Loading...
HomeMy WebLinkAbout6395 -COI_Hermand Pumbing, LLC - 2024CERTIFICATE OF LIABILITY INSURANCE DATE(M 'ORO 06/30//2023 Y) 023 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 NAME: NAME: ' Deana McIntyre Brown & Brown of Washington, Inc. PHONE FAX A/C No Ext : A/C, No): 227 NW Lindvi Way E-MAIL Deana.Mclntyre@bbrown.com g y ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Poulsbo WA 98370 INSURERA: United Specialty Insurance Company INSURED INSURER B : Mutual of Enumclaw Insurance Company 14761 Herdman Plumbing, LLC INSURER C : Navigators Insurance Company PO BOX 4044 INSURER D : INSURER E : Silverdale WA 98383 INSURERF: COVERAGES CERTIFICATE NUMBER: 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. TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDY/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F OCCUR DAMAGE TO TED PREMISES (Ea ofccurrr nce) $ 50,000 MED EXP (Any one person) $ 5,000 A Y ATN2326539 07/01/2023 07/01/2024 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY F PE� LOC PRODUCTS - COMP/OPAGG $ 21000,000 OTHER: $ _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 130002000 X ANYAUTO BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS CPP0027204 07/01/2023 07/01/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 29000,000 X AGGREGATE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE BTN2320417 07/01/2023 07/01/2024 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN I PER STATUTE OTH- FOR A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑ NIA ATN2326539 07/01/2023 07/01/2024 E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Each Condition 5,0001000 C Pollution Liability SF22ECP000192NC 07/01/2022 07/01/2024 Aggregate 5,0001000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Bremerton is additional insured for operations of the named insured per attached general liability policy form CG2010 0413, when required by written contract. (:FRTIFIr:ATF N(11 r)FR 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 Sr Ste 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ST'AT� Oi WASNING"1'ON Department %J Labor &Industries Certificate of Workers' Compensation Coverage L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? License No. License Expiration June 30, 2023 � 602 583 413 114,834-00 HERDMAN PLUMBING LLC HERDMAN PLUMBING LLC Account is current. Quarter 1 of Year 2023 "31 to 50 Workers" Employer Services Help Line, (360) 902-4817 Yes 03/14/2024 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). POLICY NUMBER: ATN2326539 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) As Required By Written Contract, Fully Executed Prior To The Named Insured 's Work Information required to complete this Schedule, if not shown s) Of Covered Operations Hs Kequirea fey written contract, ruiiy Executed Prior To The Named Insured's Work will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" pp y y property damage occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 Policy #ATN2326539 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 051 00 (02/20) PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART, and supersedes any provision to the contrary: Primary and Non -Contributory Insurance Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: a. (1) The Additional Insured is a Named Insured under such other insurance; and (2) A fully written contract fully executed prior to the Named Insured's commencement of work for such Additional Insured for the specificproject that is the subject of the claim, "suit," or "occurrence" expressly requires that this insurance: (i) apply on a primary and non-contributorybasis; and (ii) would not seek contribution from any other insurance available to the additional insured. rT b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non-contributory basis. Name Of Persons Or Or anization s As Required By Written Contract, Fully Executed Prior To The Named Insured's Work. All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 051 00 (02/20) Page 1 of 1 POLICY NUMBER: ATN2326539 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location And Description Of Completed Operations As Required By Written Contract, Fully Executed Prior To The Named Insured's Work As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ATN2326539 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: As Required By Written Contract, Fully Executed Prior To The Named Insured's Work Information required to com lete 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 C] Policy #ATN2326539 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ ITCAREFULLY, VEN Ulu U1 (uints) POLICY LIMITATION -TOTAL AGGREGATE LIMIT FOR ALL CONSTRUCTION PROJECTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE SECTION III -LIMITS OF INSURANCE - 2, is amended by the addition of the following: d. The General Aggregate Limit, shown in the Policy Declarations, applies separately to each "construction project". e. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances shall we pay more than $5,0002000 for all claims under this policy that are subject to the General Aggregate Limit. The following are added to the DEFINITIONS section of this policy: "Construction project" means any construction project, development, property, or group of properties, including all premises, phases, lots, and areas of such project, development, or property, and any building or group of buildings or other structures contained in any business or housing project, development, subdivision, or business park. If a construction project, or construction activity related thereto, has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same location or construction project under this endorsement. Mukiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract or master contract are not considered separate "construction projects" within the meaning of this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. VEN 079 01 (03/18) Page 1 of 1 Policy #ATN2326539 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 064 00 (01/15I THIRD PARTY CANCELLATION NOTICE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If we cancel this policy for any reason other than nonpayment of premium, we will mail notification to the persons or organizations shown in the schedule below (according to the number of days listed below) once the Named Insured has been notified. If we cancel this coverage for nonpayment of premium, we will mail a copy of such written notice of cancellation to the name and address below at least 10 days prior to the effective date of such cancellation. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name and Address of Other Person/Organization Number of Days Notice Per schedule on file with the company 30 All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 064 00 (01/15) Page 1 of 1 COMMERCIAL AUTO EA 99 11 03 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I —COVERED AUTOS Paragraph C.1. is deleted and replaced with the following: 1. Trailers a. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads; or b. "Trailers" designed primarily for travel on public roads when: (1) Pulled by an owned private passenger auto specifically described in Item Three of the Declarations as a covered "auto" for Liability Coverage under this Coverage Form; and (2) Not used for business, farming or ranching purposes. Private passenger auto means a motor vehicle of the private passenger, station wagon, pickup or van type designed for use on public highways and subject to motor vehicle registration. The following is added: D. Temporary Substitute Autos —Physical Damage If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. The coverage that applies is the same as the coverage provided for the vehicle being replaced. Physical Damage Coverage is extended to the temporary substitute auto for the lesser of the following number of days: The number of days reasonably required to 1. repair or replace the covered "auto" that is out of service; or 2. 30 days. The following changes revise SECTION II —LIABILITY COVERAGE The following is added to Paragraph A.1.: d. Blanket Additional Insured Any person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies. A person's or organization's status as an additional insured under this endorsement ends when your contract or agreement with such person or organization ends. The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations of this policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the declarations for the Named Insured. This Coverage does not apply to lessors of leased "autos". EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 6 e. Broadened Named Insured 2. Towing Any business entity newly acquired or We will pay up to $200 for a covered "auto" for formed by you during the policy period towing and labor costs incurred each time the provided you own 51% or more of the covered "auto" is disabled. However, the labor business entity and the business is not must be performed at the place of disablement. separately insured for Business Auto This coverage is excess over Coverage. Coverage is extended up to a maximum of 180 days following acquisition a. any limit shown in the Declarations for or formation of the business entity or until towing and labor costs; and the end of the policy period, whichever be any other collectible insurance. comes first. This coverage applies only for an "auto" f. Employee Hired Auto covered on this policy for An "employee" of yours is an "insured" while c. Comprehensive or Specified Causes of operating an "auto" hired or rented under a Loss Coverage; and contract or agreement in that "employee's" d. Collision Coverage. name, with your permission, while performing duties related to the conduct of The following is added to Paragraph A.3 your business. Glass Repair — Waiver of Deductible Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Paragraph 8.5. is deleted and replaced with the wg folloin: 5. Fellow Employee "Bodily Injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager or supervisor.; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. The following changes revise SECTION III PHYSICAL DAMAGE COVERAGE This coverage applies only for a A. COVERAGE covered "auto" for No deductible will apply to glass breakage if Paragraph A.4.a. is deleted and replaced with the following: 4. Coverage Extensions a. Limited Rental Reimbursement or Travel Expense We will pay up to $75 per day to a maximum of $2,250 for rental reimbursement expenses for the rental of an "auto" or other transportation expense incurred by you because of "loss" to a covered "auto" which is covered by Comprehensive, Specified Causes of Loss, or Collision coverage under this policy. No deductible applies to this coverage. (1) We will pay only for those expenses incurred as a result of a covered "loss" occurring during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (2) Our