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TOURISM PROMOTION SERVICES AGREEMENT Kitsap Harbor Festival The City of Bremerton ("City") and Kitsap Entrepreneurial Center ("Organization"), referred to collectively as the"Parties,"enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s)promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II. Term: This agreement shall commence on January 1, 2019 and shall continue in full force and effect until December 31, 2019 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. Payment will be released when the following has been fulfilled: a. The Organization shall submit monthly billing invoices, by the 15th of the month, detailing how activities and services will specifically promote tourism in the City of Bremerton including measurable results. b. The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, and a signed W-9. Upon receipt of a conforming billing invoice,the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. a. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 10th,2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization shall not perform work beyond the Scope of Work,nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Bremerton/KEC Page 1 of 4 IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance,Business&Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161, or by certified Tail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 400, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/KEC Page 2 of 4 The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Organization Address City Clerk Holly James 345 6`" Street, Suite 100 1425 Marlow Avenue Bremerton, WA 98337 Bremerton WA 98310 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Bremerton/KEC Page 3 of 4 I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON Click here t« enter text. Wi1/4#4 ,Vitaten ahymed....) By: reg Wheeler By: Holly a its: Mayor its: CEO Date: 2.I2.2-124311 Date: 02-1/9 /f Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/KEC Page 4 of 4 EXHIBIT A Scope of Services A. Advertise collaboratively with other entities for multi-layer marketing(nationally, state, regionally, and locally). B. Event planners. C. Bring in top notch entertainment. D. Support historic ships, expand children's zone, and premium festival draws. E. Heavy emphasis on boosting electronic media such as festival sites, social media sites, google and Facebook social media paid advertising. F. Print and distributeosters and brochures on Washington State Ferries. p g G. Paid advertising in regional magazines,billboards, and local Kitsap County papers. H. Continue to champion events in Washington promoting the City of Bremerton I. Event date May 25th & 26th 2019 Page 1 1 1 Kitsap Entrepreneurial Center EXHIBIT B Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, and current W-9 have been received. 2) Monthly Fund Request form with support has been received,by the 15th of the month supporting services as outlined in Exhibit A. a) Follow the services outlined in your scope of work, include the funding reimbursement request form (Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1,2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement. Page 116 Bremerton/KEC EXHIBIT B Exhibit B B FINANCE Ace011Ws Pa) 6Ji'J.a.irsotism 7E1 36.'Hd'3i313 JCS b.C4,r..Cl ln1w41.wLa h�3SO-4 3y0C ILE Ern St Sute ECC EremMa+VOA 993r AUTHORIZATION AGREEMENT FOR ACH I hereby authorize the City of Bremerton to remit my fee via direct deposr, to rry checking or savings account in the financial institution named below. This authorization shall continue in effect until a written notice of cancellation is received by Financial Services I understand that it is my responsibility to notify the City of Bremerton if I change banks or change account numbers. Business Name Bank Name Account Number Bank Routing Number ❑Checking ❑Savings Sig nature Date E-mail Address for Notification City of Bremerton Vendor Number Please return the completed form to: City of Bremerton Accounts Payable 345 Q, Street Suite 100 Bremerton-WA 98337-1873 Page 216 Bremerton/KEC EXHIBIT B CITY OF BREMERTON LODING TAX FUND REIMBURSEMENT REQUEST FORM Date Contract Nol I Total Award Amount O•gan.:at on Name Mailing address Contact Name: Phone: emai-: Date of Service Event/Program Title Please I s vote eepersses below atnn copes o'match rrg reveres It more space Is needed please use page 2 Total Request: Tourism Funding Recipient Name Iprintedj. Tourism Funding Recipient Signature: Date: 'I certty srdN renaty d pertur,the int01-itlor contalred Ir this request for re•nbjrsemert is Me anti covert.I am aJt's rNed to cell."and submit this request,and am requesting Itmbursemert of money actual y speed for rt prows or evevr.as descnbea Ir the appllcat on and cart ruts*Rn rx crry of Venne'tur Pease return torn along with copies of supporting invoices and receipts to: Crty of Brenxrtor Contracts Adrn mistrator 346 6th Street.STL 100 8.ernerton.INA 98337 1873 fo^n 8.3 2019 Page 1 Page 316 Bremerton/KEC EXHIBIT B CITY OF BREMERTON LODING TAX FUND REIMBURSEMENT REQUEST FORM DatelI CITY Cf E.RE/.nEtT 04 Contract No. Organization Name Please list your expenses below-attach copies of matt-ng•ece.pts. Farm 93 2019 Page 2 Page 416 Bremerton/KEC EXHIBIT B CITY OF BREMERTON LODGING TAX WORKSHEET The City of Bremerton is required by RCW 67.28.1816 to report the use of lodging tax funds each year. Your organization received lodging tax funds for 2018.Please complete this form and return to the City no later than March 1, 2019. If you have any questions or concerns please contact Melinda Monroe, Contracts Administrator at(360)473-5306 or by emai'at Melinda.monroe@ci.bremerton.wa.us. Organization: Date: Completed 8y Email: Telephone: ACTIVITY Activity Name Type Date Event/Festiva' Start C.ici er:ter 11 Facility a date Total Cost of Activity Marketing End Click here to enter - ATTENDEE ESTIMATES Projected Actual Methodology bion Overall Attendance Choose an I item_ Attendees who traveled 50 miles or more to attend: Tota Choose an iters_ Of Tota,attendees who Choose an traveled from another state item. or country Attendees who stayed overnight: an Paid accommodations hoose item. Unpaid accommodations Choose an item. an Paid Lodging nights Choose Item PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1,2019 Please return to Melinda Monroe at mehnda.monroe@ti_bremerton_wa_us or fax 060)473-5200. Page 5 6 Bremerton/KEC EXHIBIT B Fare W-9 Request for Taxpayer Give Fort to the 474.4.rlova^te:V11 Identification Number and Certification requester.Do not Caparenerr.of tiro-rartJy send to the IRS. Mani Raaun.l:Sri cc I►Go to www.rragov/FormW9 for Instructions and the latest MltornBtlon. I tarns aC Ivor On!mu Income till total{.leafy rigjrrc Ori the o0 not laws 7'1:no bel_ 2 B.atioas rorna7bragerdad malty roma,f&arca l Iron obowa 2 Crack appoprlea tat fern Weal tau censrtabcr d tea parson amcai Moa 1s atomic Ori Ira 1.Cnek Ty 0110 Cr tits 4 Emmy/tore(codas eptly only so (dbwong save bosom setae entree_not WeRedtae sac tatllclIorr on page 5Y 6 0 rideatoLl ao ptomata.« ❑ c Can:eraser ❑s corporlarn ❑ Pmer'shn 07rJ2V6tatc . 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Certification Jnaer peraatles 01 perjury,I Certt!y that 1.The rwnber sriowr or tis town Is my correct taxpayer Idertmcatkln number(Cr I am wal0rig fora rurrcar to be Is51e3 to me;:and 2.l am not sab)ect to backi.p wtncoldhg because:t,a)I am exrnpt from DacKup Wtmddhx],or;be I have not been malleo Dy the Internal Revenue Senlce 0 H5;that!am sided to c.,au.pi wtrinoding as a result of a talkie 10 report at Interest or dvldends.Cr to)the IHS has notified me that am no longer sat e.t to backup withrolylrsg:aril 3. am a J.S.attrer or otter Ll.S.person(aerrled below);and 4.The FATCA co7e+;5i entered or tits torn(if any)hfsoanna that an exempt from FATCA reporting is core.t. Certification Instructions.You mus:cross ott item 2 above r VOL raTie been nailed by ole IRS mat you are clrren:ly sb)ed to backup veto/lacing because you rave fated to report all,merest and olvlyends Cr you tax return.For reef estate VarsacYhrs,tern 2 does no:apply.For mortgage rite^est pall act L-st3or or aoardon-rent or secured property,cancellaticr M deb:,contributions to an hQrloual retirement arang-sect PRA),and gerleraily.payments o trr Clan Interest arc dta'denos you are not rcqured to sign he c£ttltloallon,Out you must provide you carred Tit..See The IratwD]ns Ter Part II,later. Sign Euro.of Here U.S.person► Dare 5- General Instructions •Form 1O09-019(dlvK:e-las,IrOIJdrig those VDT statim or mutual SeCtin references are to the Interni kev die Cole unless ottlerwse •Form 1 CW9-MISC franous types of income,prizes.awards.dr gross toted proms Future developments For the latest htdrnator about deve neres � •Form 1099-6(stoat or mutual turd saes ono oert<n other reialel to corn W-9 a tr t' fl] ,s rL.JC.cftS.SUM as egislaton enacted VarsaCllOriE Dy brokers) after clay were pubis led,go to NNN.h3.gDV,'FCIRRW5r. •gam 1099-S(prOCE$;J"1nd'1 real estate transactions:, Purpose of Form •Tani 1099•K percher cad and tra't7 party retwcrk transacti.ns) Ar inalvidua'or entry(Form W-9 requester)who,is required to me an •Form 1098!home mortgage ge Interest.1098E(student icon Irlerestl. Information return with the IRS mu roust ocralr yocorrect taxpayer 1099-T(GlltiOr{ aerltlllcatlor number[TIN)what may De your soael seculty runner •Form 1099-C(canceled debt) (SSN),Willi/10.er taxpayer identification nunber PTiNi,adoption •Form 1099-A(acqulstoori or&Danlcnrrent Dt sectrk2 propenyl taxpayer knettrcabor.number(AT1N),a ernployerldentmcatton number Use Form W-9 CHIT n you•are a J.S person Onduinga resider: (ENi),to report on en Ir!crmanox rerun the ahiourt pall to you,or otrer amount reportet%e m an Ir'orniabor retlrn.Examples of IrnD'niatbn anent,to proVue yar correct-IN. returns hclude.bit,are not!trilled to.the following. tlyau d:not retia FATi W-9 to tie requestei wan a 77N,you rngrit .Form 1093-114T pnterest eeined ce pad; be supe t to backip wfinriablig are WierIs backup whtrirloloing. latr Cat.No.100315 Form W-9 play.11.201i Page 616 Bremerton/KEC ACoRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/21/2019 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). PRODUCER CONTACT Derek Floor NAME: Callis&Associates,Inc. (aONy,Ext): (360)452-2314 FA/XCNo): (360)452-1701 802 East 1st Street,Suite 3 E-MAIL derek@callisinsurance.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Port Angeles WA 98362 INSURER A: Philadelphia Insurance Company INSURED INSURER B: Kitsap Entrepreneurial Center INSURER C: 1425 Marlow Ave INSURER D: INSURER E: Bremerton WA 98310-4464 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1922104864 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 �/ DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ U A Y EV3903 05/22/2019 05/27/2019 1,000,000 PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY PRO 3,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: AUTOMOBILE LIABILITY 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) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured when required by written contract,perform PI-AS-010. Refer to policy(s)for all applicable terms,conditions, exclusions,and endorsements.Evidence Only.Additional insured Primary and Non-Contributory Insurance,performPl-SE-007. Waiver of Transfer of Rights of Recovery Against Others to Us,perform CG 24 04 05 09. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th St AUTHORIZED REPRESENTATIVE Ste 100 Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ' j" PHILADELPHIA INSURANCE COMPANIES \ \h•1111uc: „f rite,'1'+,ki„\1.irine Group One Bala Plaza,Suite 100,Bala Cynwyd,Pennsylvania 19004 610.617.7900• Fax 610.617.7940• PHLY.com 01/29/2019 Kitsap Entrepreneurial Center 1425 Marlow Ave Bremerton,WA 98310 Re:EV43903 Dear Valued Customer: Thank you very much for choosing Philadelphia Indemnity Insurance Company for your insurance needs.Our first class customer service,national presence and A++(Superior)A.M. Best financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business. I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come.Welcome to PHLY and please visit PH LY_.corn to learn more about our Company! Sincerely, Robert D.O'Leary Jr. ' President&CEO Philadelphia Insurance Companies RDO/sm 1 ' ' PHILADELPHIA One Bala Plaza, Suite 100 All INSURANCE COM Bala Cynwyd, Pennsylvania 19004 610.617.7900 Fax 610.617.7940 . Miiit.u(theTokioMarine(:r,nq, PHLY.com Philadelphia Indemnity Insurance Company Commercial Lines Policy THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS BJP-190-1 (12-98) IN WITNESS WHEREOF,we have caused this policy to be executed and attested,and,if required by state law,this policy shall not be valid unless signed by our authorized representative. 