. i. (a) (b) (1) (2) (c) ii. (a) (b) 1. a. b. c. 2. C. 1 the personal and advertising injury is caused by an offense arising out of the Named Insured’s business; and the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; Provided, however, that Coverage B - Umbrella Liability: does not apply to: any part of damages to which underlying insurance applies; or any part of damages to which underlying insurance would have applied regardless of: the availability of underlying insurance; or the exhaustion of the applicable underlying limits; any defense costs related to damages as described in a. and b. above. applies only if prior to the effective date of the policy period, no authorized insured: knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period; or knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. 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 authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: that such bodily injury or property damage occurred, at the earliest time when such authorized insured: reports the bodily injury or property damage to the Insurer or any other insurer; receives a claim arising out of the bodily injury or property damage; or becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination, then on the first date of the activity giving rise to a claim. Coverage C - Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 2 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 13 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 2. 3. D. 1. 2. 3. 4. 5. II. A. 1. 2. B. C. 1 2. D such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable; and, such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. Coverage D – Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured’s permanent loss of the services of a key employee provided that: the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee; such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable; such loss of service is caused by a covered accident; the covered accident occurs during the policy period; and a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. DEFENSE COSTS PAYMENT AND RELATED DUTIES The Insurer has the right and duty to defend any suit, and the right to assume control of the investigation and settlement of any claim, against the Insured, as follows: with respect to the Coverage A - Excess Follow Form Liability, upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. with respect to the Coverage B - Umbrella Liability, upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so, the Insured will undertake such defense and investigation, and the Insurer will reimburse the Insured for the defense costs. The Insurer’s obligation to defend any suit, investigate any claim, or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further, any obligation to defend any suit, investigate any claim, or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. The Insurer may, at the Insurer’s sole discretion and at the Insurer’s own cost, elect to participate in the investigation, settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. The Insurer will pay defense costs as follows: with respect to the Coverage A - Excess Follow Form Liability, defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. with respect to the Coverage B - Umbrella Liability, defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. Where the Insurer investigates a claim or defends a suit, the Insurer will do so even if the allegations of a claim are groundless, false, or fraudulent. If Insurer investigates a claim or defends a suit, Insurer will Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 3 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 14 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 1. 2. 3. E. III. A. 1. a. b. 2. a. b. i. ii. 3. a. b. do so only until the Insurer: makes payment of; or offers to pay; or deposits in court that part of a judgment up to but not exceeding the Insurer’s applicable limits of insurance. No Insured shall admit liability, consent to any judgment, agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer’s prior written consent, such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer’s exposure for damages or defense costs under this Policy. EXCLUSIONS Coverage A - Excess Follow Form Liability and Coverage B - Umbrella Liability Exclusions With respect to both the Coverage A- Excess Follow Form Liability and Coverage B -Umbrella Liability, this Insurance does not apply to: Access to or Disclosure of Confidential or Personal Information and Data-Related Liability any actual or alleged damages arising out of: any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. Asbestos any actual or alleged liability arising out of the actual, alleged or threatened exposure at any time to asbestos; or any actual or alleged loss, cost or expense that may be awarded or incurred: by reason of a claim for any such injury or damage; or in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured, arising out of: a defect, deficiency, inadequacy or dangerous condition in your product or your work; or a delay or failure by the Named Insured or anyone acting on the Named Insured’s behalf to perform a contract or agreement in accordance with its terms. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 4 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 15 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 4. 5. a. i. ii. iii. iv. b. 6. a. i. ii. iii b a. b. c. 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. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire, while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged: violation of: the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; the CAN-SPAM Act of 2003, including any amendment of or addition to such law; the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or any statute, ordinance, regulation or law other than the TCPA, CAN-SPAM Act of 2003, or FCRA, including FACTA, and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information; or conversion or consumption of another’s tangible property or electronic assets. For the purpose of this provision, electronic assets include but are not limited to minute allowances, text message allowances, and other electronic consumables. Employment Related Practices any actual or alleged bodily injury or personal and advertising injury to: a person arising out of any actual or alleged: refusal to employ that person; termination of that person’s employment; employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or the spouse, child, parent, brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment-related practices described in paragraphs a. i., ii., or iii. above is directed. This exclusion applies: whether the injury-causing event described in paragraphs a. i., ii., or iii. above occurs before employment, during employment or after employment of that person; whether the Insured may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 5 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 16 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 7. 8. a. b. i. ii. c. i. (a) (b) ii. iii d. (a) (b) (c) (d) such liability is covered by underlying insurance. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. Nuclear Energy Liability any actual or alleged bodily injury, property damage or personal and advertising injury: with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; resulting from the hazardous properties of nuclear material and with respect to which: any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or the Insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or resulting from hazardous properties of nuclear material, if: the nuclear material: is at any nuclear facility owned by, or operated by or on behalf of, an Insured or has been discharged or dispersed therefrom; the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or the bodily injury, property damage or personal and advertising injury arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion applies only to property damage to such nuclear facility and any property thereat. Under any Medical Payments coverage, to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion: property damage includes all forms of radioactive contamination of property; hazardous properties includes but is not limited to radioactive, toxic or explosive properties; source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 6 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 17 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 9. 10. a. b. c. i. ii. iii. iv. v. 11. 12. a. b. c. 13. a. b. B. 1. Recall of Products, Work or Impaired Property any actual or alleged loss, cost or expense incurred by the Named Insured or any person or entity, for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product, your work or impaired property, if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Unfair Competition/Antitrust Claims/RICO Claims any actual or alleged liability arising out of any: unfair competition, dilution, deceptive trade practices, or civil actions for consumer fraud; charges of price fixing, monopolization or restraint of trade; or any violation of: the Federal Trade Commission Act; the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade; the Racketeer Influenced and Corrupt Organizations Act; any rules or regulations promulgated under or in connection with the above statutes; or any state, federal or local statute or other law which similarly regulates business practices. Uninsured/Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured/underinsured motorist law, a personal injury protection law, a reparations benefit law or other similar law. War any actual or alleged liability arising, directly or indirectly out of any: war, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Workers’ Compensation and Similar Laws /Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured: under a workers’ compensation, disability benefits or unemployment compensation law or any similar law. by reason of a statement of non-subscription on file with any applicable Worker’s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. Coverage A - Excess Follow Form Liability Exclusions With respect to Coverage A - Excess Follow Form Liability, this Insurance does not apply to: Coverages Subject to a Sub Limit any actual or alleged liability, loss, cost or expense covered under any underlying insurance which is Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 7 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 18 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 2. 3. a. i. (a) (b) ii. iii. iv. (a) (1) (2) (b) v. (a) (b) subject to a sub limit. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. Pollution any actual or alleged bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: at or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured except that this subparagraph does not apply to: bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; or bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests; at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible; or at or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations: If the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; except that this subparagraph does not apply to bodily injury or property damage arising out of: the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such Insured, contractor or subcontractor; or heat, smoke or fumes from a hostile fire; or If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; that are, or that are contained in property that is: being transported or towed by, or handled for movement into, onto or from a covered auto; otherwise in the course of transit; or Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 8 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 19 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy (c) vi. vii. b. c. i. ii. C. 1. a. b. i. ii. (a) (b) being stored, disposed of, treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels, lubricants, fluids, exhaust, gases or other similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto and the discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage. any actual or alleged personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. any actual or alleged loss, cost or expense arising out of any: request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or claim by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. However, if liability for damages because of property damage is not excluded by paragraph a. of this exclusion, then neither will paragraph c. above serve to exclude such damages. Coverage B - Umbrella Liability Exclusions With respect to the Coverage B - Umbrella Liability, this Insurance does not apply to: Aircraft, Auto, Watercraft or Mobile Equipment any actual or alleged bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any: aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew; or autos, watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. This exclusion does not apply to: watercraft while ashore on premises the Named Insured owns or rents; watercraft the Named Insured does not own that is: less than 55 feet long; and not being used to carry persons or property for a charge; or Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 9 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 20 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy iii. 2. 3. a. b. c. d. e. f. 4. 5. 6. a. b. liability assumed under any insured contract for the ownership, maintenance or use of watercraft. Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. Damage to Property any actual or alleged property damage to: property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by the Named Insured, 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; premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; property loaned to the Named Insured; personal property in the care, custody or control of the Insured; that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations, if the property damage arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by the Named Insured. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products-completed operations hazard. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. Damage to Your work any actual or alleged 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 the Named Insured’s behalf by a subcontractor. Employee Injury any actual or alleged bodily injury or personal and advertising injury to: an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured’s business; or the spouse, child, parent, brother or sister of that employee as a consequence of a. above. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 10 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 21 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy i. ii. 7. a. b. 8. a. b. c. 9. a. b. c. i. This exclusion applies: whether an Insured may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: intended by an Insured; or that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Other Organic Pathogens any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; any actual or alleged loss, cost or expense arising out of or relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating,or disposing of, or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else; or any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of: causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured’s premises, for consumption on the Insured’s premises; the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies 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; or Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 11 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 22 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy ii. 10. 11. a. b. c. d. e. i. ii. iii. f. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a., b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury: Breach of Contract arising out of breach of contract, except an implied contract to use another's advertising idea in the Named Insured’s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts, owns, or over which the Insured exercises control. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in the Named Insured’s advertisement. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in the Named Insured’s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is: advertising, broadcasting, publishing or telecasting; designing or determining content or web-sites for others; or an Internet search, access, content or service provider. However, this exclusion does not apply to paragraph A., B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for the Named Insured or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense, act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense, act or omission would cause such personal and advertising injury. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 12 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 23 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy g. h. i. j. k. 12. a b. i. ii. 13. a. b. c. i. ii. 14. Material Published Prior To Policy Period arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. Material Published with Knowledge of Falsity arising out of written publication in any manner of material, if the Insured knew or should have known the material was false. Quality or Performance of Goods – Failure to Conform to Statements arising out of any failure of goods, products or services to conform to any statement of quality or performance made in the Named Insured’s advertisement. Unauthorized Use of Another's Name or Product arising out of unauthorized use of another's name or product in the Named Insured’s e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. Wrong Description of Prices arising out of the wrong description of the price of goods, products or services stated in the Named Insured’s advertisement. Pollution any actual or alleged bodily injury, property damage or personal and advertising injury arisingout of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. any actual or alleged loss, cost or expense arising out of any: request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or claim by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of pollutants. Silica any actual or alleged bodily injury arising, in whole or in part, out of the actual, alleged or threatened respiration or ingestion at any time of silica; or any actual or alleged property damage arising in whole or in part out of the actual, alleged or threatened presence of silica. any actual or alleged personal and advertising injury arising, in whole or in part, out of the actual, alleged or threatened: exposure at any time to; or presence at any time of; silica. Terrorism any actual or alleged bodily Injury, property damage or personal and advertising injury arising out of any act of terrorism. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 13 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 24 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy D. 1. a. b. c. d. e. f. g. h. 2. a. i. ii. b. IV. A. B. 1. a. b. Coverage D - Key Employee Exclusions With respect to Coverage D – Key Employee, this insurance does not apply to any actual or alleged: Death or Disability death or permanent disability of a key employee relating to, or arising out of: nuclear reaction or radiation or radioactive contamination, however caused; sickness or disease, including mental illness or mental injury; pregnancy, childbirth, miscarriage or abortion; suicide, attempted suicide or self inflicted bodily injury, while sane or insane; the key employee’s intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; war, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: find a permanent replacement for the key employee; and reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured’s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured’s loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured’s loss of the services of the replacement employee is caused by a covered accident. WHO IS AN INSURED The following persons or organizations are Insureds. With respect to Coverage A - Excess Follow Form Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance. With respect to the Coverage B - Umbrella Liability: If the Named Insured is designated in the Declarations of this Policy as: an individual, the Named Insured and the Named Insured’s spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture, the Named Insured is an Insured. The Named Insured’s members, the Named Insured’s partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured’s business. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 14 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 25 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy c. d. e. 2. a. b. i. (a) (b) (c) (d) ii. (a) (b) C. V. A. a limited liability company, the Named Insured is an Insured. The Named Insured’s members are also Insureds, but only with respect to the conduct of the Named Insured’s business. The Named Insured’s managers are Insureds, but only with respect to their duties as the Named Insured’s managers. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured’s executive officers and directors are Insureds, but only with respect to their duties as the Named Insured’s officers or directors. The Named Insured’s stockholders are also Insureds, but only with respect to their liability as stockholders. a trust, the Named Insured is an Insured. The Named Insured’s trustees are also Insureds, but only with respect to their duties as trustees. Each of the following are also Insureds: The Named Insured’s volunteer workers but only while performing duties related to the conduct of the Named Insured’s business. The Named Insured’s employees, other than either the Named Insured’s executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured’s managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business. However, none of these employees or volunteer workers are Insureds for: bodily injury or personal and advertising injury: to the Named Insured, to the Named Insured’s partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured’s members (if the Named Insured is 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 the Named Insured’s business, or to the Named Insured’s other volunteer workers while performing duties related to the conduct of the Named Insured’s business; to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. (a) or (b) above; or arising out of his or her providing or failing to provide professional health care services. property damage to property: owned, occupied or used by; rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured’s employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). With respect to the Coverage C - Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured. LIMITS OF INSURANCE Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 15 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 26 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 1. 2. 3. 4. B. 1. 2. C. D. E. F. G. Insurer will pay regardless of the number of: Insureds; claims made or brought against the Insured; persons or organizations making claims or bringing claims; and coverages under this Policy. Aggregate Limit Subject to the paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for: damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated; and damages covered under the products-completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period, regardless of length. In addition, with respect to Coverage A – Excess Follow Form Liability only, the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. Aggregate Products-Completed Operations Hazard Subject to paragraph D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate Products-Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products-completed operations hazard, regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit, Aggregate limit and Aggregate products-completed operations hazard limit, the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy, regardless of which coverage applies. Crisis Management Solely with respect to Coverage C – Crisis Management Expenses, the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit, regardless of the number crisis management events for which crisis management expenses are incurred. Crisis management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. Key Employee Replacement Expenses Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 16 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 27 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy H. I. 1. 2. VI. A. 1. 2. 3. 4. B. Solely with respect to Coverage D – Key Employee, the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy, regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A - Excess Follow Form Liability, if the applicable underlying limits are: reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) Coverage A will apply in excess of the remaining amount of such applicable underlying limit; or exhausted, solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) then Coverage A will apply, subject to this Policy’s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub-limit (whether or not such sub-limit erodes the limits generally available to all claims), then the underlying limits shall not be deemed depleted by payment of any such sub-limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. CONDITIONS Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer’s expense. The Insurer’s limits of insurance shall not be increased because of such appeal. However, the Insurer will pay the following costs and expenses: all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy; all premiums on appeal bonds required in such defended claims, but without obligation to apply for or furnish such bonds; court fees; and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits, the Named Insured shall demand that such limits be paid. If the appeal is successful, such amounts not obligated to be paid shall be returned to such underlying insurer. Cancellation and Nonrenewal Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 17 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 28 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy C. D. E. 1. 2. 3. a. b. c. d. F. G. H. 1. The Cancellation/Nonrenewal provisions are as set forth in the Cancellation/Nonrenewal Endorsement attached to this Policy. Changes to the Policy Notice to any of the Insurer’s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy, nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. None of the provisions of this Policy will be waived, changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment, misrepresentation or fraud was material. Concealment, misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured, on behalf of all others, will be: authorized to make changes in the terms of this Policy with the consent of the Insurer; the payee of any premiums the Insurer refunds; responsible for: remitting the payment of all premiums due, but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand; keeping records of the information the Insurer requires for premium computation, and sending copies of such records at such times as requested by the Insurer; notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy; and providing any notice required under this Policy. Economic and Trade Sanctions This Policy does not provide coverage for an Insured, transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. Entire Contract By acceptance of this Policy, the Insureds agree that this Policy, including all endorsements to this Policy, constitute the entire contract existing between the parties relating to this insurance. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this Policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such provided however that this sentence does not apply to the spouse of: a sole proprietorship Named Insured; or Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 18 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 29 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy 2. J. K. L. 1. 2. 3. 4. 1. 2. 3. M. 1. 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured’s Books and Records The Insurer may examine and audit the Named Insured’s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. Financial Impairment Bankruptcy, rehabilitation, receivership, liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer’s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer, the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits, or assume the obligations of the Named Insured or the financially impaired insurer. Headings The description in the headings and subheadings of this Policy is solely for convenience, and forms no part of the terms and conditions of coverage. Inspections and Surveys The Insurer has the right but is not obligated to: make inspections and surveys at any time; give the Named Insured reports on the conditions it finds; recommend changes; or conduct loss control and prevention activity. Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: make safety inspections; undertake to perform the duty of any organization to provide for the health or safety of workers or the public; nor warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. This provision applies not only to the Insurer, but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, recommendations, reports, or gives loss control or prevention advice, on its behalf. Legal Action Limitation No person or organization has a right under this Policy: to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured; or to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured; but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An “agreed settlement” means a settlement and release of liability signed by the Insurer, the Insured and the claimant or the claimant's legal representative. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 19 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 30 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy N. O. 1. 2. a. i. ii. iii. b. i. ii. iii. (a) (b) (c) (d) (e) c. i. ii. iii. iv. Maintenance of Underlying Insurance Solely with respect to Coverage A - Excess Follow Form Liability, while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance, provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance, this condition shall not invalidate this Policy. However, in the event of such failure, the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. Notice of Claims/Crisis Management Event/Covered Accident Solely with respect to Coverage A - Excess Follow Form Liability, if any underlying insurance is a policy issued by the Insurer or any of its affiliates, then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that: subject to paragraph b. below, the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible, notice should include: how, when and where the incident took place; the names and addresses of any injured persons and witnesses; and the nature and location of any injury or damage arising out of the incident. the Insured notify the Insurer as soon as practicable of an incident if it involves: a demand against the Insured which exceeds 50% of any remaining applicable underlying limit; any underlying insurance reserve or monetary exposure exceeding $500,000; or any of the following: brain damage, including but not limited to any neurological impairment of infants or adults and coma; spinal cord injury, including but not limited to paraplegia or quadriplegia; loss of any organ; severe disfigurement, including but not limited to burns and amputations; or death. if a claim is made against any Insured, the Named Insured: will immediately record the specifics of the claim and the date received and notify the Insurer of such claim; will immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; will authorize the Insurer to obtain records and other information; will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; will assist the Insurer, upon its request, in the enforcement of any right against any person Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 20 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 31 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy v. vi. 3. P. Q. a. b. c. R. S. T. 1. 2. U. or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer’s prior consent. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B – Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer’s approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A – Excess Follow Form Liability only, if: the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; Underlying Insurance includes that person or entity as an additional insured; and Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. Premium All premium charges under this Policy will be computed according to the Insurer’s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: as if each Named Insured were the only Named Insured; and separately to each Insured against whom a claim is made. Transfer of Interest Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 21 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 32 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy V. W. 1. 2. VII. A. B. A. B. A. Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. Unintentional Omission Based on Insurer’s reliance on the Named Insured’s representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: is in effect or becomes effective during the policy period; and was executed prior to loss. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured’s goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: notices that are published include material placed on the Internet or on similar electronic means of communication; and regarding web-sites, only that part of a web-site that is about the Named Insured’s goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer’s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured’s risk management or in-house general counsel’s office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: suit; or Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 22 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 33 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy B. A. B. C. 1. 2. 3. A. 1. 2. 3. B. 1. 2. A. B. C. D. A. B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means: the United States of America (including its territories and possessions), Puerto Rico and Canada; international waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above; or all other parts of the world if the injury or damage arises out of: goods or products made or sold by the Named Insured in the territory described in paragraph A. above; the activities of a natural person whose home is in the territory described in paragraph A. above, but is away for a short time on the Named Insured’s business; or an offense that take place through the Internet or similar electronic means of communication, provided that the Insured’s responsibility to pay damages is determined in a suit on the merits, in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event, which solely and independently of any other cause results in the key employee’s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for: bodily injury, property damage or any of the following personal and advertising injury offenses: false arrest, detention or imprisonment; malicious prosecution or abuse of process; or wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; and damages to which this insurance applies, that are in excess of any applicable: underlying limits; or retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following: salary, wages, or benefits of the Named Insured or the Named Insured’s employees; loss of business income; costs to acquire, repair or replace real or personal property; or expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: to hire a crisis management firm; to set up call centers or similar inquiry management system to manage inquiries from, or to directly contact, individuals or entities that may be directly impacted by such crisis management event; to create and deliver notification letters to contact individuals or entities that may be directly impacted Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 23 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 34 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy C. D. A. B. C. D. A. B. 1. 2. 3. 