payment under this Coverage Extension (4.a.) is limited to the lesser of the necessary and actual expenses incurred or the maximum amount shown, $2,250, EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 6 (3) Coverage under this Coverage Extension (4.a.) does not apply while there are spare or reserve "autos" available to you for your operations. (4) If a covered "auto" is described or designated as a covered "auto" on endorsement EA 99 01, the coverage provided by this extension is excess over coverage provided by endorsement EA 99 01. The following is added to paragraph A.4. c. Q Tapes, Records and Discs "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". (b) We will pay with respect to a covered "auto" described in the Schedule for "loss" to any accessories used with the electronic equipment described in Paragraph (1)(a) above. However, this does not include tapes, records or discs. We will pay for "loss" to tapes, records, (2) Exclusions compact discs, or other similar devices used with audio, visual or data electronic The exclusions that apply to Physical devices. Damage Coverage, except for the exclusion relating to Audio, Visual and (1) We will pay only if the tapes, records, Data Electronic Equipment, also apply compact discs, or other similar devices: to coverage provided by this extension. (a) Are your property or that of a family In addition, the following exclusions member; or apply: (b) Are the property of an "employee" We will not pay, under this extension, using a covered "auto" in your for either any electronic equipment or business affairs at the time of the accessories used with such electronic "loss"; and equipment that is: (c) Are in a covered "auto" which (a) Necessary for the normal operation sustains other covered "loss" under of the covered "auto" or the Comprehensive or Collision monitoring of the covered "auto's" coverage at the time of the "loss" to operating system; or tapes, records, compact discs, or (b) An integral part of the same unit other similar devices. housing any sound reproducing (2) The most we will pay for "loss" under equipment designed solely for the this Coverage Extension (4.c.) is $200. reproduction of sound if the sound (3) Physical Damage Coverage provisions reproducing equipment is apply to this coverage, except that any permanently installed in the deductible applicable to covered "auto" in the opening of the Comprehensive or Collision coverage dash or console normally used by does not apply to this Coverage the manufacturer for the installation Extension (4.c.), of a radio. Audio, Visual and Data Electronic (3) Limit of Insurance Equipment With respect to coverage under this (1) Coverage extension the Limit of Insurance provision of Physical Damage (a) We will pay with respect to a Coverage is replaced by the following: covered "auto" described in the (a) The most we will pay for all "loss" to Schedule for "loss" to any electronic audio, visual or data electronic equipment that receives or equipment and any accessories transmits audio, visual or data signals and that is not designed used with this equipment as a result solely for the reproduction of sound, of any one "accident" is the lesserof: This coverage applies only if the equipment is permanently installed (i) The actual cash value of the in the covered "auto" at the time of damaged or stolen property as the "loss" or the equipment is of the time of the "loss"; removable from a housing unit which is permanently installed in the covered "auto" at the time of the EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 6 e. i� (ii) The cost of repairing or g. Camper Bodies replacing the damaged or In the event of a "loss" to a detached stolen property with other "camper," physical damage coverage will property of like kind and quality; apply as if it were part of the covered "auto" or on which it is rated. (iii) $500. h. Contents of a Travel Trailer, Camper or (b) An adjustment for depreciation and Motor Home physical condition will be made in When a Travel Trailer, "Camper" or Motor determining actual cash value at Home is a scheduled auto for physical the time of the "loss". damage coverage, we will pay up to $1,000 (c) If a repair or replacement results in for "loss" to personal property belonging to better than like kind or quality, we you or a family member that is within the will not pay for the amount of Travel Trailer, "Camper" or Motor Home. betterment. We will pay up to $250 for "loss" to personal (4) Deductible property belonging to you or a family member that is outside the Travel Trailer, No deductible applies to this coverage. "Camper" or Motor Home. The insurance provided by this extension is (1) We will not pay for "loss" to: excess over any other collectible insurance. (a) Articles carried or held for sale, Custom Signs and Decorations storage or repairs, or for later Physical Damage coverage on a covered delivery; goods kept to show or sell; "auto" may be extended to "loss" to custom or theatrical wardrobes. signs and decorations including custom (b) Business, store of office furniture or murals, paintings or other decals or equipment. graphics. (c) Records or accounts, money, Our limit of liability for loss to custom signs bullion, deeds, contracts, evidences and decorations shall be the least of: of debt, securities, tokens or tickets, (1) Actual cash value of the stolen or stamps in current use or damaged property; manuscripts. (2) Amount necessary to repair or replace (d) Animals, private passenger "autos," the property; or motorcycles, aircrafts, boats or any (3) $500o other motorized vehicles or their equipment, furnishings or Personal Effects Coverage appurtenances. (1) Physical Damage Coverage on a (e) Equipment or accessories while covered "auto" may be extended to your Travel Trailer, "Camper" or "loss" to your "personal effects" or, if Motor Home is leased or rented to you are an individual, the "personal any organization or any person effects" of a family member, that are in other than you or a family member. the covered "auto" at the time of the (2) The maximum we will pay for "loss" is "loss". the lesser of: (2) "Personal effects" as used in this (a) The actual cash value of the extension means tangible property that is worn or carried by the "insured personal property at the time of If loss" "Personal effects" does not include ; tools, jewelry, money, securities, radar (b) The cost of repairing the damage; or laser detectors, or tapes, records, or discs or similar audio, visual or data (c) The cost of replacing the damaged electronic equipment. personal property with other (3) The most we will pay for any one "loss" personal property of like kind, under this coverage extension is $500. condition, quality and value. No deductible applies to this extension. The insurance provided by this extension is excess over any other collectible insurance. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 6 Vacation Expense Allowance We will pay you $50 per day to a maximum of $500 for extra expenses when a Travel Trailer, "Camper" or Motor Home is a scheduled auto for physical damage coverage, and the Travel Trailer, "Camper" or Motor Home: (1) Is damaged or destroyed and is uninhabitable; and (2) While being used for vacation purposes within the policy period. Extra expenses must by supported by receipts or other valid evidence. The following is added to Paragraph A.: 6. 7. Extra Expense —Broadened Coverage We will pay for the direct expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. This coverage will only apply to vehicles recovered inside the 48 contiguous United States. This coverage does not apply to an "auto" we deem a total "loss". Auto Loan/Lease Gap Coverage In the event of a covered total "loss" to a covered "auto" described or designated in the Schedule or in the Declarations, we will pay up to $2,000 for any unpaid amount due on the lease or loan for a covered "auto" less: a. The Amount paid Damage Coverae g policy; and under the Physical section A.1. of the b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the Lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Hired Auto Physical Damage Coverage If hired "autos" are covered 'autos' for Liability Coverage and if Comprehensive, Specified Causes of Loss or Collision Coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or the cost to repair and replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. If a limit for Hired Auto Physical Damage is cated in the Declarations, then that limit replaces, and is not in addition to, the $50,000 t indicated above. The following is added to Paragraph B.3.a.: Airbag Coverage —Accidental Deployment However, this exclusion does not apply to the unintended inflation of an airbag if the inflation is caused by mechanical or electrical breakdown. The following is added to Paragraph C.2. New Vehicle Replacement Cost If, however, a "loss" occurs to your covered "auto" within 180 days of your purchase of the "auto" and, we deem the covered "auto" to be a total "loss" and it has not been previously titled under the motor vehicle law of any state, we will pay at your option: a. the cost to replace the covered "auto" with a new "auto" of like make, model and year; or b. an amount equal to the original purchase price you paid to acquire the vehicle, including taxes, but excluding any extended warranties and licensing fees. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs, or less gross vehicle weight). EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 6 The following changes revise SECTION IV — BUSINESS AUTO CONDITIONS The following is added to Paragraph A.2.a.: Amended Duties in the Event of an Accident, Claim, Lawsuit or Loss However, this duty is only required when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6, Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. The following is added to Paragraph 13.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: a. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee'sname, with your permissi " on, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto The following is added to Paragraph B.5. d. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a. above will apply. The following changes revise SECTION V — DEFINITIONS The following is added: Q. "Camper" means a portable dwelling unit without axles or wheels that has been manufactured for attachment on the bed of a pickup truck to be used for casual travel or camping. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 Of 6 t tsl V ! i t> f,,l, f t tI .f. ;�A t_ Various provisions in this policy restrict coverage. This policy contains multiple coverages. Some coverages in this policy contain claims -made insuring agreements that apply only when a claim is first made against an insured and reported to us during the policy period. For providing general notice of a claim or loss, please refer to SECTION V. RIGHTS AND DUTIES OF INSURED AND US. Special reporting requirements apply to any coverage for emergency response costs. Read the entire policy carefully to determine your rights and duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations, and any other person or organization qualifying as a named insured under this policy. The words we, us and our refer to the company, listed in the Declarations, providing this insurance. The word insured means any person or organization qualifying as such under SECTION II. WHO IS AN INSURED. Words and phrases other than headings that appear in bold type have special meaning. Refer to SECTION VII. DEFINITIONS for the meaning. In consideration of the premiums paid and upon our reliance on the statements made in the application to this policy, including any supporting documentation or information submitted in connection with the application, and in accordance with all the terms, conditions, exclusions and limitations contained in this policy, we agree to provide coverage to the insured as follows: SECTION I. COVERAGES AND COVERAGE EXCLUSIONS 1. Insuring Agreements The following coverages apply only if scheduled with limits in the Declarations: A. Operations Pollution Liability 1. We will pay on behalf of the insured the loss the insured becomes legally obligated to pay because of a pollution incident that takes place in the coverage territory, is caused by your work, and results in: a. a claim for bodily injury, property damage or environmental damage if such injury or damage takes place during the policy period; or b. emergency response costs you incur responding to environmental damage. 2. Any progressive or indivisible bodily injury, property damage or environmental damage, including any continuation, change or resumption of such injury or damage, which occurs over a period of days, weeks, months or longer caused by continuous or repeated exposure to the same, related or continuous pollution incident shall be deemed to have occurred only once and only: a. on the date of first exposure to such pollution incident; or b. during the policy period of the first policy issued to you by us or our affiliate providing substantially the same coverage as provided by this policy for bodily injury, property damage or environmental damage that takes place during the policy period, but only if: NAV ECP-O TLKT II (03113) Page 1 of 24 (i) the date of first exposure cannot be determined; and (ii) the bodily injury, property damage or environmental damage continues in fact during this policy period. 3. If the same, related or continuous pollution incident, or any continuation, change or resumption thereof, takes place over the periods of multiple policies issued to you by us or our affiliate providing substantially the same coverage as provided by this policy for bodily injury, property damage or environmental damage that takes place during the policy period: a. all such bodily injury, property damage or environmental damage shall be deemed to have taken place only during the policy period of the first such policy in which any of the bodily injury, property damage or environmental damage took place; and b. all loss arising from all such bodily injury, property damage or environmental damage shall be deemed to have arisen from one pollution incident and shall be subject to the limits of liability in effect for such first policy period. B. Site Pollution Liability 1. Discovery of a Sudden Pollution Incident We will pay on behalf of the insured the loss the insured becomes legally obligated to pay because of environmental damage or emergency response costs caused by a pollution incidentthat: a. takes place in the coverage territory; b. is on, under or migrating from or through an insured site; c. first begins at a demonstrable time and place during the policy period; and d. is discovered by you no later than fifteen (15) calendar days after it first begins, and is reported to us no later than thirty (30) calendar days following discovery. 2. Third Party Claims Caused by a Sudden Pollution Incident We will pay on behalf of the insured the loss the insured becomes legally obligated to pay because of a claim for bodily injury, property damage or environmental damage caused by a pollution incident that: a. takes place in the coverage territory; b. is on, under or migrating from or through an insured site; c. first begins at a demonstrable time and place during the policy period; and d. is discovered by you no later than fifteen (15) calendar days after it first begins, and is reported to us no later than thirty (30) calendar days following discovery. This insurance applies only if the claim is first made against an insured and reported to us during the policy period, or, if applicable, during the extended reporting period. When a claim is first made against an insured and reported to us during the policy period or, if applicable, during the extended reporting period, any subsequent claim arising out of the same, related or continuous pollution incident, or any continuation, change or resumption of such pollution incident that is first made against an insured and reported to us under a subsequent policy issued to you by us or by our affiliate, providing substantially the same coverage as this policy, will be deemed to have been first made and reported during the policy period of this policy. However, coverage for such claims under this policy will apply only if you have maintained with us or our affiliate, on a continuous and uninterrupted basis from the time of the first such claim is made and reported to us, pollution liability coverage that provides substantially the same or similar coverage as this policy. NAV ECP-O TLKT II (03/13) Page 2 of 24 3. Coverage B Exclusions In addition to Section 1.4, Common Exclusions below, this Coverage B. Site Pollution Liability does not apply to any claim or loss: a. Asbestos and Lead -based Paint arising out of any asbestos orasbestos-containing materials or lead -based paints, in, upon or applied to any man-made structures or objects. However, this exclusion does not apply to any: (1) claim for bodily injury or property damage; or (2) environmental damage because of: (a) asbestos, asbestos -containing materials, or lead -based paints in soil, groundwater or any other body of water; or (b) the inadvertent disturbance of asbestos, asbestos -containing materials, or lead -based paints. However, this policy does not apply to cleanup costs, removal, abatement or encapsulation of any such materials not inadvertently disturbed or otherwise still located in building structures or components as originally intended. b. Change in Use for environmental damage arising out of a change in use or operations at an insured site that results in remediation standards that are more restrictive than those standards applicable as of the inception date. c. Pollution Incidents After an Insured Site is Divested arising out of a pollution incident that begins after the date an insured site is sold, given away or abandoned. d. Underground Storage Tanks arising out of the presence or former presence of any underground storage tank at an insured site. However, this exclusion does not apply to any underground storage tank: (1) disclosed in the application for this insurance and subsequently listed on a Schedule of Underground Storage Tank endorsement attached to this policy; (2) removed or abandoned in -place prior to the inception date, provided any removal or abandonment in -place by you or on your behalf was conducted in compliance with all applicable federal, state, municipal or provincial regulations; or (3) the existence of which is unknown to any responsible insured as of the inception date. C. Environmental Crisis Management We will pay those crisis management fees incurred by you as a direct result of a crisis management event that: 1. begins during the policy period; 2. is discovered by you and reported in writing to us during the policy period; and 3. directly results from a pollution incident to which this policy, or any policy issued to you by us to or our affiliate which this policy is a continuous renewal, applies. We will pay those crisis management fees you incur even if coverage hereunder is still to be confirmed by us but we will stop paying such fees if we conclude that this insurance does notapply. NAV ECP-O TLKT II (03/13) Page 3 of 24 Knowledge by a responsible insured that a crisis management event has taken place constitutes discovery on your part. The pollution incident must be unknown to all responsible insureds as of the inception date, or the effective date of any policy issued to you by us or our affiliate to which this policy is a continuous renewal. 2. Defense We will have the right and duty to defend the insured against any suit seeking loss to which this insurance applies. However, we will have no duty to defend the insured against any suit seeking loss to which this insurance does not apply. We may, at our discretion, investigate any pollution incident and settle any claim that may result. But: a. the amount we will pay for loss is limited as described in SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE; and b. our right and duty to defend or continue defending ends when we have used up the applicable limits of liability in the payment of loss. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section 1.3. Supplementary Payments immediately below. 3. Supplementary Payments A. We will pay, with respect to any claim we investigate or settle, or any suit against an insured that we defend: 1. All expenses we incur. 2. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the suit, including actual loss of earnings up to $1,000 a day because of time off from work. 3. All court costs taxed against the insured in a suit. However, these court costs do not include attorneys' fees or attorneys' expenses taxed against the insured. 4. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of liability, we will not pay any prejudgment interest based on that period of time after the offer; or 5. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of liability. These payments will not reduce the limits of liability. B. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met: 1. the suit against the indemnitee seeks loss for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract; 2. this insurance applies to such liability assumed by the insured; 3. the obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same insured contract; 4. the allegations in the suit and the information we know about the pollution incident giving rise to loss hereunder are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 5. the indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and NAV ECP-O TLKT II (03113) Page 4 of 24 6. the indemnitee: a. agrees in writing to: (1) cooperate with us in the investigation, settlement or defense of the suit; (2) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the suit; (3) notify any other insurer whose coverage is available to the indemnitee; and (4) cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and b. provides us with written authorization to: (1) obtain records and other information related to the suit; and (2) conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us, and necessary litigation expenses incurred by the indemnitee at our request, will be paid as Supplementary Payments. Notwithstanding the provisions in Section 1.4. Common Exclusions, paragraph a.2., such payments will not be deemed to be loss and will not reduce the limits of liability. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limits of liability in the payment of loss under this policy, or any of the conditions set forth above in this paragraph B. are no longer met. 4. Common Exclusions The following exclusions apply to all coverages under this policy. This insurance does not apply to: a. Contractual Liability any claim or loss arising out of the liability of others assumed by any insured in a contract or agreement. This exclusion does not apply to liability: 1. that the insured would have in the absence of the contract or agreement; or 2. assumed in a contract or agreement that is an insured contract, provided any injury or damage to which this policy applies begins subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be loss to which this policy applies, provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and (b) such attorney fees and litigation expenses are for defense of that party in a suit in which loss to which this insurance applies are alleged. b. Criminal Fines, Penalties or Assessments criminal fines, criminal penalties or criminal assessments. c. Damage to Property property damage or environmental damage to: NAV ECP-O TLKT 11 (03/13) Page 5 of 24 1. real or personal property you own, rent or occupy, other than property you use for temporary storage or staging in connection with your work; 2. personal property loaned to you; or 3. personal property in the care, custody or control of an insured, other than an insured which is an insured because of an insured contract. However, this exclusion does not apply to environmental damage to which Coverage 1.6. Site Pollution Liability applies. d. Damage to Your Work property damage or environmental damage to your work arising out of it or any part of it. However, this exclusion does not apply: 1. if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or 2. to completed operations. e. Employer's Liability bodily injury to: 1. your employee arising out of and in the course of: (a) employment by you; or (b) performing duties related to the conduct of your business; or 2. the spouse, child, parent, brother or sister of that employee as a consequence of paragraph 1. immediately above. This exclusion applies whether you may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to liability you assume in an i Hnsured contract. f. Expected or Intended Injury or Damage bodily injury, property damage or environmental damage expected or intended from the standpoint of a responsible insured. g. Intentional Acts INon-compliance any claim or loss based upon or arising out of a responsible insureds: 1. dishonest, fraudulent, malicious, or knowingly wrongful act; or 2. willful or deliberate disregard of, or failure to comply with, environmental laws including any statute, regulation, ordinance, administrative complaint, notice of violation, directive, order, or instruction made by or on behalf of any governmental body or agency, applicable to a pollution incident. However, paragraph 2. of this exclusion does not apply if the responsible insured's action was taken in good faith in reliance upon written advice of outside counsel received in advance of such non-compliance or to emergency response costs. h. Nuclear Materials any claim or loss based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which: NAV ECP-O TLKT II (03113) Page 6 of 24 1. you are required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or 2. you are, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. i. Prior Knowledge 1. bodily injury, property damage, environmental damage, or emergency response costs that occurred in whole or in part prior to the policy period and was known to any responsible insured prior to the policy period. Any continuation, change or resumption of such pollution incident will be deemed to have been known to the responsible insured prior to the policy period; or 2. with respect to Coverage 1.A. Operations Pollution Liability, a pollution incident known by a responsible insured as of the inception date. However, subpart 2. of this exclusion does not apply to any known pollution incident that, as of the inception date, results from the work or operations of others and not your work. j. Related Entities and / or Individuals any claim made against you by any person, entity or organization: 1. that is owned, managed, or controlled by you or in which you have an ownership interest in excess of twenty-five (25%) percent; 2. of which you are an officer, partner, or director; or 3. that owns, operates, or manages you. k. Transportation any claim or loss based upon or arising out of property damage to any conveyance including, but not limited to, any motor vehicle, rolling stock, aircraft or water craft. However, this exclusion does not apply to any claims brought by third -party carriers alleging negligence on your part. bodily injury, property damage or environmental damage, however caused, arising, be it directly or indirectlyI out of: 1. war, including undeclared or civil war; 2. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. m. Waste Disposal any claim or loss arising out of the disposal of any products or materials, including, but not limited to, your products or waste, that have been delivered to any premises, location, or facility for the purpose of treatment, storage, processing, recycling or disposal. However, this exclusion does not apply to a pollution incident on, under or migrating from or through a waste disposal facility or a third -party jobsite at which you physically perform your work and the pollution incident is the result of thatwork. NAV ECP-O TLKT II (03/13) Page 7 of 24 n. Workers' Compensation and Similar Laws any claim or loss arising out of any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. o. Your Product any claim or loss arising out of your product after you have relinquished possession of it to a third party. This exclusion does not apply to your products that you install or repair as part of yourwork. SECTION II. WHO IS AN INSURED In addition to the named insured listed in Item 1. of the Declarations, and any named insured added to this policy by endorsement, the following persons or entities are insureds under this policy: 1. If you are designated in the Declarations as: a. an individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. a partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. a limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. an organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. es a trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your volunteer workers, but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) bodily injury: (a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company); or (b) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) immediately above. (2) property damage or environmental damage to property: (a) owned, occupied or used by, or (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by, you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. NAV ECP-O TLKT II (03/13) Page 8 of 24 c. Any person or organization having proper temporary custody of your property if you die, butonly: (1) with respect to liability arising out of the maintenance or use of that property; and (2) until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain a majority ownership interest, will qualify as a named insured if there is no other similar insurance available to that organization. However, coverage for any newly acquired or formed organization: a. is afforded only until the one hundred and twentieth (120`h) days after you acquire or form the organization, or the end of the policy period, whichever is earlier; b. applies only if you provide written notification to us within one hundred and twenty (120) days after the date of such acquisition or formation or before the end of the policy period, whichever is earlier; c. if, in our sole discretion, we determine additional premium is to be charged you are responsible to pay the additional premium when due; and da does not apply to any bodily injury, property damage, environmental damage, or crisis management event that occurred, or any pollution incident that began, before you acquired or formed the organization. No coverage will be afforded subsequent to the one hundred and twentieth (120�h) day after you acquire or form any new organization unless and until such organization is specifically endorsed onto the policy by us. The first named insured may request that any such newly acquired or formed organization be added to the policy; however, in our sole discretion, additional underwriting information and premium may be required. If we consent to adding any newly acquired or formed organization, the first named insured is responsible to pay any additional premium when due. 4. Any person or organization that has at least a majority ownership or controlling interest in you is an insured, but only with respect to bodily injury, property damage, environmental damage, or emergency response costs arising out of your work and solely with respect to their financial control of you. 5. Any person or organization, including your clients for whom you perform your work, whom you agree to include as an insured in an insured contract is an insured, but only with respect to a pollution incident arising out of your work and only: a. if the contract or agreement is executed and effective prior to the date any pollution incident to which this policy applies first began; and b. for the lesser of the: (1) minimum limits required by the contract, agreement or permit; or (2) applicable limits of liability in this policy. No person, organization or entity is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE 1. The limits of liability shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. claims made or suits brought; b. persons or organizations making claims or bringing suits; c. insureds; d. pollution incidents; or e. crisis management events. NAV ECP-O TLKT II (03/13) Page 9 of 24 E 3 4. 