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Northwest Traffic, Inc. - Certificate of Insurance 5-3-2024
04/30/2023 Brown & Brown of WA, Inc. 2106 Pacific Ave Suite 501 Tacoma WA 98402 Pamela Loe (253) 396-5500 pam.loe@bbrown.com Northwest Traffic, Inc. PO Box 1915 Milton WA 98354 Zurich American Insurance Company 16535 American Guarantee & Liability Company 26247 Evanston Insurance Company 35378 2023-24 Liability A $2,500 Property Dmg Deductible Y Y GLA-0281780-06 05/03/2023 05/03/2024 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A Y Y GLA-0281780-06 05/03/2023 05/03/2024 1,000,000 B Y Y SXS 7653398-01 05/03/2023 05/03/2024 5,000,000 5,000,000 A GLA-0281780-06 - WA Stop Gap 05/03/2023 05/03/2024 1,000,000 1,000,000 1,000,000 C Contractor's Pollution Liability, including Transportation CPLMOL116922 05/03/2023 05/03/2025 Per Claim Limit:$1,000,000 Aggregate Limit:$1,000,000 Retention:$2,500 PROJECT: City of Bremerton Pump Station 14 Relocation Prospect Construction, Inc. and the City of Bremerton are named additional insured, per the attached endorsements. Prospect Construction, Inc. 116 23rd Street SE Puyallup WA 98372 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Northwest Traffic, Inc.Brown & Brown of WA, Inc. 25 Certificate of Liability Insurance: Notes Certificate holder is named as additional insured, per the attached endorsements. Policy is primary and non-contributory and includes a waiver ofsubrogation. Endorsements Included: #UGL2162ACW0219 (Blanket General Liability Additional Insured Ongoing & Completed Operations) #UGL1327BCW0413 (Primary & Non-Contributory)#CG25030509 (Aggregate per Project) #UGL925BCW1201 (Blanket Waiver of Subrogation) #UGL1060FCW0522 (Contractors Liability Supplemental Coverages & Conditions#UCA424FCW0414 (Blanket Business Auto Additional Insured #MEEI29130520(Primary & Non-Contributory / Pollution) #MEEI0070122 (Blanket Additional Insured & Waiver of Subrogation / Pollution) Mold and Fungi are not Excluded from the Pollution Policy. Excess Liability is follow form over the General Laibility and Auto Liability policies. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Additional Insured - Automatic - Owners, Lessees Or Contractors z ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLA0281780 Effective Date: 5/3/2D23 This endorsement modifies insurance provided under the. Commercial General Liability Coverage Part A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsements), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsements), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, Indudes copyrighted material of Insurance Services Office, Inc., with its permission. PROPOSAL U-GL-2162-ACW(02/19) Page 1 of 4 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b.above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is 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, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and induded in the "products-completed operations hazard" which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PROPOSAL U.GL-2162-ACW(02/19) Page 2 of 4 B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exdusion 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. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV- Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, daim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III - Limits Of Insurance: Additional Insured - Automatic - Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: Indudes copyrighted material of Insurance Services Office, Inc., with its permission. PROPOSAL U-GL-2162-ACW(02/19) Page 3 of 4 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; 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. All other terms, conditions, provisions and exclusions of this policy remain the same. Indudes copyrighted material of Insurance Services Office, ln&, with its permission. PROPOSAL U-GL-2162-ACW(02/19) Page 4 of 4 POLICY NUMBER: GLA0281780 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ FT CAREFULLY. DESIG ATED CONSTRUCTION PROJECT(S) GE ERAL AGGREGATE LI IT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information r uired to corn lete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits" 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 0305 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-compteted Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project 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 construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Other Insurance Amendment - Primary And Non- Contributory z ZURICH Policy No. GLA0281780 Eff. Date of Pol. 5/3/2023 Exp. Date of Pol. 5/3/2024 . Efif. Date of End. 5/3/2023 Producer No. 73040000 Add'1. Prem INCL Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (induding ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance avalable to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance avalable to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, daim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1327-B CW (04/13) Page 1 of 1 Waiver Of Subrogation (Blanket) Endorsement Policy No. GLA028178& Eff. Date of Pol. 5/3/2023 Exp, Date of Pol. 5/3/2024 Eff. Date of End. 5/3/2023 Producer 73040000 Add'lPrem. INCL Return Prem. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are requu-ed by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GLp925-B CW (12/01) Page 1 of 1 Contractors Liability Supplemental Coverages and Conditions z ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLA0281780 Effective Date: 5/3/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part NON-OWNED WATERCRAFT SCHEDULE Watercraft Length: feet (If no amount is shown above, 51 feet applies.) A. Non-owned Watercraft Liability Extended Coverage Paragraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than the length shown in the Non-Owned Watercraft Schedule of this endorsement; and (b) Not being used to carry persons or property for a charge; B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section III - Limits Of Insurance. 2. The paragraph directly following Paragraph (6) in Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III - Limits Of Insurance. 3. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the "insured contract" definition under the Definitions Section is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; U-GL-1060-FCW (05/22) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 5. Paragraph (ii) under Paragraph 4.b.