4. A B. by the crisis management event; or other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: to pay medical expenses, funeral expenses, psychological counseling expenses, travel expenses, and temporary living expenses of a third party who incurs bodily injury, or a family member of such third party, by reason of such crisis management event; for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm; to secure the scene of a crisis management event; and other related miscellaneous expenses. Crisis management firm means a public relations firm, law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay, either through: final adjudication of a claim; or through compromise or settlement of a claim with the Insurer’s written consent or direction, because of covered incidents. In addition, damages includes the above-mentioned sums only after deducting all other recoveries and salvages. However, damages does not include: civil or criminal fines, sanctions, penalties or forfeitures, whether pursuant to law, statute, regulation or court rule; injunctive or declaratory relief; any amount that is not insurable under any applicable law; or plaintiff’s attorney fees associated with any of the above. Notwithstanding paragraph 3. above, damages shall include (subject always to this Policy’s other terms, conditions and limitations) punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean: reasonable and necessary fees, costs, and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim, and includes premium for appeal bonds arising out of a covered judgment, attachment bonds or similar bonds, but only for bond amounts up to the applicable limit of insurance. In addition, the Insurer will pay up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance, the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment, but before the Insurer has paid or offered to pay, or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 24 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 35 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy C. D. E. A. B. C. D. E. A. B. A. B. 1. 2. the Insurer pays in relation to the total amount of the judgment. all reasonable expenses incurred by a natural person Insured at the Insurer’s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured’s actual loss of earnings up to $750 per day, because of time off from work. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured’s charter, constitution, bylaws or any other similar governing document: director, officer, trustee or governor of a corporation; management committee member of a joint venture; partner of a partnership; manager of a limited liability company; and trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property, other than your product or your work that cannot be used or is less useful because: it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or the Named Insured has failed to fulfill the terms of a contract or agreement, if such property can be restored to use by the repair, replacement, adjustment or removal of your product or your work; or the Named Insured’s fulfilling the terms of the contract or agreement. Incident means: with respect to Coverage A - Excess Follow Form Liability, a covered event as defined in applicable underlying insurance; solely with respect to Coverage B - Umbrella Liability: with respect to bodily injury and property damage, incident means an occurrence; or with respect to personal and advertising injury, incident means an offense that gives rise to such personal and advertising injury. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 25 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 36 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy A. B. C. D. E. F. 1. 2. a b 3 4. A. B. C. D. E. F. Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means: a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the NamedInsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract; a sidetrack agreement; an easement or license agreement; except in connection with construction or demolition operations on or within 50 feet of a railroad; an obligation, as required by ordinance, to indemnify a municipality except in connection with work for a municipality; an elevator maintenance agreement; or the part of any other contract or agreement pertaining to its business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization, provided the bodily injury or property damage is caused, in whole or in part, by the Named Insured or by those acting on its behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured’s assumption of the tort liability is permitted by law. “Tort liability” means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a 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 bodily injury or property damage arising out of: preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or giving directions or instructions, or failing to give them, if that is the primary cause of the bodily injury or property damage; under which an Insured, if an architect, engineer or surveyor, assumes liability for bodily injury or property damage arising out of such Insured’s rendering or failure to render professional services, including those listed in paragraph 2. above and supervisory, inspection, architectural or engineering activities; or that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions: Chief Executive Officer; Chief Operating Officer; Chief Financial Officer; Corporate Secretary; Treasurer; Executive Vice President; and Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 26 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 37 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy G. A. B. 1. 2. 3. C. D. E. 1. 2. 3. F. 1. 2. 3. a. b. c. d. e. f. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured: to continue the performance of the key employee's normal job responsibilities, with comparable quality, while a permanent replacement for the key employee is being sought, appointed or hired, and trained. to find a qualified permanent replacement to fill the key employee’s position: costs of advertising the employment position opening; travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses, but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee: to hire a crisis management firm. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident; or other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee's: annual base starting salary; employee perquisite costs; and employee benefit costs; in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However, the Insurer will not pay more for these expenses than 10% of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following: any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee; any key employee replacement expenses that are paid for by any other insurance; except as provided in paragraph F. above, salary, wages, or benefits of the Named Insured, the Named Insured’s employees, the Named Insured’s temporary workers or volunteer workers; costs to acquire, repair or replace real or personal property; the Named Insured’s loss of business income; expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured; and Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 27 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 38 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy g. A. B. C. A. B. C. D. 1. 2. E. 1. 2. F. 1. a. b. c. 2. 