5. Related or Continuous Pollution Incidents All of the same, related or continuous pollution incident(s), will be treated as one pollution incident, and subject to one Each Incident Limit and one deductible as described in paragraphs 3. and 8. below, respectively. Each Incident Limit Subject to paragraphs 4. and 5. below, the Each Incident Limit shown in Item 3. of the Declarations is the most we will pay under this policy for all loss arising out of any one pollution incident. Coverage Section Aggregate Limit Subject to paragraph 5. below, the Coverage Section Aggregate Limit shown in Item 3. of the Declarations is the most we will pay for all loss under the applicable coverage section. Policy Aggregate Limit The Policy Aggregate Limit shown in Item 3. of the Declarations is the most we will pay for all loss covered under this policy. Environmental Crisis Management Limit Subject to paragraphs 3., 4., and 5. above, the Environmental Crisis Management Limit set forth in Item 3. of the Declarations is the most we will pay under this policy for all crisis management events covered under this policy. Any series of related crisis management events arising out of any same, related, or continuous pollution incident, will be treated as a single crisis management event. 7. Multiple Coverage Sections Subject to paragraph 3. above, only the highest applicable Each Incident Limit set forth in Item 3. of the Declarations, and the deductible corresponding to such coverage section, shall apply to the sum of all loss under all coverages arising out of any one pollution incident or the same related or continuous pollution incident. 8. Deductible The limits of this insurance apply in excess of the applicable deductible shown in Item 3. of the Declarations. The deductible applies to all loss arising out of any one pollution incident or the same, related or continuous pollution incident. Crisis management fees are not subject to any deductible. If, in the defense of a suit or settlement of a claim or suit or in the payment of loss we pay any part or all of the deductible, then upon our notification to you of such action taken, you shall promptly reimburse us the deductible amount that has been paid by us. 9. Policy Term The limits of liability of this policy apply to the entire policy period. If the policy period is extended after issuance for an additional period, the additional period will be deemed part of the last preceding period for purposes of determining the limits of liability. NAV ECP-O TLKT II (03113) Page 10 of 24 ❑ SECTION IV. CONDITIONS 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy. When we Jo appeal, we will pay all costs associated with the appeal in addition to the limits of liability. Any such appeal will not increase our limits of liability. 2. Application and Representations By accepting this policy, you understand and agree that the statements in the application, including any supporting documentation or information submitted in connection with the application for this insurance, are made a part of this policy; are accurate and complete; that those statements are material representations you have made to us; and that we have issued this policy in reliance upon your representations. 3. Assignment The interest of any insured under this policy is not assignable, unless and until our consent to such assignment is endorsed hereon. 4. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. 5. Cancellation a. The first named insured may cancel this policy at any time by surrender of the policy to us, or by providing us advanced written notice of the cancellation date. b. We may cancel this policy by providing the first named insured written notice of cancellation: (1) at least 10 days in advance if we cancel for non-payment of premium; or (2) at least 90 days in advance, but cancellation by us is limited to the following reasons: (a) fraud or material misrepresentation on the part of an insured; or (b) a change in your business activities, your work or operations at any insured site that materially increases our risk under this policy. c. We will mail or deliver our notice to the first named insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on thatdate. e. If this policy is cancelled, we will send the first named insured any return premium, if any, will be calculated per SECTION IV. CONDITIONS, paragraph 17. Premium. The cancellation will be effective even if we have not made or offered a refund. 6. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this insurance or estop us from asserting any right under the terms of this insurance; or shall the terms of this insurance be waived or changed, except by endorsement issued to form a part of this insurance and signed by us. NAV ECP-O TLKT II (03/13) Page 11 of 24 ❑ 7. Currency Any payment or reimbursement we make under this policy will be made in U.S. currency at the prevailing exchange rate on the date the judgment is rendered, or the date the amount of the settlement is agreed upon, or the date any other reimbursable expenditure is made by the insured. 8. Duties of the First Named Insured The first named insured is responsible for payment of the policy premium and for any policy deductible. The first named insured will also serve as the sole agent acting on behalf of all insureds with respect to receipt of notice under this policy, including notice of cancellation or non -renewal, receipt and acceptance of any endorsement or any other change to this policy, or return of any premium, unless any such responsibilities are otherwise designated by endorsement. 9. Economic and Trade Sanctions We shall not be deemed to provide cover and we shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose us to any sanction, prohibition or restriction under the trade or economi wc sanctions, laws or regulations of the United States of America. The United States of America trade or economic sanctions, laws or regulations shall include, but not be limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). 10. Enforceability If any part or provision of this policy is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of this policy, which shall be enforced to the fullest extent permitted by law. 11. Entire Agreement By acceptance of this policy, you agree with us that this policy and any written endorsements attached hereto constitute the entire agreement between the parties. The terms, conditions and limitations of this policy can be waived or changed only by written endorsement issued and signed by us. 12. Headings Headings or sub -headings that appear in this policy are intended for convenience only and do not form a part of the terms, conditions or substance of the policy. 13. Independent Counsel In the event that an insured is entitled by law to select, at our expense, independent counsel ("Cumis Counsel") to oversee our defense of a suit against the insured, the attorneys fees and all other litigation expenses we will pay to the independent counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar suits in the community where the suit is being defended. Any insured may, at any time, by signed consent, waive their right to select an independent counsel. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their legal competency including, but not limited to, experience in defending suits similar to the one pending against any insured and to require such counsel to have errors and omissions insurance coverage. The insured agrees that such counsel will respond to our request for information regarding the suit in a timely manner. NAV ECP-O TLKT 11 (03113) Page 12 of 24 0 14. Inspection and Audit By acceptance of this policy, you agree that we have the right, but not the obligation, to inspect or monitor on a continuing basis the operations or activities of your business which may give rise to any claim or loss under this policy. If we decide to exercise this right, we will inspect or monitor your operations or activities at a reasonable time of business. We will provide you or your broker or agent with reasonable notice as to the time and place of our inspection or monitoring, and we will seek your assistance with providing access to any locations, operations, books and records we intend to inspect or monitor. We may, subject to our sole discretion, report orally or in writing to you on the conditions we find and recommend changes. Any such reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections, nor do we undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. Further, nothing in our inspection, monitoring or reports shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine whether any conditions are safe, or whether any operations or facilities are in compliance with laws, regulations, codes or standards. 15. Legal Action Against Us No person or organization has a right under this policy: a. to join us or our affiliates as a party or otherwise bring us or our affiliates into a legal suit or legal proceeding asking for damages from an insured; or b. to sue us or our affiliates on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 16. Other Insurance If other valid and collectible insurance applies to any claim or loss covered under this policy, this insurance will apply in excess of such other valid and collectible insurance, whether primary, excess, contingent or on any other basis, unless such other insurance is written only as specific excess insurance over the limit of liability of this policy. When both this insurance and other insurance apply to any claim or loss on the same basis, then we will not be liable under this policy for a greater proportion of the loss than the lower of either (1) the limits of liability shown in the Declarations or (2) the amount determined by contribution amongst the policies, as follows: a. Contribution by Equal Shares - if all of the other insurance permits contribution by equal shares, we will also follow this method. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first; or b. Contribution by Limits - if any other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 17. Premium The premium shown in Item 5. of the Declarations is the premium for the coverage we provide for the policy period. If this policy is cancelled prior to its expiration date return premium will be calculated as follows: NAV ECP-O TLKT 11 (03/13) Page 13 of 24 0 a. if cancelled by us: [{(Premium) — (Minimum Earned Premium in Item 5. of the Declarations)} x (Pro Ratafactor)] b. if cancelled by the first named insured: [{(Premium) — (Minimum Earned Premium in Item 5. of the Declarations)} x {(Pro Rata factor) x (0.90)}]. 