471.7 President&CEO Secretary BJP-190-1(12-98) PP 20 15(0615) PRIVACY POLICY NOTICE Philadelphia Indemnity Insurance Company The Philadelphia Indemnity Insurance Company("PDC"or"We")value(s)your privacy and we are committed to protecting personal information that we collect during the course of our business relationship with you. The collection, use and disclosure of certain nonpublic personal information are regulated by law. This notice is for your information only and requires no action on your part. It will inform you about the types of information that we collect and how it may be disclosed. This does not reflect a change in the way we do business or handle your information. Information That We Collect: We collect personal information about you from the following sources: • Applications or other forms such as claims forms or underwriting questionnaires completed by you; • Information about your transactions with us, our affiliates or others; and • Depending on the type of transaction you are conducting with us, information may be collected from consumer reporting agencies, health care providers, employers and other third parties. Information That We Disclose: We will only disclose the information described above to our affiliates and non-affiliated third parties, as permitted by law, and when necessary to conduct our normal business activities. For example, we may make disclosures to the following types of third parties: • Your agent or broker(producer); • Parties who perform a business, professional or insurance functions for our company, including our reinsurance • companies; • Independent claims adjusters, investigators, attorneys, other insurers or medical care providers who need information to investigate, defend or settle a claim involving you; • Regulatory agencies in connection with the regulation of our business; and • Lienholders, mortgagees, lessors or other persons shown on our records as having a legal or beneficial interest in your policy. We do not sell your information to others for marketing purposes. We do not disclose the personal information of persons who have ceased to be our customers. Protection of Information: We maintain physical, electronic and procedural safeguards that comply with state and federal regulations to protect the confidentiality of your personal information. We also limit employee access to personally identifiable information to those with a business reason for knowing such information. Use of Cookies: We may place electronic"cookies" in the browser files of your computer when you access this website. Cookies are text files placed on your computer to enable our systems to recognize your browser and to tailor the information on our website to your interests. We or our third party service providers or business partners may place cookies on your computer's hard drive to enable us to match personal information that we maintain about you so that we are able to pre-populate on-line forms with your information. We also use cookies to help us analyze use of our website to understand which areas of our site are most useful to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that if you do this, you may not be able to use the full functionality of the website. YOUR RIGHTS REGARDING YOUR INFORMATION: You have the right to submit a written request for access to your recorded Personal Information. Within 30 business days of receipt of your request,we must inform you of the nature and substance of your recorded Personal Information, permit you to view and copy it in person, or receive a copy by mail of your recorded Personal Information, and receive names of persons or entities to whom we have disclosed Personal Information about you in the last two years. There are some types of information, however,to which we are not required to give you access. Information collected for the evaluation of a claim, or when the possibility of a lawsuit exists, will not be disclosed. If your records contain medical information,we may ask you to name a licensed medical professional to whom we can send such information so that it may be properly explained. You may be charged a fee if we copy your Personal Information for you. You have the right to request that we correct, amend or delete any recorded Personal Information that you believe is inaccurate. Within 30 business days of receipt of your request,we will correct, amend or delete the inaccurate recorded Personal Information or notify you the reason(s)that we are unable to make the change. If you disagree with our decision, you have the right to submit a concise statement for your file setting forth the reasons you disagree with us and/or the correct, relevant or fair information. If you request, we will provide you with a summary of our procedures by which you may request correction, amendment or deletion of your recorded Personal Information. If we use an independent consumer reporting agency or insurance-support organization to prepare a report on you, you have the right to be personally interviewed by them. Information you give during an interview will be included in the report sent to us. If you wish to be interviewed, please tell us how the agency or organization may contact you, and every effort will be made to interview you. Even if you are not interviewed, you have the further right to request that the reporting agency or insurance-support organization provide you with a copy of the report it makes. Information obtained by a report prepared by an insurance support organization may be retained by that organization and disclosed to other persons. Write us at the address in this notice and we will give you the name and address of any agency or support organization we have used to prepare a report on you so that you can contact them directly to find out more about that report. Contact Us: Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 Attention: Chief Privacy Officer 062015 1'14 PHILADELPHIA One Bala Plaza, Suite 100 Bala Cynwyd, Pennsylvania 19004 ...New- INSURANCE COMPANIES 610.617.7900 Fax 610.617.7940 A Member of the lukiu Marine( up PHLY.com Philadelphia Indemnity Insurance Company COMMON POLICY DECLARATIONS Policy Number: EV43903 Named Insured and Mailing Address: Producer: Kitsap Entrepreneurial Center 6161 1425 Marlow Ave CALLIS &ASSOCIATES INC Bremerton, WA 98310 806 SOUTH VINE PORT ANGELES, WA 98362 360-4522314 Policy Period From: 05/22/2019 To: 05/27/2019 at 12:01 A.M.Standard Time at your mailing address shown above. Business Description: Special Events IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $455.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Businessowners Workers Compensation Total: $456.00 Total Includes Federal Terrorism Risk Insurance Act Coverage $1.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations (n� `C1�� CT J CPD- PIIC (06/14) c. Secretary Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule - Policy Policy Number: EV43903 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description BJP1901 1298 Commercial Lines Policy Jacket PP2015 0615 Privacy Policy Notice CPDPIIC 0614 Common Policy Declarations Location Schedule 0100 Location Schedule PICME1 1009 Crisis Management Enhancement Endorsement IL0021 0908 Nuclear Energy Liability Exclusion Endorsement IL0123 1113 Washington Changes - Defense Costs IL0146 0810 Washington Common Policy Conditions Page 1 of 1 Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: EV43903 Prems. Bldg. No. No. Address 0001 0001 2nd and Washington, Bremerton, WA 98373 Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: EV43903 Agent#6161 See Supplemental Schedule LIMITS OF INSURANCE $ 3,000,000 '000/9 eneral Aggregate Limit(Other Than Products—Completed Operations) $ 3,000,000 Products/Completed Operations Aggregate Limit(Any One Person Or Organization) $ 1,000,000 Personal and Advertising Injury Limit $ 1,000,000✓Each Occurrence Limit $ 100, 000 Rented To You Limit $ 0 Medical Expense Limit(Any One Person) FORM OF BUSINESS: Non Profit Organization Business Description: Special Events Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: This policy is not subject to premium audit. Rates Advanced Premiums Classifications Code No. Premium Basis Prem./Ops. Prod.IComp. Prem./Ops Prod./Comp. Ops. Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE O GE PART: $330.00 $ RETROACTIVE DATE (CG 00 02 ONLY) This insurance does not apply to"Bodily Injury", "Property Damage", or"Personal and Advertising Injury"which occurs before the retroactive date, if any, shown below. Retroactive Date: FORM (S)AND ENDORSEMENT(S)APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule — General Liability Policy Number: EV43903 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Gen Liab Dec 1004 Commercial General Liability Coverage Part Declaration Gen Liab 0100 General Liability Schedule Schedule CG0001 0413 Commercial General Liability Coverage Form CG0181 0508 Washington Changes CG0197 1207 Washington Changes - Employment-Related Practices Exclusion CG2100 0798 Exclusion -All Hazards in Connection With Designated Premises CG2101 1185 Exclusion -Athletic or Sports Participants CG2106 0514 Exclusion -Access or Disclosure of Confidential or Personal Information and Data-Related Liability With Limited Bodily Injury Exception CG2116 0413 Exclusion - Designated Professional Services CG2135 1001 Exclusion - Coverage C - Medical Payments CG2153 0196 Exclusion - Designated Ongoing Operations CG2404 0509 Waiver of Transfer of Rightyrf Recovery Against Others to Us CG2429 0913 Washington Changes- Binding Arbitration CG2677 1204 Washington - Fungi or Bacteria Exclusion CG3223 0106 Washington Exclusion of Terrorism Involving Nuclear, Biological, or Chemical Terrorism PIAS005 1113 Limitation of Coverage to a Specified Event and Event Date PIAS006 0404 Exclusion - Pyrotechnicians/Fireworks PIAS007 0404 Exclusion - Performer(s) PIASOIO 0404 Additional Insured: Owners and/or Lessors of Premises, Lessors of Leased Equipment, Sponsors or Co-Promoters PIAS013 0404 Exclusion - Miscellaneous Activities and Devices PIAS014 0404 Earned Premium Endorsement (Fully Earned Premium) PIGL001 0894 Exclusion - Lead Liability PIGL002 0894 Exclusion -Asbestos Liability PISAM006 0117 Abuse or Molestation Exclusion • PISE007 1111 Additional Insured Primary aqd Non-Contributory Insurance Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number EV43903 Rates Advance Premiums Classifications Code No. Premium Basis Prem./Ops. Prod./Comp.Ops. Prem./Ops. Prod./Comp.Ops. PREM NO. 001 WA ATTENDEES 63218 2000 ATTENDANT $ 0.15 $ 300.00 ADDITIONAL INS?‘ $ 30.00 EVENT PREMIUM $ 300.00 WAIVER OF SUBROGA'M ON $ 75.00 PRIMARY NON-CONTRI RY $ 50.00 TOTAL PREMIUM $ 456.00 PI-CME-1 (10/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT ENHANCEMENT ENDORSEMENT Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: Solely for the purpose of this endorsement: 1)The words "you"and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. 2)The words"we,""us"and "our" refer to the company providing this insurance. I. SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS The following is the Limit of Liability provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. Crisis Management Expense $25,000 II. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. All other terms and conditions of the policy or coverage part to which this endorsement is attached remain unchanged. B. Limits of Liability or Limits of Insurance When coverage is provided by this endorsement and any other coverage form or endorsement attached to this policy,we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Liability or Limit of Insurance. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. III. ADDITIONAL COVERAGES A. We will reimburse you for"crisis management emergency response expenses" incurred because of an "incident"giving rise to a"crisis"to which this insurance applies. The amount of such reimbursement is limited as described in Section II. CONDITIONS, B. Limits of Liability or Limits of Insurance. No other obligation or liability to pay sums or perform acts or services is covered. B. We will reimburse only those"crisis management emergency response expenses"which are incurred during the policy period as shown in the Declarations of the policy to which this coverage is attached and reported to us within six (6) months of the date the"crisis"was initiated. Page 1 of 2 PI-CME-1 (10/09) IV. DEFINITIONS A. "Crisis" means the public announcement that an "incident" occurred on your premises or at an event sponsored by you. B. "Crisis management emergency response expenses" mean those expenses incurred for services provided by a "crisis management firm." However, "crisis management emergency response expenses" shall not include compensation, fees, benefits, overhead, charges or expenses of any insured or any of your employees, nor shall "crisis management emergency response expenses" include any expenses that are payable on your behalf or reimbursable to you under any other valid and collectible insurance. C. "Crisis management firm" means any service provider you hire that is acceptable to us. Our consent will not be unreasonably withheld. D. "Incident" means an accident or other event, including the accidental discharge of pollutants, resulting in death or serious bodily injury to three or more persons. E. "Serious bodily injury" means any injury to a person that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Page 2 of 2 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- A. Under any Liability Coverage, to "bodily injury" ous properties"of"nuclear material", if: or"property damage": (1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear the policy is also an insured under a nu- facility" owned by, or operated by or on be- clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability (2) The "nuclear material" is contained in Underwriters, Nuclear Insurance Associa- "spent fuel" or "waste" at any time pos- tion of Canada or any of their successors, sessed, handled, used, processed, stored, or would be an insured under any such pol- transported or disposed of, by or on behalf icy but for its termination upon exhaustion of an "insured"; or of its limit of liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur- maintenance, operation or use of any "nu- suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. "Hazardous properties" includes radioactive, toxic B. Under any Medical Payments coverage, to or explosive properties. expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe- jury" resulting from the "hazardous properties" cial nuclear material"or"by-product material". of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 0 "Source material", "special nuclear material", and (c) Any equipment or device used for the proc- "by-product material" have the meanings given essing, fabricating or alloying of "special them in the Atomic Energy Act of 1954 or in any nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid, which has been used or ex equipment or device is located consists of posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material" content, and (b) or place prepared or used for the storage or resulting from the operation by any person or or- disposal of"waste"; ganization of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nu- is located, all operations conducted on such site clear facility". and all premises used for such operations. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed (a) Any"nuclear reactor"; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for(1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel", or(3) handling, processing or packag- tive contamination of property. ing "waste"; Page 2 of 2 ©ISO Properties, Inc., 2007 IL 00 21 09 08 0 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- organization to perform the duty of any person or lation if we cancel for nonpayment of pre organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica less than pro rata. The cancellation will be ef- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund. sels or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 00 01 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your" under Paragraph 1. of Section II — Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our" refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word "insured" means any person or organization or authorized "employee" knew, prior to the qualifying as such under Section II — Who Is An policy period, that the "bodily injury" or Insured. "property damage" occurred, then any that appearcontinuation, change or resumption of such Other words and phrases in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V — or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION I—COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A—BODILY INJURY AND PROPERTY occurs during the policy period and was not, DAMAGE LIABILITY prior to the policy period, known to have 1. Insuring Agreement occurred by any insured listed under Paragraph 1. of Section II —Who Is An Insured a. We will pay those sums that the insured or any "employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of"bodily injury" or"property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage" after the end of the policy period. any "suit" seeking those damages. However, d. "Bodily injury" or "property damage" will be we will have no duty to defend the insured deemed to have been known to have occurred against any "suit" seeking damages for "bodily injury" or "property damage" to which this at the earliest time when any insured listed insurance does not apply. We may, at our under Paragraph 1. of Section II — Who Is An discretion, investigate any "occurrence" and Insured or any"employee"authorized by you to settle any claim or"suit"that may result. But: give or receive notice of an "occurrence" or claim: (1) The amount we will pay for damages is (1) Reports all, or anypart, of the "bodily limited as described in Section III — Limits p injury" Of Insurance; and or "property damage" to us or any other insurer; (2) Our right and duty to defend ends when we have used up the applicable limit of (2) Receives a written or verbal demand or insurance in the payment of judgments or claim for damages because of the "bodily settlements under Coverages A or B or injury"or"property damage"; or medical expenses under Coverage C. (3) Becomes aware by any other means that No other obligation or liability to pay sums or bodily injury" or "property damage" has perform acts or services is covered unless occurred or has begun to occur. explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments—Coverages A and B. damages claimed by any person or or b. This insurance applies to "bodily injury" and organina tion at of ortcar f, loss ofrom the bodil service s n ur death "property damage"only if: g y y y (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the"coverage territory"; CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or other a. Expected Or Intended Injury wrongdoing in: (a) The supervision, hiring, employment, "Bodily injury" or "property damage" expected training or monitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to (b) Providing or failing to provide protect persons or property. transportation with respect to any person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic (2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion, an "insured contract", provided the "bodily permitting a person to bring alcoholic injury" or "property damage" occurs beverages on your premises, for consumption subsequent to the execution of the contract on your premises, whether or not a fee is or agreement. Solely for the purposes of charged or a license is required for such liability assumed in an "insured contract", activity, is not by itself considered the business reasonable attorneys' fees and necessary of selling, serving or furnishing alcoholic litigation expenses incurred by or for a party beverages. other than an insured are deemed to be d. Workers' Compensation And Similar Laws damages because of "bodily injury" or Any obligation of the insured under a workers' "property damage", provided: compensation, disability benefits or (a) Liability to such party for, or for the cost unemployment compensation law or any of, that party's defense has also been similar law. assumed in the same "insured contract"; and e. Employer's Liability (b) Such attorneys' fees and litigation "Bodily injury"to: expenses are for defense of that party (1) An "employee" of the insured arising out of against a civil or alternative dispute and in the course of: resolution proceeding in which damages (a) Employment by the insured; or to which this insurance applies are alleged. (b) Performing duties related to the conduct c. Liquor Liability of the insured's business; or "Bodily injury" or "property damage" for which (2) The spouse, child, parent, brother or sister anyinsured maybe held liable byreason of: of that "employee" as a consequence of Paragraph (1)above. (1) Causing or contributing to the intoxication of This exclusion applies whether the insured any person; may be liable as an employer or in any other (2) The furnishing of alcoholic beverages to a capacity and to any obligation to share person under the legal drinking age or damages with or repay someone else who under the influence of alcohol; or must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". Page 2 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of"pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage"e" (i) "Bodily injury"ry. if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a"hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes disposed of, or processed as waste by from a"hostile fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations 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". CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or regulatory requirement that any insured equipment that is attached to, or part of, or others test for, monitor, clean up, a land vehicle that would qualify under remove, contain, treat, detoxify or the definition of "mobile equipment" if it neutralize, or in any way respond to, or were not subject to a compulsory or assess the effects of, "pollutants"; or financial responsibility law or other (b) Claim or suit by or on behalf of a motor vehicle insurance law where it is governmental authority for damages licensed or principally garaged; or because of testing for, monitoring, (b) The operation of any of the machinery cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile any way responding to, or assessing the equipment". effects of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or"property damage" arising out liability for damages because of "property of: damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment" by statutory or regulatory requirement, or such an "auto"owned or operated by or rented or claim or "suit" by or on behalf of a loaned to any insured; or governmental authority. (2) The use of "mobile equipment" in, or while g. Aircraft,Auto Or Watercraft in practice for, or while being prepared for, injury" or"property dama e" arisingout any prearranged racing, speed, demolition, "Bodily ry„ g or stunting activity. of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or i. War watercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, actual or expected attack, by any employment, training or monitoring of others by government, sovereign or other authority that insured, if the "occurrence" which caused the "bodily injury" or "property damage" using military personnel or other agents; or involved the ownership, maintenance, use or (3) Insurrection, rebellion, revolution, usurped entrustment to others of any aircraft, "auto" or power, or action taken by governmental watercraft that is owned or operated by or authority in hindering or defending against rented or loaned to any insured. any of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, (b) Not being used to carry persons or restoration or maintenance of such property property for a charge; for any reason, including prevention of (3) Parking an "auto" on, or on the ways next injury to a person or damage to another's to, premises you own or rent, provided the property; "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any (4) Liability assumed under any "insured part of those premises; contract" for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or Page 4 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or This exclusion does not apply to the loss of use control of the insured; of other property arising out of sudden and (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or (6) That particular part of any property that expense incurred by you or others for the loss must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "property damage" (other than (2) "Your work"; or damage by fire) to premises, including the contents of such premises, rented to you for a (3) "Impaired property"; period of seven or fewer consecutive days. A if such product, work, or property is withdrawn separate limit of insurance applies to Damage or recalled from the market or from use by any To Premises Rented To You as described in person or organization because of a known or Section III—Limits Of Insurance. suspected defect, deficiency, inadequacy or Paragraph (2) of this exclusion does not apply dangerous condition in it. if the premises are "your work" and were never o. Personal And Advertising Injury occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Electronic Data under a sidetrack agreement. Paragraph (6) of this exclusion does not apply Damages arising out of the loss of, loss of use to "property damage" included in the"products- of, damage to, corruption of, inability to access, completed operations hazard". or inability to manipulate electronic data. k. Damage To Your Product However, this exclusion does not apply to liability for damages because of"bodily injury". "Property damage"to "your product"arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as I. Damage To Your Work or on, created or used on, or transmitted to or "Property damage" to "your work" arising out of from computer software, including systems and it or any part of it and included in the"products- applications software, hard or floppy disks, CD- completed operations hazard". ROMs, tapes, drives, cells, data processing This exclusion does not apply if the damaged devices or any other media which are used work or the work out of which the damage with electronically controlled equipment. arises was performed on your behalf by a q. Recording And Distribution Of Material Or subcontractor. Information In Violation Of Law m. Damage To Impaired Property Or Property "Bodily injury" or "property damage" arising Not Physically Injured directly or indirectly out of any action or "Property damage" to "impaired property" or omission that violates or is alleged to violate: property that has not been physically injured, (1) The Telephone Consumer Protection Act arising out of: (TCPA), including any amendment of or (1) A defect, deficiency, inadequacy or addition to such law; dangerous condition in "your product" or (2) The CAN-SPAM Act of 2003, including any "your work"; or amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act(FACTA); or CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, 2. Exclusions ordinance or regulation, other than the This insurance does not apply to: TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that a. Knowing Violation Of Rights Of Another addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by or dissemination, disposal, collecting, at the direction of the insured with the recording, sending, transmitting, knowledge that the act would violate the rights communicating or distribution of material or of another and would inflict "personal and information. advertising injury". Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the "Personal and advertising injury" arising out of owner. A separate limit of insurance applies to this oral or written publication, in any manner, of coverage as described in Section III — Limits Of material, if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B—PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY 1. Insuring Agreement "Personal and advertising injury" arising out of oral or written publication, in any manner, of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period. because of"personal and advertising injury" to d. Criminal Acts which this insurance applies. We will have the right and duty to defend the insured against "Personal and advertising injury" arising out of any "suit" seeking those damages. However, a criminal act committed by or at the direction we will have no duty to defend the insured of the insured. against any "suit" seeking damages for e. Contractual Liability "personal and advertising injury" to which this "Personal and advertising injury" for which the insurance does not apply. We may, at our insured has assumed liability in a contract or discretion, investigate any offense and settle any claim or"suit"that may result. But: agreement. This exclusion does not apply to liability for damages that the insured would (1) The amount we will pay for damages is have in the absence of the contract or limited as described in Section III — Limits agreement. Of Insurance; and f. Breach Of Contract (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of have used up the applicable limit of a breach of contract, except an implied insurance in the payment of judgments or contract to use another's advertising idea in settlements under Coverages A or B or your"advertisement". medical expenses under Coverage C. No other obligation or liability to pay sums or g. Quality Or Performance Of Goods—Failure perform acts or services is covered unless To Conform To Statements explicitly provided for under Supplementary "Personal and advertising injury" arising out of Payments—Coverages A and B. the failure of goods, products or services to b. This insurance applies to "personal and conform with any statement of quality or advertising injury" caused by an offense arising performance made in your"advertisement". out of your business but only if the offense was h. Wrong Description Of Prices committed in the "coverage territory" during the "Personal and advertising injury" arising out of policy period. the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 i. Infringement Of Copyright, n. Pollution-related 9Patent, Trademark Or Trade Secret Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or the PY 9 patent, infrin ement of co ri ht 9 regulatory requirement that any insured or trademark, trade secret or other intellectual property rights. Under this exclusion, such others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in property 9 other intellectualrights do not include any way respond to, or assess the effects the use of another's advertisingidea in your of, "pollutants"; or "advertisement". However, this exclusion does not apply to (2) Claim or suit by or on behalf of a infringement, in your "advertisement", of governmental authority for damages copyright, trade dress or slogan. because of testing for, monitoring, cleaning up, removing, containing, treating, j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way Businesses responding to, or assessing the effects of, "Personal and advertising injury" committed by "pollutants". an insured whose business is: o. War (1) Advertising, broadcasting, publishing or "Personal and advertising injury", however telecasting; caused, arising, directly or indirectly, out of: (2) Designing or determining content of web (1) War, including undeclared or civil war; sites for others; or (2) Warlike action by a military force, including (3) An Internet search, access, content or action in hindering or defending against an service provider. actual or expected attack, by any However, this exclusion does not apply to government, sovereign or other authority Paragraphs 14.a., b. and c. of "personal and using military personnel or other agents; or advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped section. power, or action taken by governmental For the purposes of this exclusion, the placing authority in hindering or defending against of frames, borders or links, or advertising, for any of these. you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or by itself, considered the business of Information In Violation Of Law advertising, broadcasting, publishing or "Personal and advertising injury" arising telecasting. directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate: "Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act an electronic chatroom or bulletin board the (TCPA), including any amendment of or insured hosts, owns, or over which the insured addition to such law; exercises control. (2) The CAN-SPAM Act of 2003, including any I. Unauthorized Use Of Another's Name Or amendment of or addition to such law; Product (3) The Fair Credit Reporting Act (FCRA), and "Personal and advertising injury" arising out of any amendment of or addition to such law, the unauthorized use of another's name or including the Fair and Accurate Credit product in your e-mail address, domain name Transactions Act(FACTA); or or metatag, or any other similar tactics to (4) Any federal, state or local statute, mislead another's potential customers. ordinance or regulation, other than the m. Pollution TCPA, CAN-SPAM Act of 2003 or FCRA "Personal and advertising injury" arising out of and their amendments and additions, that the actual, alleged or threatened discharge, addresses, prohibits, or limits the printing, dispersal, seepage, migration, release or dissemination, disposal, collecting, escape of"pollutants" at any time. recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C—MEDICAL PAYMENTS d. Workers'Compensation And Similar Laws 1. Insuring Agreement To a person, whether or not an "employee" of a. We will pay medical expenses as described any insured, if benefits for the "bodily injury" below for"bodily injury" caused by an accident: are payable or must be provided under a workers' compensation or disability benefits (1) On premises you own or rent; law or a similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or To a person injured while practicing, instructing (3) Because of your operations; or participating in any physical exercises or provided that: games, sports, or athletic contests. (a) The accident takes place in the f. Products-Completed Operations Hazard "coverage territory"and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and reported g. Coverage A Exclusions to us within one year of the date of the accident; and Excluded under Coverage A. (c) The injured person submits to SUPPLEMENTARY PAYMENTS—COVERAGES A examination, at our expense, by AND B physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an b. We will make these payments regardless of insured we defend: fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We (2) Necessary medical, surgical, X-ray and do not have to furnish these bonds. dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable (3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish professional nursing and funeral services. these bonds. 2. Exclusions d. All reasonable expenses incurred by the insured at our request to assist us in the We will not pay expenses for"bodily injury": investigation or defense of the claim or "suit", a. Any Insured including actual loss of earnings up to $250 a To any insured, except"volunteer workers". day because of time off from work. b. Hired Person e. All court costs taxed against the insured in the "suit". However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured. against the insured. c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the To a person injured on that part of premises insured on that part of the judgment we pay. If you own or rent that the person normally we make an offer to pay the applicable limit of occupies. insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 g. All interest on the full amount of any judgment So long as the above conditions are met, that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of before we have paid, offered to pay, or that indemnitee, necessary litigation expenses deposited in court the part of the judgment that incurred by us and necessary litigation expenses is within the applicable limit of insurance. incurred by the indemnitee at our request will be These payments will not reduce the limits of paid as Supplementary Payments. insurance. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury 2. If we defend an insured against a "suit" and an And Property Damage Liability, such payments will indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury" to the "suit", we will defend that indemnitee if all of and "property damage" and will not reduce the the following conditions are met: limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee damages for which the insured has assumed and to pay for attorneys' fees and necessary the liability of the indemnitee in a contract or litigation expenses as Supplementary Payments agreement that is an "insured contract"; ends when we have used up the applicable limit of b. This insurance applies to such liability insurance in the payment of judgments or assumed by the insured; settlements or the conditions set forth above, or c. The obligation to defend, or the cost of the the terms of the agreement described in defense of, that indemnitee, has also been Paragraph f. above, are no longer met. assumed by the insured in the same "insured SECTION II—WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information a. An individual, you and your spouse are we know about the "occurrence" are such that insureds, but only with respect to the conduct no conflict appears to exist between the of a business of which you are the sole owner. interests of the insured and the interests of the indemnitee; b. A partnership or joint venture, you are an insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to the conduct of your business. indemnitee against such "suit" and agree that we can assign the same counsel to defend the c. A limited liability company, you are an insured. insured and the indemnitee; and Your members are also insureds, but only with respect to the conduct of your business. Your f. The indemnitee: managers are insureds, but only with respect (1) Agrees in writing to: to their duties as your managers. (a) Cooperate with us in the investigation, d. An organization other than a partnership, joint settlement or defense of the"suit"; venture or limited liability company, you are an (b) Immediately send us copies of any insured. Your "executive officers" and directors demands, notices, summonses or legal are insureds, but only with respect to their duties as your officers or papers received in connection with the stockholders are also insureds,) butors. onlyYourYwith "suit"; respect to their liability as stockholders. (c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their (d) Cooperate with us with respect to duties as trustees. coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the"suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your "volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership,joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That of your business. However, none of these representative will have all your rights and "employees" or "volunteer workers" are duties under this Coverage Part. insureds for: 3. Any organization you newly acquire or form, other (1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership ry or majority interest, will qualify as a Named (a) To you, to your partners or members (if Insured if there is no other similar insurance you are a partnership or joint venture), available to that organization. However: to your members (if you are a limited liability company), to a co-"employee" a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form the employment or performing duties related organization or the end of the policy period, to the conduct of your business, or to whichever is earlier; your other "volunteer workers" while b. Coverage A does not apply to "bodily injury" or performing duties related to the conduct "property damage" that occurred before you of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a)above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership,joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or(b) above; or SECTION III—LIMITS OF INSURANCE (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage"to property: a. Insureds; (a) Owned, occupied or used by; b. Claims made or"suits" brought; or (b) Rented to, in the care, custody or c. Persons or organizations making claims or control of, or over which physical control bringing "suits". is being exercised for any purpose by; you, any of your "employees", "volunteer 2. The General Aggregate Limit is the most we will Pay for the sum of: workers", any partner or member(if you are a partnership or joint venture), or any a. Medical expenses under Coverage C; member (if you are a limited liability b. Damages under Coverage A, except damages company). because of"bodily injury" or"property damage" b. Any person (other than your "employee" or included in the "products-completed operations "volunteer worker"), or any organization while hazard"; and acting as your real estate manager. c. Damages under Coverage B. Page 10 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or damages because of "bodily injury" and "property offense. damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured, you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or"suit"and the date received; and under Coverage B for the sum of all damages because of all "personal and advertising injury" (2) Notify us as soon as practicable. sustained by any one person or organization. You must see to it that we receive written 5. Subject to Paragraph 2. or 3. above, whichever notice of the claim or "suit" as soon as applies, the Each Occurrence Limit is the most we practicable. will pay for the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) Immediately send us copies of any b. Medical expenses under Coverage C demands, notices, summonses or legal because of all "bodily injury" and "property papers received in connection with the claim or"suit"; damage"arising out of any one"occurrence". 