3. expenses incurred by or on behalf of the Named Insured due to bodily injury, property damage, or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm, to perform duties related to the conduct of the Named Insured’s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property: after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto; while it is in or on an aircraft, watercraft or auto; or while it is being moved from an aircraft, watercraft or auto to the place where it is finally delivered. However, loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or auto. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; vehicles maintained for use solely on or next to premises the Named Insured owns or rents; vehicles that travel on crawler treads; vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: power cranes, shovels, loaders, diggers or drills; or road construction or resurfacing equipment such as graders, scrapers or rollers; 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: air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or cherry pickers and similar devices used to raise or lower workers; and 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 following types of permanently attached equipment are not mobile equipment but will be considered autos: equipment designed primarily for: snow removal; road maintenance, but not construction or resurfacing; or street cleaning; cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 28 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 39 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy A. B. 1. 2. 3. C. 1. 2. D. A B. A. B. C. considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means: any nuclear reactor; any equipment or device designed or used for: separating the isotopes of uranium or plutonium; processing or utilizing spent fuel; or handling, processing or packaging nuclear waste; any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than: 25 grams of plutonium or uranium 233 or any combination thereof; or 250 grams of uranium 235; and any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear material means source material, special nuclear material, or by-product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material: containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material (as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof) content; and resulting from the operation by any person or organization, of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any: valid and collectible policy of insurance; self insurance; or indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi, including but not limited to bacteria, microbes and viruses (whether or not a microorganism), that cause infection and disease. Other organic pathogens includes any spores, mycotoxins, odors, variants, mutations, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of such Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 29 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 40 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy A. B. C. D. E. F. G. A. B. 1. 2. 3. A. B. pathogens, and any colony or group of the foregoing. However, other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability, or mental inability due to a permanent physical inability, of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: false arrest, detention or imprisonment; malicious prosecution or abuse of process; wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; oral or written publication, in any manner, of material that violates a person’s right of privacy; the use of another’s advertising idea in the Named Insured’s advertisement; or infringing upon another’s copyright, trade dress or slogan in the Named Insured’s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration, termination or cancellation date of this Policy. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. Products-completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except: products that are still in the Named Insured’s physical possession; or work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: when all of the work called for in the Named Insured’s contract has been completed; when all of the work to be done at the job site has been completed if the Named Insured’s contract calls for work at more than one job site; or when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. However, products-completed operations hazard does not include bodily injury or property damage arising out of: the transportation of property, unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured, and that condition was created by the loading or unloading of that vehicle by any Insured; the existence of tools, uninstalled equipment or abandoned or unused materials; or Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 30 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 41 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy C. A. B. A. B. A. 1. a. b. c. 2. products or operations for which the underlying insurer states that products-completed operations are subject to the General Aggregate Limit. Property damage means: 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 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 incident that caused it. However, electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance, whichever is greater. Silica means the chemical compound silicon dioxide (SiO2) in any form, including dust which contains silicon dioxide. Spouse means any husband, wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal, state or local laws or under the Named Insured’s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged, including: an arbitration proceeding alleging such damages; or any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer’s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means: means: any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: the Named Insured; others trading under the Named Insured’s name; or a person or organization whose business or assets the Named Insured has acquired; and containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 31 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 42 of 52 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy Chairman of the Board Secretary B. 1. 2. C. A. 1. 2. B. 1. 2. includes: warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and The providing of or failure to provide warnings or instructions. does not include vending machines or other property rented to or located for the use of others but not sold. Your work: means: work or operations performed by the Named Insured or on its behalf; and materials, parts or equipment furnished in connection with such work or operations. Includes: warranties or representations made with respect to the fitness, quality, durability, performance or use of your work, and the providing of or failure to provide warnings or instructions. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by the Insurer’s Chairman and Secretary, but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer’s duly authorized representative if required. Form No:Policy No: Policy Effective Date: Underwriting Company: CUE 6045814496 Policy Page: 32 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) 08/01/2021 Policy Page: 43 of 52 © Copyright CNA All Rights Reserved.