18. Right to Select Environmental Professionals You, with our prior written consent and approval, have the right and duty to designate and retain qualified environmental professionals to assist with the investigation or remediation of a pollution incident to which this policy applies. Our written consent is not required in the case of emergency response costs, however, you are still required to select a qualified environmental professional to conduct any investigation or remediation on your behalf, and the rates and fees we actually pay to the environmental professional for their services will be limited to the rates and fees we typically pay in the ordinary course of business in investigating and remediating similar pollution incidents in the community where the pollution incident giving rise to loss hereunder arose. Any costs or loss incurred by you prior to receiving our written consent and approval will not be covered under this policy or credited against the deductible, except in the case of emergency response costs. 19. Right to Select Legal Counsel We have the right to select legal counsel to defend the insured against any claim for bodily injury, property damage, environmental damage, or any other loss to which this insurance applies. Where allowable by law, we may appoint one counsel to represent or defend all insureds against any claim to which this insurance applies on a joint defense basis. 20. Separately Insured Project (Anti -Stacking of Limits) In the event that any claim or loss covered under this policy is also covered under one or more other pollution liability policies issued by us or our affiliate to any named insured under a policy issued for a specific project or projects, including, but not limited to, any owner or contractor controlled insurance program(s), owner's protective policy, wrap-up policy or similar insurance, then with respect to any such claim or loss, our obligations are limited as follows. a. we shall not be liable under this policy for a greater portion of the loss than the applicable limit of liability, less the deductible or retention amount (if any), that this policy bears to the total applicable limits of liability of all such policies referred to above; b. the maximum amount payable under all such policies referred to above shall not exceed the largest single applicable limit of liability under any such policies. With respect to any such claim or loss, the limits of liability under this policy may be reduced or exhausted by payments under this policy and/or payments under all such policies; and c. the sole applicable deductible or retention shall be that which applies under the policy with the largest single limit of liability as established in paragraph b. immediately above. 21. Separation of Insureds / Severability Except with respect to the limits of liability, any insured versus insured exclusion, cancellation, or any rights or duties specifically assigned to the first named insured, this insurance applies: a. as if each named insured was the only named insured; and b. separately to each insured against whom a claim is made. NAV ECP-O TLKT 11 (03113) Page 14 of 24 ❑ 22. Service of Suit It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder, we, at the request of the first named insured, will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of any of our rights to remove, remand, or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us upon this contract, we will abide by the final decision of the court or of any appellate court in the event of an appeal. It is further agreed that service of process upon us in such suit may be made upon the Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in the applicable statute governing service of process in the state or jurisdiction in which a cause of action arises under this contract of insurance, or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance. 23. Subrogation In the event of any payment under this insurance by us, we shall be subrogated to all the insured's rights of recovery against any person or organization. No insured shall do anything after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. With respect to Coverage 1.A. Operations Pollution Liability, we agree to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution incident giving rise to loss hereunder began. 24. Transfer of Defense Duties If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of loss, we will so notify the first named insured in writing as soon as possible. In the event that there are ongoing legal proceedings with respect to any claims against an insured, and any applicable limit of liability of this policy has been exhausted by the payment of loss, we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims or new claims against an insured. Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim or pay any loss after any applicable limit of liability of this policy is exhausted. 25. Voluntary Payments /Consent Other than emergency response costs or crisis management events, no insured shall, except at its own cost: a. voluntarily make any payment, assume any obligation, or incur any expense to which this policy applies without our prior written consent; or b. admit liability, offer to settle, or agree to any settlement in connection with any claim or suit without our prior written consent. When our written consent to a settlement is requested, you must promptly provide us with all information and particulars we may reasonably request, including, but not limited to, information which an insured may deem immaterial, in order to reach an informed decision as to such consent. Any loss or other costs, charges or expenses resulting from any admission of liability or agreement to settle incurred prior to our consent shall not be covered hereunder. NAV ECP-O TLKT 11 (03/13) Page 15 of 24 ❑ 26. When We Do Not Renew If we decide not to renew this policy, we will mail or deliver to the first named insured written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V. RIGHTS AND DUTIES OF INSURED AND US 1. Claim Reporting As a condition precedent to coverage under the policy, if an insured receives a claim or becomes aware of a pollution incident or crisis management event which may give rise to loss under this policy, the insured must notify us as soon as practicable utilizing any of the following methods: a. electronic mail to our San Francisco Claims Office at SFCLAIMS(a�navq com; or b. mail to our Schaumburg Claims Office at Navigators Insurance Attn: Environmental Claims Division 1375 East Woodfield Road Suite 720 Schaumburg, IL 60173 United States of America Notice to us should contain the following information: a. The current coritact information of the person giving notice to us; b. The time, date and location of the pollution incident or crisis management event; c. A description of the circumstances giving rise to the pollution incident or crisis management event including how and when you became aware of the pollution incident or crisis management event; d. The names and addresses of any injured persons or witnesses; and e. All other information which is relevant to the claim, pollution incident, or crisis management event. Thereafter, the insured is required to submit to us as soon as practicable, but in no event longer than sixty (60) days from the date of our request, any information related to the notice which we may reasonably request including but not limited to any relevant contracts, technical reports, laboratory data, field notes, or documents generated by an insured in the investigation of any potential loss hereunder, whether or not these materials are deemed by any insured to be relevant. If a claim is made against any insured, you must immediately send us copies of any demands, notices, summonses or legal papers received in connection therewith. If any insured reports any claim or pollution incident under this policy knowing such claim or pollution incident to be false or fraudulent, as regards to the amount or otherwise, this policy shall become null and void, and all coverage hereunder shall be forfeited. 2. Your Assistance and Cooperation Any insured who may have any information related to a notice of a claim or loss submitted to us is required to cooperate with us in all investigations, securing and giving evidence, and, with respect to depositions, hearings, arbitrations, mediations, trials and any other legal proceedings, including personal attendance and the assistance in securing the attendance of witnesses. NAV ECP-O TLKT II (03/13) Page 16 of 24 ❑ 3. Approval Process for Cleanup Costs With respect to any cleanup costs to which this insurance applies, the insured must: a. submit, for our preapproval, all proposed work plans prior to submittal to any regulatoryagency; b. submit, for our preapproval, all bids and contracts for cleanup costs prior to execution or issuance; and c. forward progress reports regarding cleanup costs to us at reasonable intervals and prior to any submittal to any regulatory agency that is authorized to review and approve such submittals. We shall have the right, but not the duty, to assume direct control of such cleanup costs. Any cleanup costs incurred by us will be deemed to have been incurred by the insured and will reduce both the limits of liability and the deductible set out in the Declarations. If we are prohibited under applicable law from investigating, defending or settling any such claim or suit, the insured shall, under our supervision, arrange for such investigation and defense thereof as is reasonably necessary, and subject to our prior authorization, shall effect such settlement thereof. 4. Your Duty and Our Right to Mitigate Once you become aware of a pollution incident, you are required to make a reasonable attempt to mitigate any loss and to comply with all applicable laws. If, in our sole judgment, you or any insured fails to take reasonable steps to mitigate a pollution incident which may give rise to loss hereunder, we will have the right but not the duty to take such steps as we deem appropriate to mitigate the pollution incident or resulting loss. Any loss incurred by us will be deemed to have been incurred by the insured and will reduce both the limits of liability and the deductible set out in the Declarations. SECTION VI. EXTENDED REPORTING PERIOD This Section VI. applies solely to Coverage B.2. Third Party Claims Caused by a Sudden Pollution Incident provided such coverage is purchased, and any other coverage that is added to this policy by endorsement and that applies to claims first made against an insured and reported to us during the policy period. If this policy is: a. cancelled by us for any reason other than failure to pay a premium when due or fraud on the part of an insured; b. non -renewed by us; or ee. cancelled by the first named insured; and you have not purchased any other insurance to replace this insurance, then you are entitled to an extended reporting period as outlined in paragraphs VI.1. or V1.2. below. The quotation by us of a different premium, or deductible, or limit of liability, or changes in policy language for the purpose of renewal, shall not constitute our refusal to renew. 