6. Subject to Paragraph 5. above, the Damage To (2) Authorize us to obtain records and other information; Premises Rented To You Limit is the most we will pay under Coverage A for damages because of (3) Cooperate with us in the investigation or "property damage" to any one premises, while settlement of the claim or defense against rented to you, or in the case of damage by fire, the"suit"; and while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the with permission of the owner. enforcement of any right against any 7. Subject to Paragraph 5. above, the Medical person or organization which may be liable Expense Limit is the most we will pay under to the insured because of injury or damage Coverage C for all medical expenses because of to which this insurance may also apply. "bodily injury"sustained by any one person. d. No insured will, except at that insured's own The Limits of Insurance of this Coverage Part apply cost, voluntarily make a payment, assume any separately to each consecutive annual period or incur any and to obligation, ex Pense, other than for any remaining period of less than 12 months, starting first aid, without our consent. with the beginning of the policy period shown in the 3. Legal Action Against Us Declarations, unless the policy period is extended No person or organization has a right under this after issuance for an additional period of less than 12 Coverage Part: months. In that case, the additional period will be deemed part of the last preceding period for purposes a. To join us as a party or otherwise bring us into of determining the Limits of Insurance. a "suit" asking for damages from an insured; or SECTION IV—COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of CONDITIONS its terms have been fully complied with. 1. Bankruptcy A person or organization may sue us to recover on Bankruptcy or insolvency of the insured or of the an agreed settlement or on a final judgment insured's estate will not relieve us of our against an insured; but we will not be liable for obligations under this Coverage Part. damages that are not payable under the terms of this Coverage Part or that are in excess of the 2. Duties In The Event Of Occurrence, Offense, applicable limit of insurance. An agreed settlement Claim Or Suit means a settlement and release of liability signed a. You must see to it that we are notified as soon by us, the insured and the claimant or the as practicable of an "occurrence" or an offense claimant's legal representative. which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the absence of this insurance; and This insurance is primary except when Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work"; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 5. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos"or watercraft to the extent not subject to Exclusion g. of Section I — b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any "suit" if any other computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory" means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or"suit" is brought. in Paragraph a. above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us ` damage arises out of: If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the merits, in expiration date. the territory described in Paragraph a. above or in If notice is mailed, proof of mailing will be sufficient a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V—DEFINITIONS "Employee" does not include a "temporary worker". 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication; and intended to be. b. Regarding web sites, only that part of a web 8. "Impaired property" means tangible property, other site that is about your goods, products or than "your product" or "your work", that cannot be services for the purposes of attracting used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, 2. "Auto" means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contract or agreement. licensed or principally garaged. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: 10."Leased worker" means a person leased to you by a. A contract for a lease of premises. However, a labor leasing firm under an agreement between that portion of the contract for a lease of you and the labor leasing firm, to perform duties premises that indemnifies any person or related to the conduct of your business. "Leased organization for damage by fire to premises worker"does not include a "temporary worker". while rented to you or temporarily occupied by 11."Loading or unloading" means the handling of you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an aircraft, c. Any easement or license agreement, except in watercraft or"auto"; connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto"; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft,watercraft or"auto". with work performed for a municipality) under 12."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage" to a third person or organization. Tort a. Bulldozers, farm machinery, forklifts and other liability means a liability that would be imposed vehicles designed for use principally off public by law in the absence of any contract or roads; agreement. Paragraph f. does not include thatpart of anyb. Vehicles maintained for use solely on or next to premises you own or rent; contract or agreement: (1) That indemnifies a railroad for"bodily injury" c. Vehicles that travel on crawler treads; or "property damage" arising out of d. Vehicles, whether self-propelled or not, construction or demolition operations, within maintained primarily to provide mobility to 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or tracks, road-beds, tunnel, underpass or drills; or crossing; (2) Road construction or resurfacing equipment (2) That indemnifies an architect, engineer or such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. (a) Preparing, approving, or failing to or d. above that are not self-propelled and are prepare or approve, maps, shop maintained primarily to provide mobility to drawings, opinions, reports, surveys, permanently attached equipment of the field orders, change orders or drawings following types: and specifications; or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the primary cleaning, geophysical exploration, lighting cause of the injury or damage; or and well servicing equipment; or (3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to engineer or surveyor, assumes liability for raise or lower workers; an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those listed other than the transportation of persons or in (2) above and supervisory, inspection, cargo. architectural or engineering activities. Page 14 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 However, self-propelled vehicles with the 16."Products-completed operations hazard": following types of permanently attached a. Includes all "bodily injury" and "property equipment are not "mobile equipment" but will damage" occurring away from premises you be considered "autos": own or rent and arising out of"your product" or (1) Equipment designed primarily for: "your work" except: (a) Snow removal; (1) Products that are still in your physical (b) Road maintenance, but not construction possession; or or resurfacing; or (2) Work that has not yet been completed or (c) Street cleaning; abandoned. However, "your work" will be deemed completed at the earliest of the (2) Cherry pickers and similar devices mounted following times: on automobile or truck chassis and used to raise or lower workers; and (a) When all of the work called for in your (3) Air compressors, pumps and generators, contract has been completed. including spraying, welding, building (b) When all of the work to be done at the cleaning, geophysical exploration, lighting job site has been completed if your and well servicing equipment. contract calls for work at more than one However, "mobile equipment" does not include job site. any land vehicles that are subject to a compulsory (c) When that part of the work done at a job or financial responsibility law or other motor site has been put to its intended use by vehicle insurance law where it is licensed or any person or organization other than principally garaged. Land vehicles subject to a another contractor or subcontractor compulsory or financial responsibility law or other working on the same project. motor vehicle insurance law are considered Work that may need service, maintenance, "autos". correction, repair or replacement, but which 13."Occurrence" means an accident, including is otherwise complete, will be treated as continuous or repeated exposure to substantially completed. the same general harmful conditions. b. Does not include "bodily injury" or "property 14."Personal and advertising injury" means injury, damage"arising out of: including consequential "bodily injury", arising out (1) The transportation of property, unless the of one or more of the following offenses: injury or damage arises out of a condition in a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by you, and that condition was created by the b. Malicious prosecution; "loading or unloading" of that vehicle by any c. The wrongful eviction from, wrongful entry into, insured; or invasion of the right of private occupancy of (2) The existence of tools, uninstalled a room, dwelling or premises that a person equipment or abandoned or unused occupies, committed by or on behalf of its materials; or owner, landlord or lessor; (3) Products or operations for which the d. Oral or written publication, in any manner, of classification, listed in the Declarations or in material that slanders or libels a person or a policy Schedule, states that products- organization or disparages a person's or completed operations are subject to the organization's goods, products or services; General Aggregate Limit. e. Oral or written publication, in any manner, of 17."Property damage" means: material that violates a person's right of privacy; a. Physical injury to tangible property, including all resulting loss of use of that property. All f. The use of another's advertising idea in your such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; or g. Infringing upon another's copyright, trade dress b. Loss of use of property tangible ro that is not 9� p p Y or slogan in your"advertisement". physically injured. All such loss of use shall be 15."Pollutants" mean any solid, liquid, gaseous or deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence"that caused it. vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data waste. Waste includes materials to be recycled, is not tangible property. reconditioned or reclaimed. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means b. Includes: information, facts or programs stored as or on, (1) Warranties or representations made at any created or used on, or transmitted to or from time with respect to the fitness, quality, computer software, including systems and durability, performance or use of "your applications software, hard or floppy disks, CD- product"; and ROMs, tapes, drives, cells, data processing devices or any other media which are used with (2) The providing of or failure to provide electronically controlled equipment. warnings or instructions. 18."Suit"`means a civil proceeding in which damages c. Does not include vending machines or other because of "bodily injury", "property damage" or property rented to or located for the use of "personal and advertising injury" to which this others but not sold. insurance applies are alleged. "Suit" includes: 22."Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the insured (1) Work or operations performed by you or on must submit or does submit with our consent; your behalf; and or b. Any other alternative dispute resolution (2) Materials, parts or equipment furnished in proceeding in which such damages are connection with such work or operations. claimed and to which the insured submits with b. Includes: our consent. (1) Warranties or representations made at any 19."Temporary worker" means a person who is time with respect to the fitness, quality, furnished to you to substitute for a permanent durability, performance or use of "your "employee" on leave or to meet seasonal or short- work"; and term workload conditions. (2) The providing of or failure to provide 20."Volunteer worker" means a person who is not warnings or instructions. your"employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY CG 01 81 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion e. of Coverage A — Bodily Injury And With respect to "employees" of the insured whose Property Damage Liability (Section I — Coverages) employment is subject to the Industrial Insurance applies only to "bodily injury" to any "employee" of Act of Washington, the reference to "volunteer the insured whose employment is not subject to workers" is removed from Paragraph 2.(a) of Sec- the Industrial Insurance Act of Washington (Wash- tion II — Who Is An Insured and Paragraph ington Revised Code Title 51). 2.a.(1)of Section II is replaced with the following: With respect to "bodily injury" to "employees" of 2. Each of the following is also an insured: the insured whose employment is subject to the a. Your "employees", other than either your Industrial Insurance Act of Washington, Exclusion "executive officers" (if you are an organiza- e. is replaced with the following: tion other than a partnership, joint venture This insurance does not apply to: or limited liability company) or your manag- 1. "Bodily injury" to an "employee" of the insured ers (if you are a limited liability company), arising out of and in the course of: but only for acts within the scope of their employment by you or while performing du- a. Employment by the insured; or ties related to the conduct of your business. b. Performing duties related to the conduct of However, none of these "employees" is an the insured's business; or insured for: 2. Any obligation to share damages with or repay (1) "Bodily injury" or"personal and advertis- someone else who must pay damages be- ing injury": cause of the injury. (a) To you, to your partners or members This exclusion does not apply to liability assumed (if you are a partnership or joint ven- by the insured under an "insured contract". ture), to your members (if you are a B. Paragraphs 2.a.(1)(a), (b) and (c) of Section II — limited liability company), or to a co- Who Is An Insured apply only to "employees" of "employee" while that co-"employee" the insured whose employment is not subject to is either in the course of his or her the Industrial Insurance Act of Washington (Wash- employment or performing duties re- ington Revised Code Title 51). lated to the conduct of your busi- ness; (b) For which there is any obligation to share damages with or repay some- one else who must pay damages because of the injury described in Paragraph (1)(a)above; or (c) Arising out of his or her providing or failing to provide professional health care services. CG 01 81 05 08 © ISO Properties, Inc., 2007 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 01 97 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Coverage A — Bodily Injury And Exclusions of Coverage B — Personal And Ad- Property Damage Liability (Section I — Cover- vertising Injury Liability (Section I — Cover- ages): ages): This insurance does not apply to: This insurance does not apply to: "Bodily injury"to: "Personal and advertising injury" to: 1. A person arising out of any: 1. A person arising out of any: a. Refusal to employ that person; a. Refusal to employ that person; b. Termination of that person's employment; b. Termination of that person's employment; or or C. Employment-related practices, policies, c. Employment-related practices, policies, acts or omissions, such as coercion, demo- acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- defamation, harassment, humiliation, dis- crimination or malicious prosecution di- crimination or malicious prosecution di- rected at that person; or rected at that person; or 2. The spouse, child, parent, brother or sister of 2. The spouse, child, parent, brother or sister of that person as a consequence of"bodily injury" that person as a consequence of"personal and to that person at whom any of the employment- advertising injury" to that person at whom any related practices described in Paragraphs a., of the employment-related practices described b. and c. above is directed. in Paragraphs a., b. and c. above is directed. This exclusion applies: This exclusion applies: 1. Whether the injury-causing event described in 1. Whether the injury-causing event described in Paragraphs a., b. or c. above occurs before Paragraphs a., b. or c. above occurs before employment, during employment or after em- employment, during employment or after em- ployment of that person; ployment of that person; 2. Whether the insured may be liable as an em- 2. Whether the insured may be liable as an em- ployer or in any other capacity; and ployer or in any other capacity; and 3. To any obligation to share damages with or 3. To any obligation to share damages with or repay someone else who must pay damages repay someone else who must pay damages because of the injury. because of the injury. However, Paragraphs 1.a. and 2. of this exclusion However, Paragraphs 1.a. and 2. of this exclusion do not apply if such "bodily injury" is sustained by do not apply if such "personal and advertising in- any "employee" of the insured whose employment jury" is sustained by any"employee" of the insured is subject to the Industrial Insurance Act of Wash- whose employment is subject to the Industrial In- ington (Washington Revised Code Title 51). surance Act of Washington (Washington Revised Code Title 51). CG 01 97 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 0 POLICY NUMBER: EV43903 COMMERCIAL GENERAL LIABILITY CG 21 00 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ALL HAZARDS IN CONNECTION WITH DESIGNATED PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises: All operations except those arising out of premises located at Louis Mentor Boardwalk, 2nd and Washington„ Bremerton, WA 98373 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to Paragraph 2., 2. Operations on those premises or elsewhere which Exclusions of Section I—Coverage A—Bodily Injury are necessary or incidental to the ownership, And Property Damage Liability and Paragraph 2., maintenance or use of those premises; or Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: 3. Goods or products manufactured at or distributed from those premises. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The ownership, maintenance or use of the premises shown in the Schedule or any property located on these premises; CG 21 00 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 POLICY NUMBER: EV43903 COMMERCIAL GENERAL LIABILITY CG 21 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ATHLETIC OR SPORTS PARTICIPANTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Description of Operations: Any and all athletic or sports participants. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any operations shown in the Schedule, this insurance does not apply to "bodily injury" to any person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor. CG 21 01 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — As used in this exclusion, electronic data Bodily Injury And Property Damage Liability is means information, facts or programs replaced by the following: stored as or on, created or used on, or 2. Exclusions transmitted to or from computer software, including systems and applications This insurance does not apply to: software, hard or floppy disks, CD-ROMs, p. Access Or Disclosure Of Confidential Or tapes, drives, cells, data processing Personal Information And Data-related devices or any other media which are used Liability with electronically controlled equipment. Damages arising out of: B. The following is added to Paragraph 2. (1) Any access to or disclosure of any Exclusions of Section I — Coverage B — person's or organization's confidential or Personal And Advertising Injury Liability: personal information, including patents, 2. Exclusions trade secrets, processing methods, This insurance does not apply to: customer lists, financial information, credit card information, health Access Or Disclosure Of Confidential Or information or any other type of Personal Information nonpublic information; or "Personal and advertising injury" arising out of (2) The loss of, loss of use of, damage to, any access to or disclosure of any person's or corruption of, inability to access, or organization's confidential or personal inability to manipulate electronic data. information, including patents, trade secrets, processing methods, customer lists, financial This exclusion applies even if damages are information, credit card information, health claimed for notification costs, credit information or any other type of nonpublic monitoring expenses, forensic expenses, information. public relations expenses or any other loss, cost or expense incurred by you or others This exclusion applies even if damages are arising out of that which is described in claimed for notification costs, credit monitoring Paragraph (1) or(2) above. expenses, forensic expenses, public relations expenses or any other loss, cost or expense However, unless Paragraph (1) above incurred by you or others arising out of any applies, this exclusion does not apply to access to or disclosure of any person's or damages because of"bodily injury". organization's confidential or personal information. CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 POLICY NUMBER: EV43903 COMMERCIAL GENERAL LIABILITY CG21160413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Description Of Professional Services 1. Any and all professional services. 2. 3. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to any professional services shown in the This exclusion applies even if the claims against any Schedule, the following exclusion is added to Paragraph insured allege negligence or other wrongdoing in the 2. Exclusions of Section I — Coverage A — Bodily supervision, hiring, employment, training or monitoring Injury And Property Damage Liability and Paragraph of others by that insured, if the "occurrence" which 2. Exclusions of Section I —Coverage B— Personal caused the "bodily injury" or "property damage", or the And Advertising Injury Liability: offense which caused the "personal and advertising This insurance does not apply to "bodily injury", injury", involved the rendering of or failure to render any "property damage" or "personal and advertising injury" professional service. due to the rendering of or failure to render any professional service. CG 21 16 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: EV43903 COMMERCIAL GENERAL LIABILITY CG 21 35 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - COVERAGE C - MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification: Any and all medical payments. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any premises or classification 2. The following is added to Section I — Supple- shown in the Schedule: mentary Payments: 1. Section I — Coverage C — Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply: and accident for "bodily injury" to which this in- surance applies. CG 21 35 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: EV43903 COMMERCIAL GENERAL LIABILITY CG 21 53 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Ongoing Operation(s): Any and all claims arising out of demolition derbies, bon fires, motorcycle rides/rallies, beer& liquor tasting, injury or damage by animals. Specified Location (If Applicable): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Unless a "location" is specified in the Schedule, this Exclusions of COVERAGE A — BODILY INJURY AND exclusion applies regardless of where such operations PROPERTY DAMAGE LIABILITY (Section I — are conducted by you or on your behalf. If a specific Coverages): "location" is designated in the Schedule of this This insurance does not apply to "bodily injury" or endorsement, this exclusion applies only to the "property damage" arising out of the ongoing described ongoing operations conducted at that operations described in the Schedule of this "location". endorsement, regardless of whether such operations For the purpose of this endorsement, "location" means are conducted by you or on your behalf or whether the premises involving the same or connecting lots, or operations are conducted for yourself or for others. premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. CG 21 53 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 ❑ POLICY NUMBER: EV43903 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Bremerton Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 24 29 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether coverage 2. Bear the expenses of the third arbitrator is provided under this Coverage Part for a claim made equally. against the insured, then both parties may, by mutual Unless both parties agree otherwise, arbitration will consent, agree in writing to arbitration of the take place in the county in which the address shown disagreement. in the Declarations is located. Local rules of law as to If both parties agree to arbitrate, each party will select procedure and evidence will apply. A decision agreed an arbitrator. The two arbitrators will select a third. If to by two of the arbitrators will be binding. they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and CG 24 29 09 13 ©Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 26 77 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Fungi Or Bacteria Fungi Or Bacteria a. "Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in part, would not have taken place, in whole or in but for the actual, alleged or threatened in- part, but for the actual, alleged or threat- halation of, ingestion of, contact with, expo- ened inhalation of, ingestion of, contact sure to, existence of, or presence of, any with, exposure to, existence of, or presence "fungi" or bacteria on or within a building or of any "fungi" or bacteria on or within a structure, including its contents. building or structure, including its contents. b. Any loss, cost or expenses arising out of the b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or neutralizing, remediating or disposing of, or in any way responding to, or assessing the in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured effects of, "fungi" or bacteria, by any insured or by any other person or entity. or by any other person or entity. This exclusion does not apply to any "fungi" or C. The following definition is added to the Definitions bacteria that are, are on, or are contained in, a Section: good or product intended for bodily consump- "Fungi" means any type or form of fungus, includ- tion. ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 26 77 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 32 23 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EXCLUSION OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL OR CHEMICAL TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following definitions are added and apply B. The following exclusion is added: under this endorsement wherever the term terror- EXCLUSION OF TERRORISM ism, or the phrase any injury or damage, are en- closed in quotation marks: We will not pay for "any injury or damage" caused directly or indirectly by "terrorism", including action 1. "Terrorism" means activities against persons, in hindering or defending against an actual or ex- organizations or property of any nature: pected incident of "terrorism". But this exclusion a. That involve the following or preparation for applies only when one or more of the following the following: are attributed to an incident of"terrorism": (1) Use or threat of force or violence; or 1. The "terrorism" is carried out by means of the (2) Commission or threat of a dangerous dispersal or application of radioactive material, act; or or through the use of a nuclear weapon or de- vice that involves or produces a nuclear reac- (3) Commission or threat of an act that tion, nuclear radiation or radioactive contamina- interferes with or disrupts an electronic, tion; or communication, information, or me- chanical system; and 2. Radioactive material is released, and it appears that one purpose of the "terrorism" was to re- b. When one or both of the following applies: lease such material; or (1) The effect is to intimidate or coerce a 3. The "terrorism" is carried out by means of the government or the civilian population or dispersal or application of pathogenic or poi- any segment thereof, or to disrupt any sonous biological or chemical materials; or segment of the economy; or 4. Pathogenic or poisonous biological or chemical (2) It appears that the intent is to intimidate materials are released, and it appears that one or coerce a government, or to further po- purpose of the "terrorism" was to release such litical, ideological, religious, social or materials. economic objectives or to express (or express opposition to) a philosophy or In the event of any incident of"terrorism"that is not ideology. subject to this Exclusion, coverage does not apply to "any injury or damage" that is otherwise ex- 2. "Any injury or damage" means any injury or cluded under this Coverage Part or Policy. damage covered under any Coverage Part or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part or Policy. CG 32 23 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 0 IL 01 23 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART— LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART—MORTGAGEHOLDER'S ERRORS AND OMISSIONS COVERAGE FORM ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all 5. Coverage C — Mortgageholder's Liability under Insuring Agreements that set forth a duty to the Mortgageholder's Errors And Omissions defend under: Coverage Form. 1. Section I of the Commercial General Liability, Paragraph B. also applies to any other provision in Commercial Liability Umbrella, Electronic Data the policy that sets forth a duty to defend. Liability, Farm, Liquor Liability, Owners And B. If we initially defend an insured ("insured") or pay Contractors Protective Liability, Pollution for an insured's ("insured's") defense but later Liability, Products/Completed Operations determine that none of the claims ("claims"), for Liability, Product Withdrawal, Medical which we provided a defense or defense costs, Professional Liability, Railroad Protective are covered under this insurance, we have the Liability and Underground Storage Tank right to reimbursement for the defense costs we Coverage Parts, Auto Dealers Coverage Form have incurred. and the Farm Umbrella Liability Policy; The right to reimbursement under this provision 2. Section II under the Auto Dealers, Business will only apply to the costs we have incurred after Auto and Motor Carrier Coverage Forms; we notify you in writing that there may not be 3. Section III under the Auto Dealers and Motor coverage and that we are reserving our rights to Carrier Coverage Forms; terminate the defense or the payment of defense 4. Section A. Coverage under the Legal Liability costs and to seek reimbursement for defense Coverage Form; and costs. IL 01 23 11 13 © Insurance Services Office, Inc., 2013 Page 1 of 1 IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less favorable Coverage Part and the Capital Assets Program to the insured. (Output Policy) Coverage Part, if made a part A. Cancellation of this policy, by mailing or delivering to the first Named Insured and the first Named Insured's 1. The first Named Insured shown in the agent or broker written notice of cancellation at Declarations may cancel this policy by notifying least five days before the effective date of us or the insurance producer in one of the cancellation for any structure where two or following ways: more of the following conditions exist: a. Written notice by mail, fax or e-mail; a. Without reasonable explanation, the b. Surrender of the policy or binder; or structure is unoccupied for more than 60 c. Verbal notice. consecutive days, or at least 65% of the rental units are unoccupied for more than Upon receipt of such notice, we will cancel this 120 consecutive days, unless the structure policy or any binder issued as evidence of is maintained for seasonal occupancy or is coverage, effective on the later of the following: under construction or repair; a. The date on which notice is received or the b. Without reasonable explanation, progress policy or binder is surrendered; or toward completion of permanent repairs to b. The date of cancellation requested by the the structure has not occurred within 60 first Named Insured. days after receipt of funds following 2. We may cancel this policy by mailing or satisfactory adjustment or adjudication of delivering to the first Named Insured and the loss resulting from a fire; first Named Insured's agent or broker written c. Because of its physical condition, the notice of cancellation, including the actual structure is in danger of collapse; reason for the cancellation, to the last mailing d. Because of its physical condition, a address known to us, at least: vacation or demolition order has been a. 10 days before the effective date of issued for the structure, or it has been cancellation if we cancel for nonpayment of declared unsafe in accordance with premium; or applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have been cancellation if we cancel for any other removed from the structure, indicating an reason; intent to vacate the structure; except as provided in Paragraphs 3. and 4. f. Without reasonable explanation, heat, below. water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 01 46 08 10 ©Insurance Services Office, Inc., 2010 Page 1 of 4 0 4. If: 7. If this policy is cancelled, we will send the first a. You are an individual; Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first b. A covered auto you own is of the "private Named Insured cancels, the refund will be at passenger type"; and least 90% of the pro rata refund unless the c. The policy does not cover garage, following applies: automobile sales agency, repair shop, a. For Division Two — Equipment Breakdown, service station or public parking place if the first Named Insured cancels, the operations hazards; refund will be at least 75% of the pro rata we may cancel the Commercial Automobile refund. Coverage Part by mailing or delivering to the b. If: first Named Insured and the first Named (1) You are an individual; Insured's agent or broker written notice of cancellation, including the actual reason for (2) A covered auto you own is of the cancellation, to the last mailing address known "private passenger type"; to us: (3) The policy does not cover garage, a. At least 10 days before the effective date of automobile sales agency, repair shop, cancellation if we cancel for nonpayment of service station or public parking place premium; or operations hazards; and b. At least 10 days before the effective date of (4) The first Named Insured cancels; cancellation for any other reason if the the refund will be not less than 90% of any policy is in effect less than 30 days; or unearned portion not exceeding $100, plus c. At least 20 days before the effective date of 95% of any unearned portion over$100 but cancellation for other than nonpayment if not exceeding $500, and not less than 97% the policy is in effect 30 days or more; or of any unearned portion in excess of$500. d. At least 20 days before the effective date of The cancellation will be effective even if we cancellation if the policy is in effect for 60 have not made or offered a refund. days or more or is a renewal or continuation 8. If notice is mailed, proof of mailing will be policy, and the reason for cancellation is sufficient proof of notice. that your driver's license or that of any driver who customarily uses a covered B. Changes "auto" has been suspended or revoked The policy contains all the agreements between during policy period. you and us concerning the insurance afforded. 5. We will also mail or deliver to any mortgage The first Named Insured shown in the Declarations holder, pledgee or other person shown in this is authorized to make changes in the terms of this policy to have an interest in any loss which policy with our consent. This policy's terms can be may occur under this policy, at their last amended or waived only by endorsement issued mailing address known to us, written notice of by us and made a part of this policy. cancellation, prior to the effective date of C. Examination Of Your Books And Records cancellation. If cancellation is for reasons other We may examine and audit your books and than those contained in Paragraph A.3. above, records as they relate to this policy at any time this notice will be the same as that mailed or during the policy period and up to three years delivered to the first Named Insured. If afterward. cancellation is for a reason contained in Paragraph A.3. above, we will mail or deliver D. Inspection And Surveys this notice at least 20 days prior to the effective 1. We have the right to: date of cancellation. a. Make inspections and surveys at any time; 6. Notice of cancellation will state the effective b. Give you reports on the conditions we find; date of cancellation. The policy period will end and on that date. c. Recommend changes. Page 2 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 0 2. We are not obligated to make any inspections, G. Nonrenewal surveys, reports or recommendations, and any 1. We may elect not to renew this policy by such actions we do undertake relate only to mailing or delivering written notice of insurability and the premiums to be charged. nonrenewal, stating the reasons for We do not make safety inspections. We do not nonrenewal, to the first Named Insured and the undertake to perform the duty of any person or first Named Insured's agent or broker, at their organization to provide for the health or safety last mailing addresses known to us. We will of workers or the public.And we do not warrant also mail to any mortgage holder, pledgee or that conditions: other person shown in this policy to have an a. Are safe or healthful; or interest in any loss which may occur under this b. Comply with laws, regulations, codes or policy, at their last mailing address known to standards. us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before 3. Paragraphs 1. and 2. of this condition apply not the: only to us, but also to any rating, advisory, rate service or similar organization which makes a. Expiration of the policy; or insurance inspections, surveys, reports or b. Anniversary date of this policy if this policy recommendations. has been written for a term of more than 4. Paragraph 2. of this condition does not apply to one year. any inspections, surveys, reports or Otherwise, we will renew this policy unless: recommendations we may make relative to a. The first Named Insured fails to pay the certification, under state or municipal statutes, renewal premium after we have expressed ordinances or regulations, of boilers, pressure our willingness to renew, including a vessels or elevators. statement of the renewal premium, to the E. Premiums first Named Insured and the first Named The first Named Insured shown in the Insured's insurance agent or broker, at least Declarations: 20 days before the expiration date; 1. Is responsible for the payment of all premiums; b. Other coverage acceptable to the insured and has been procured prior to the expiration date of the policy; or 2. Will be the payee for any return premiums we pay. c. The policy clearly states that it is not renewable and is for a specific line, F. Transfer Of Your Rights And Duties Under This subclassification, or type of coverage that is Policy not offered on a renewable basis. Your rights and duties under this policy may not be 2. If: transferred without our written consent except in the case of death of an individual Named Insured. a. You are an individual; If you die, your rights and duties will be transferred b. A covered auto you own is of the "private to your legal representative but only while acting passenger type"; and within the scope of duties as your legal c. The policy does not cover garage, representative. Until your legal representative is automobile sales agency, repair shop, appointed, anyone having proper temporary service station or public parking place custody of your property will have your rights and operations hazards; duties but only with respect to that property. IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 3 of 4 0 the following applies to nonrenewal of the b. We will not refuse to renew Liability Commercial Automobile Coverage Part in Coverage or Collision Coverage solely place of G.1.: because an "insured" has submitted claims a. We may elect not to renew or continue this under Comprehensive Coverage or Towing policy by mailing or delivering to you and And Labor Coverage. your agent or broker written notice at least c. If we fail to mail or deliver proper notice of 20 days before the end of the policy period, nonrenewal and you obtain other insurance, including the actual reason for nonrenewal. this policy will end on the effective date of If the policy period is more than one year, that insurance. we will have the right not to renew or continue it only at an anniversary of its original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. Page 4 of 4 ©Insurance Services Office, Inc., 2010 IL 01 46 08 10 0 PI-AS-005 (11/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO A SPECIFIED EVENT AND EVENT DATE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance applies to"bodily injury", "property damage" or"personal and advertising injury" occurring only during the specified events and specified event dates listed in the schedule below. Schedule Specified Event Dates Specified Event Start Date Finish Date Festivals 05/22/2019 05/27/2019 Page 1 of 1 PI-AS-006 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PYROTECHNICIANS/FIREWORKS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to "bodily Injury", "property damage", "personal and advertising injury"or medical expense arising out of the ownership, maintenance, handling, storage, distribution, sale or use of fireworks, flash-powder, or explosive compositions. Page 1 of 1 PI-AS-007 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PERFORMER(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to "bodily Injury" to any person while performing in any exhibition, demonstration, or special event sponsored by you. Page 1 of 1 PI-AS-010 (04/2004) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED: OWNERS AND / OR LESSORS OF PREMISES, LESSORS OF LEASED EQUIPMENT, SPONSORS OR CO-PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy is amended to include as an additional Insured any person or organization of the types designated below, but only with respect to liability arising out of your operations: 1. Owners and /or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: a. This insurance applies only to an "occurrence" which takes place while you are a tenant in the premises; b. This insurance does not apply to"bodily injury" or"property damage" resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and /or lessor of the premises; c. This insurance does not apply to liability of the owners and/or lessors for"bodily injury" or "property damage" arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to the sole negligence of such additional insured. 