1. Automatic Extended Reporting Period An extended reporting period of ninety (90) days will be automatically provided to you for no additional premium. The Automatic Extended Reporting Period begins on the date the policy is terminated. A claim first made against an insured during the policy period or the Automatic Extended Reporting Period and reported to us during the Automatic Extended Reporting Period will be deemed to have been made against the insured and reported to us on the last day of the policy period provided the claim arises from a pollution incident that began prior to the end of the policy period and would otherwise be covered under this policy. NAV ECP-O TLKT II (03/13) Page 17 of 24 ❑ 2. Supplemental Extended Reporting Period (Optional) Within thirty 30 days following the date this policy is terminated as described above in this Section VI., the first named insured may elect, by notification to us in writing, to purchase a Supplemental Extended Reported Period for an additional premium of not more than 200% of the full policy premium. The available duration of the Supplemental Extended Reported Period will be up to a maximum of thirty-six (36) months. The Supplemental Extended Reporting Period begins on the date the policy is terminated. A claim first made against an insured during the policy period or the Supplemental Extended Reporting Period and reported to is during the Supplemental Extended Reporting Period will be deemed to have been made against an insured and reported to us on the last day of the policy period provided the claim arises from a pollution incident that began prior to the end of the policy period and would otherwise be covered under this policy. If the Supplemental Extended Reporting Period is purchased, the Automatic Extended Reporting Period will merge into and not be in addition to the Supplemental Extended Reporting Period. It is a condition precedent to your rights under this Section VI.2., that the first named insured make a written request to us to purchase the Supplemental Extended Reporting Period within 30 days following the date this policy is terminated, and that you pay in its entirety the additional premium when due. At the beginning of the Supplemental Extended Reporting Period the entire premium will be deemed fully earned, and, in the event that you terminate the Supplemental Extended Reporting Period for any reason prior to its natural expiration, we will not be liable to return any premium paid for the Supplemental Extended Reporting Period. Any extended reporting period does not extend the policy period or change the scope of coverage provided, nor does it act to reinstate or increase any of the limits of liability. SECTION VII. DEFINITIONS 1. Bodily injury means the following sustained by any person: a. physical injury, sickness, disease, building -related illness or other illness; and b. mental anguish, emotional distress, or shock, incluA;ng, if applicable, death resulting therefrom, and medical monitoring when accompanied by physical injury. 2. Cargo means goods, products, supplies, merchandise or wastes. 3. Claim means a demand, suit or legal notice seeking a remedy and alleging liability or responsibility on the part of the insured. 4. Cleanup costs means those reasonable and necessary expenses, including restoration costs, incurred in order to investigate, test, monitor, abate, remove, remediate, neutralize, clean or dispose of soil, groundwater, surfacewater, or other contamination arising from a pollution incident to the extent: a. required pursuant to environmental laws; b. such expenses have been actually incurred by the government or any political subdivision of the United States of America or any state thereof, or Canada or any province thereof, or by third parties pursuant to environmental laws; or c. recommended in writing by an environmental professional as necessary for the protection of human health and the environment, but only in the absence of any applicable environmental laws. Cleanup costs do not include: a. property damage; b. costs, charges or expenses incurred by you for materials supplied or services performed by the insured unless such costs, charges or expenses are incurred with our prior written approval; NAV ECP-O TLKT 11 (03/13) Page 18 of 24 13 c. any unreasonable or unnecessary acceleration or delay in executing a remedial plan; or d. costs, charges or expense incurred to prevent future pollution incidents. 5. Completed operations means your work that has been completed, and does not include your work that has been abandoned by you. Your work will be deemed completed at the earliest of the following times: a. when all of your work called for in your contract has been completed; b. when all your work to be performed at a project location has been completed if your contract calls for work at more than one project location; or c. when that part of your work performed at the project location has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Your work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete as noted above, will be deemed completed and treated as completed operations. 6. Coverage territory means anywhere in the world, provided the insured's responsibility to pay loss is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico and Canada, or is otherwise agreed to by us. 7. Crisis management consultant means a professional firm or consultant that provides crisis management services which has been approved in writing by us prior to any insured incurring crisis managements fees to which this policy applies, the approval for which shall not be unreasonably withheld, delayed, conditioned or denied. 8. Crisis management event means the public announcement or accusation by a third party that a pollution incident for which you are alleged to be legally responsible has caused: a. bodily injury involving multiple third parties; or b. property damage, but only to the extent resulting in actual physical damage, or cleanup costs, to real properties owned by multiple third parties, provided that an executive officer has proffered a good faith opinion, in our sole discretion, that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your image or goodwill. 9. Crisis management fees means those reasonable and necessary fees and expenses: a. incurred by you within ninety (90) days after the crisis management event is discovered by you, or thereafter as approved by us in writing; and b. for services provided to you by a crisis management consultant for the sole purpose of assisting you with: (1) managing the media in direct response to a crisis management event; or (2) minimizing the economic harm to you caused by a crisis management event by consulting with you with respect to maintaining and restoring your public image or reputation. 10. Emergency response costs means those reasonable and necessary expenses incurred in order to investigate, test, monitor, abate, remove, remediate, neutralize, clean or dispose of soil, groundwater, surfacewater, or other contamination in response to a pollution incident that begins during the policy period and: a. presents an imminent and substantial danger to human health and the environment; and b. requires an immediate response by you in order to mitigate or reduce loss to which coverage under this policy applies or would apply but for the absence of a claim against you. NAV ECP-O TLKT II (03/13) Page 19 of 24 ❑ This policy applies to only those emergency response costs incurred by you within fifteen (15) calendar Jays after the pollution incident begins or incurred thereafter as pre -approved by us in writing. Further, you must report the pollution incident giving rise to such costs to us no later than thirty (30) calendar days after it began. 11. Employee means any persons actively employed by you, including a leased worker or temporaryworker. 12. Environmental damage means physical damage to the atmosphere, biota, soil, land, any structure on land, groundwater or surfacewater caused by a pollution incident and giving rise to cleanup costs. Environmental damage does not include property damage. 13. Environmental laws means any federal, state, provincial, or local law, including, but not limited to, statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary cleanup or risk -based corrective action guidance, and governmental, judicial, or administrative orders or directives, applicable to a pollution incident. 14. Environmental professional means a person designated by us, or by you with our prior written consent and approval, who is certified or licensed as a Certified Industrial Hygienist (CIH) by the American Board of Industrial Hygiene, a Professional Engineer (P.E.), a Professional Geologist (P.G.) or other certified or licensed professional with the applicable State environmental regulatory agency. We may require that certain minimum professional criteria be met, including a demonstration that the individual has experience with similar projects as the one involving cleanup costs or emergency response costs covered under the policy, and the maintenance of adequate errors and omissions insurance. 15. Executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 16. Extended reporting period means the Automatic Extended Reporting Period or, if applicable, the Supplemental Extended Reporting Period, as described in Section VI. of this policy 17. First named insured means the first person or entity stated in Item 1. of the Declarations. 18. Fungus means any form of mold, mildew, or fungi, including mycotoxins, spores or byproducts produced or released by fungi. 19. Green standards means the following standards, products, methods, and processes for improving the environment, increasing energy efficiency, and enhancing safety and property protection: a. LEED®Green Building Rating SystemT"' of the U.S. Green Building Council; b. Green GlobesT"' Assessment and Rating System; c. ENERGY STAR'; or d. National Fire Protection Association codes, Underwriter Laboratories standards, or other local or international codes. 20. Inception date means the first date set forth in Item 2. of the Declarations. 21. Insured contract means: a. a sidetrack agreement; b. any easement or license agreement; c. your obligation, as required by ordinance, to indemnify a municipality, except in connection with your work for a municipality; do an elevator maintenance agreement; e. that part of any other contract or agreement pertaining to your work or transportation (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury, property damage or environmental NAV ECP-O TLKT 11 (03/13) Page 20 of 24 ❑ damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or f. a written contract or agreement submitted to and approved by us, and listed on a Schedule of Insured Contracts endorsement attached to this policy. 22. Insured site means the locations identified in Item 4. of the Declarations. 23. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 24. Loss means: a. with respect to claims for bodily injury or property damage: (1) monetary awards or settlements of compensatory damages; (2) civil fines, penalties, or assessments; and (3) where insurable by law, punitive, exemplary, or treble damages. b. cleanup costs and emergency response costs; c. crisis management fees; and d. those reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured as provided for in Section 1.4. Common Exclusions, paragraph a. Contractual Liability, 25. Low level radioactive material means radioactive material or waste, including any radioactive waste from nuclear medicine, medical imaging equipment or the use of radiopharmaceuticals, not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act of 1954 (as amended). 26. Midnight dumping means the illicit abandonment of drums or containers of pollutants regulated as hazardous or toxic under Federal, State, Provincial, or local environmental law, regulation or statute, but only if: a. the drums or containers were abandoned by persons or entities other than you or your affiliates and without the knowledge of any responsible insured; and b. the actual or threatened discharge, dispersal, release, seepage or escape of the contents of the drums or containers has resulted or could result in cleanup costs to which this policy applies. 27. Motor vehicle means: a. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. 28. Named insured means the person(s) or entity(ies) listed in Item 1. of the Declarations and any other person or entity qualifying as a Named Insured under this policy. 29. Natural resource damages means injury to or destruction of land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including any resources that are the subject of the Magnuson -Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)); or any State, Provincial, or local government; or any foreign government; or any Indian Tribe; or, if such resources are subject to a trust restriction or alienation, by any member of an Indian tribe, including any reasonable costs of damage assessment and the cost of restoring injured resources to their baseline condition prior to the pollution incident giving rise to loss hereunder. NAV ECP-O TLKT 11 (03/13) Page 21 of 24 ❑ 30, Our affiliate means any parent, subsidiary, affiliate, division, related companies, holding companies, merged companies, acquired companies, predecessors -in -interest and/or successors -in -interest of the company listed in the Declarations as providing this insurance. 31. Policy period means the period set forth in Item 2. of the Declarations, or if this policy is cancelled, any shorter period as a result of such cancellation. 32. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to, smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous substances, petroleum hydrocarbons, low level radioactive materials, electromagnetic fields, and hazardous waste materials, including medical and infectious wastes, and materials to be recycled, reconditioned or reclaimed. Pollutant also includes legionella pneumophila and fungus. 33. Pollution incident means: a. the discharge, dispersal, release, seepage or escape of any pollutant into or upon land, or any structure on land, the atmosphere or any watercourse or body of water, including groundwater, provided the amount or concentration of the pollutant exceeds the amount or concentrations naturally present in the environment; b. the existence of fungus or legionella pneumophila at, on, or within any man-made structures or buildings, including the indoor air within such structures or buildings; c. solely with respect to pollution incidents caused by your work as defined in paragraphs a. and b. of SECTION VII. DEFINITIONS, paragraph 45. Yourwork: (1) the discharge, dispersal, release, seepage or escape of silt or sedimentation beyond the legal boundaries of a location where you perform your work, if such discharge, dispersal, release, seepage or escape results in environmental damage; or (2) any material exacerbation, expansion or migration of pollutants as a result of yourwork; d. solely with respect to any waste disposal facility, the release or threatened release of any pollutant to the extent a governmental entity or third party seeks cost recovery or contribution from you pursuant to environmental laws; or e. any midnight dumping at an insured site or third -party jobsite at which you perform yourwork. 34. Property damage means: a. physical injury to or destruction of tangible property, including any resulting loss of use; b. loss of use of tangible property that has not been physically injured ordestroyed; c. diminution in value; or d. natural resource damages. Property damage does not include cleanup costs pursuant to emergency response costs, or environmental damage. Electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 35. Responsible insured means your owners, executive officers, directors, or partners; your managers or supervisors; your employees who are responsible for environmental affairs, control, or compliance; and your employees who are responsible for giving or receiving notice of a claim. 36. Restoration costs mean those reasonable and necessary expenses incurred by an insured with our written consent, to repair, replace, or restore real or personal property to substantially the same condition it was in prior to being damaged in the course of incurring cleanup costs or emergency response costs. Such expenses do not include any costs associated with any improvements or betterments, except as follows: NAV ECP-O TLKT 11 (03/13) Page 22 of 24 ❑ If a repair or replacement results in better than the like kind or quality, we will pay for the amount of the betterment but only if and to the extent that such betterment entails the use of materials meeting green standards which comprised the damaged property. In the absence of material meeting such green standards, then the cost for such materials shall be approved in advance in writing by us, and based on our judgment in our sole discretion. 37. Suit means a civil proceeding in which damages because of bodily injury, property damage, or environmental damage to which this policy applies are alleged. Suit includes: a. an arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our written consent; or b. any other alternative dispute resolution proceeding in which such damages is claimed and to which the insured submits with our written consent. 38. Transportation means the movement of cargo by you, or by a third -party carrier properly licensed to carry such cargo, using a motor vehicle, rolling stock, aircraft or water craft while in due course of transit from the point of origin until the point of final destination. Transportation includes the loading and unloading of cargo. 39. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. 40. Underground storage tank means any stationary tank or vessel, including any attached pumps, valves and piping connected to the tank or vessel that has at least ten (10) percent of its volume belowground. Underground storage tank does not include: a. septic tanks, sump pumps, or water -oil separators; b. storm -water or wastewater collection systems; or c. tanks that are enclosed within a basement or cellar if the entire tank is upon or above the surface of the floor. 41. Volunteer worker means a person who is not 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. 42. Waste disposal facility means a location to which waste is sent for treatment, storage, processing, recycling or disposal, provided the location is not and was never owned, operated or rented by you or your parent, subsidiary or affiliate, and the location at the time your waste was sent to it: a. was properly licensed, as applicable, by state, federal, municipal or provincial authority to conduct waste treatment, storage, processing, recycling or disposal; and b. was not listed, or proposed to be listed, on the U.S. Environmental Protection Agency's (EPA's) Final National Priorities List (NPL), or on the Superfund or Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database, or any state or provincial equivalents to the federal NPL, Superfund or CERCLIS databases. 43. Wrongful delivery means the delivery of liquid cargo into the wrong receptacle, or to the wrong address, or the mistaken delivery of one liquid cargo for another. 44. Your product means: a. any goods or products, other than real property, manufactured, sold, or distributed by: (2) others trading under your name; or (3) a person or organization whose business or assets you have acquired; and NAV ECP-O TLKT 11 (03/13) Page 23 of 24 ❑ A " ' CERTIFICATE OF LIABILITY INSURANCE T06/30�2D0224 Y' DA 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 FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 NAME CT CLIENT CONTACT CENTER PHONE I FAX No, Extl: 888-333-4949 (AIC, No): 507-446-4664 -(A/C, ADORIESs:CLIENTCONTACTCENTER FEDINS.COM OWATONNA, MN 55060 INSURERS AFFORDING COVERAGE NAIC // INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 442-316-6 INSURER e: INSURER C: HERDMAN PLUMBING LLC PO BOX 4044 SILVERDALE, WA 98383-4044 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 23 REVISION NUMBER: 0 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 ToDlyyyyl TYPE OF INSURANCE ADDL INSR SUBR POLICY NUMBER POLICY EFF POUCY EXPI LIMITS A X COMMERCIAL GENERAL LIABILITY C LAIMS•MADE OCCUR Y N 1899863 07/01/2024 07/01/2025 EACH OCCURRENCE $1,000,OOD AMAGE TO ENTED PREMISES $100,000 MED EXP (Any one person) EXCLUDED GEN1 X PERSONAL& ADV INJURY 1 000 000 AGGREGATE LIMIT APPLIES PER: POLICY I ECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS 6 COMPIOP AGG $2,000,000 AOWNED AUTOMOBILE LIABILITY JANYALITO AUTOS ONLY SCHEDULED HIRED AUTOS ONLY NON -OWNED AUTOS ONLY N N 1899863 07/01/2024 07/01/2025 Ee a..d.n SINGLE OMIT $1,000,000 BODILY INJURY (Per Person) BODILY INJURY (Per Accident) PROPERTY AMACE A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N 1899866 07/01/2024 07/01/2025 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 DED I RETENTION A WORiEfRS-COMPENSIFTION AND -EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A N 1899863 07/01/2024 07/01/2025 PER STATUTE OTHER E.L EACH ACCIDENT $1,000,000 E.L DISEASE EA EMPLOYEE $1,000,000 E.L DISEASE • POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) STOP -GAP (EMPLOYER'S LIABILITY) COVERED STATE(S) WA THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION 442-316-6 23 0 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF BREMERTON 345 6TH ST STE 100 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BREMERTON, WA 98337-1891 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD .'JUL 15 2024 City of Brenneman Risk Management COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Office, Inc., 2018 CG 20 33 12 19 Policy Number: 1899863 Page 1 of 2 Transaction Effective Date: 07/01/2024 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 Policy Number: 1899863 Transaction Effective Date: 07/01/2024