2. Lessor of Leased Equipment, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s) subject to the following additional exclusions: a. This insurance does not apply to any"occurrence"which takes place after the equipment lease expires. 3. Sponsors 4. Co-Promoters Page 1 of 1 PI-AS-013 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - MISCELLANEOUS ACTIVITIES AND DEVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Each exclusion indicated by an"X" is added to the policy: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury": X Inverted Aerial Maneuver Arising out of the attempt to perform or performance of any inverted aerial maneuver by a skier from a jump: 1. Built by you or on your behalf; or 2. Built on your premises with your permission or knowledge. X Amusement Device Arising out of the ownership, operation, maintenance, supervision, or use of any amusement device. For purposes of this exclusion, amusement device means any device or equipment a person rides for enjoyment, including, but not limited to, any mechanical or non-mechanical ride, slide, water slide (including any ski or tow when used in connection with a water slide), moonwalk or moon bounce, bungee operation or equipment. Amusement device also includes any vertical device or equipment used for climbing—either permanently affixed or temporarily erected. Amusement device does not include any video arcade or computer game. X Bungee Arising out of the ownership, operation, maintenance, supervision, or use of any bungee operation or equipment whether owned, operated, maintained or used by you, any other insured or any other person or entity. X Trampoline Arising out of the ownership, operation, maintenance, supervison, or use of any trampoline whether owned, operated, maintained or used by you, any other insured or any other person or entity. For purposes of this exclusion, trampoline includes any rebounding device except those which are four feet or less in diameter and whose surface is no more than two feet above floor level. X Grass Skiing Arising out of grass skiing. X Animals Arising out of injury or death to any animal. X Object Propelled Arising out of any object propelled, whether intentionally or unintentionally, into a crowd by or at the direction of a"participant" or insured. X "Participant" Arising out of the involvement of a participant in any activity, event or exhibition, including, but not limited to, any contest, physical training, sport, event, athletic activity, martial arts or stunt. Page 1 of 2 PI-AS-013 (04/04) X Rodeo Arising out of any rodeo activity, including, but not limited to, bronco or bull riding, steer roping, team roping, barrel racing or horseback riding. Concert Arising out of a concert, show, or theatrical event. X Performer Arising out of the involvement of any performer during any activity, event or exhibition, including, but not limited to any stunt, concert, show or theatrical event. DEFINITION OF PARTICIPANT For purposes of this endorsement, participant means any person who is participating, practicing, or is otherwise involved in an activity, event or exhibition. Page 2 of 2 PI-AS-014 (04/2004) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARNED PREMIUM ENDORSEMENT (FULLY EARNED PREMIUM) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART EMPLOYEE BENEFIT LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART Option 1 or 2 must be completed: OPTION 1: Premium fully earned at inception: $456.00 or 100% Balance earned: 05/22/2019 (indicate when 100%of premium is earned) Total Premium: $456.00 OPTION 2: Premium is fully earned as follows: Total Policy Premium is fully earned in the event of cancellation prior to: (date) Total Policy Premium is fully earned in the event of cancellation after: (date) Page 1 of 1 P I-G L-001(8/94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 -Coverages)and paragraph 2., Exclusions of COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages): This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of or caused by the actual or alleged: a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead; b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, paint containing lead,or any other material or substance containing lead; Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever. 2. Any legal obligation of any insured for indemnification or contribution due to damages arising out of"bodily injury," "property damage" or"personal and advertising injury" caused by lead, paint containing lead, or any other substance or material containing lead. 3. Any loss, cost, expense or damages, whether direct or consequential, arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or (b) Claim or suit related to,testing for, monitoring,cleaning up, removing,abating, containing,treating or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead. Page 1 of 1 PI-GL-002 (8/94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 -Coverages)and paragraph 2., Exclusions of COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages): This insurance does not apply to: "Bodily injury," "property damage," "personal injury" or"advertising injury" arising out of: 1. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; 2. The use of asbestos in constructing or manufacturing any good, product or structure; 3. The removal of asbestos from any good, product or structure; or 4. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or "suit," injury or damage or any cost, fine or penalty or for any expense or claim or"suit" related to any of the above. Page 1 of 1 Philadelphia Indemnity Insurance Company PI-SAM-006 (01/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION I—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I— COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to any injury sustained by any person arising out of or resulting from the alleged, actual or threatened abuse or molestation by anyone. We shall not have any duty to defend any"suit" against any insured seeking damages on account of any such injury. This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to: 1. Hiring, placement, employment, training; 2. Investigation; 3. Supervision; 4. Reporting any molestation or abuse to the proper authorities, or failure to so report; or 5. Retention; of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above. PI-SAM-006 (01/17) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-SE-007 (11/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 05/22/2019 Name of Person or Organization (Additional Insured): City of Bremerton - SECTION II —WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage" or"personal and advertising injury" arising out of or relating to your negligence in the performance of"your work"for such person(s) or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III— LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page of 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL INLAND MARINE CM 01 07 03 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART A. The Conditions of this Coverage Part that are in D. In each of the Commercial Inland Marine Cover- conflict with the statutes of the State of Washing- age Forms, in the section titled Exclusions, any ton are amended to conform to such statutes. introductory paragraph preceding an exclusion or B. Loss Condition B. Appraisal in the Commercial list of exclusions is replaced by the following para Inland Marine Conditions is replaced by the follow- graph, which pertains to application of those ex ing: clusions: B. Appraisal We will not pay for loss or damage caused by any of the excluded events described below. Loss or If we and you disagree on the value of the damage will be considered to have been caused property or the amount of loss, either may by an excluded event if the occurrence of that make written demand for an appraisal of the event: loss. In this event, each party will select a competent and impartial appraiser. The two 1. Directly and solely results in loss or damage; or appraisers will select an umpire. If they cannot 2. Initiates a sequence of events that results in agree, either may request that selection be loss or damage, regardless of the nature of any made by a judge of a court having jurisdiction. intermediate or final event in that sequence. The appraisers will state separately the value E. With respect to the: of the property and amount of loss. If they fail to agree, they will submit their difference to the • Camera And Musical Instrument Dealers Cov- umpire. A decision agreed to by any two will be erage Form binding. Each party will: • Equipment Dealers Coverage Form 1. Pay its chosen appraiser; and • Floor Plan Coverage Form 2. Bear the other expenses of the appraisal • Jewelers Block Coverage Form and umpire equally. the following replaces the Water Exclusion in the C. General Condition C. Legal Action Against Us in Coverage Form: the Commercial Inland Marine Conditions is re- (1) Flood, surface water, waves (including placed by the following: tidal wave and tsunami), tides, tidal wa- C. Legal Action Against Us ter, overflow of any body of water, or No one may bring a legal action against us un- spray from any of these, all whether or der this Coverage Part unless: not driven by wind (including storm 1. There has been full compliance with all the surge); or terms of this Coverage Part; and (2) Waterborne material carried or other- wise moved by any of the water referred 2. The action is brought within two years after to in Paragraph (1). you first have knowledge of the direct loss or damage. This exclusion applies if any of the above, If this action is brought pursuant to Sec. 3 of in Paragraphs (1) and (2): RCW 48.30 then 20 days prior to filing such an (a) Occurs independently; action, you are required to provide written no- (b) Is caused by an act of nature; tice of the basis for the cause of action to us (c) Is caused by an act or omission of hu- and the Office of the Insurance Commissioner. mans or animals; or Such notice may be sent by regular mail, regis- tered mail, or certified mail with return receipt (d) Is attributable to the failure, in whole or requested. in part, of a dam, levee, seawall or other boundary or containment system. CM 01 07 03 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 But if any of the above, in Paragraphs (1) But if loss or damage by fire, explosion or theft and (2), results in fire, explosion or theft, we results, we will pay for the loss or damage will pay for the loss or damage caused by caused by that fire, explosion or theft if these that fire, explosion or theft if these causes causes of loss would be covered under this of loss would be covered under this Cover- Coverage Form. age Form. This exclusion only applies to property at your This exclusion only applies to property at premises. your premises. H. Except as provided in Paragraph I., the following F. The Weather Conditions Exclusion is deleted sentence is added to each exclusion in: from the following: 1. Paragraph B.3. of all Commercial Inland Ma- • Commercial Articles Coverage Form rine Coverage Forms except the Mail Cover- • Physicians And Surgeons Equipment Cover- age Form and the Accounts Receivable Coy- age Form erage Form; and • Signs Coverage Form 2. Paragraph B.4. of the Accounts Receivable • Theatrical Property Coverage Form Coverage Form: But if loss or damage by a Covered Cause of Loss • Film Coverage Form results, we will pay for the loss or damage caused • Accounts Receivable Coverage Form by that Covered Cause of Loss. • Valuable Papers And Records Coverage Form I. In the Commercial Articles, Camera And Musical G. With respect to the: Instrument Dealers, Equipment Dealers, Physi- cians And Surgeons Equipment, Signs, Theatrical • Camera And Musical Instrument Dealers Coy- Property, Floor Plan, Jewelers Block and Valuable erage Form Papers And Records Coverage Forms, Exclusion • Equipment Dealers Coverage Form B.3.e. is replaced by the following: • Floor Plan Coverage Form e. Wear and tear, any quality in the property that • Jewelers Block Coverage Form causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, deprecia- the Weather Conditions Exclusion is replaced by tion; mechanical breakdown; insects, vermin, the following exclusion: rodents; corrosion, rust, dampness, cold or a. Weather Conditions heat. But if loss or damage by a cause of loss not otherwise excluded or by collapse, as pro- A weather condition which results in Water, as vided in the Additional Coverage Collapse, re- described in Paragraphs E.(1)and E.(2). sults, we will pay for the loss or damage caused by that Covered Cause of Loss. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CM 01 07 03 09 ❑