(1) of the Other Insurance Condition under Section IV - Commercial General Liability Conditions is replaced by the following: (ii) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarily occupied by you with permission of the owner; 6. The following definitions are added to the Definitions Section: "Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment, weight of snow, ice or sleet or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured - Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) 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 your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent oermitted by law; and b. 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 their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. 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: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Additional Insured - Managers Or Lessors Of Premises 1. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) that you have agreed in a written contract or written agreement to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. U-GL-1060-FCW (05/22) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 2. 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: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute, ordinance or regulation to name as an additional insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage included within the "products-completed operations hazard". However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. 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: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage - Assumed Under Contract Or Agreement 1. Exclusion e. of Section I - Coverage B - Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The liability pertains to your business and is assumed in a contract or agreement that is an "insured contract"; and (b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. U-GL-1060-F CW (05/22) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same contract or agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this "personal and advertising injury" coverage only: Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments - Coverages A and B are replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; 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. Such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal and advertising injury" and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) underwhich you assume the tort liability of another to pay for "bodily injury", "property damage" or "personal and advertising injury" 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. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities; (4) That indemnifies a person or organization for "personal and advertising injury": (a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or (b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or telecasting for you or on your behalf; or (5) That indemnifies a labor leasing firm for "bodily injury" to "leased workers". H. Medical Payments - Increased Reporting Period Paragraph a. of Section I - Coverage C - Medical Payments is replaced by the following: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; U-GL-1060-FCW (05/22) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. I. Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments - Coverages A And B is replaced by the following: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. J. Amendment - Duties In The Event of Occurrence, Offense, Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to your officer, manager, partner or an "employee" authorized by you to give or receive such notice. Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give or receive such notice of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to your workers compensation carrier and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV - Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us;and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: (1) Fail to disclose all hazards existing at the inception of this policy; or (2) Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The "bodily injury" definition under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish, mental injury, shock or fright resulting from bodily injury, sickness or disease. M. Two Or More Of Our Coverage Parts/Policies The following is added to Section III - Limits of Insurance: 1. Subject to Paragraph 2. or 3. above, whichever applies, if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other U-GL-1060-FCW (05/22) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Zurich underwriting company affiliated with us apply to the same "occurrence", only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such "occurrence". 2. Subject to Paragraph 2. above, if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense, only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. 3. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply, the most we will pay for all injury or damage because of "bodily injury" or "property damage" "occurrences", "personal and advertising injury" offenses and medical expenses is: a. The single highest Coverage Part or policy General Aggregate Limit; or b. The single highest Coverage Part or policy Products-Completed Operations Aggregate Limit, whichever applies, whether such "occurrence", offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. 4. Any existing provisions under Paragraph 4. Other Insurance under Section IV - Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1., 2., and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part or to any endorsement to this policy which specifically provides any coverage for a wrap-up or other consolidated insurance program project if this policy is not for a wrap-up or other consolidated insurance program. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-1060-FCW (05/22) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Coverage Extension Endorsement z ZURICH Policy No. GLA0281780 Eff. Date of Pol. 5/3/22 Exp. Date of Pol. 5/3/23 Eff. Date of End. 5/3/22 Producer No. 73040000 Add'l. Prem INCL Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. ^Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II - Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A,1,b. in this endorsement, d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract lor written agreement with you executed prior to any "accident". induding those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" larises out of operations governed by such contract or agreement and only up to the limits required in the ^written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance- Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment - Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II - Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (induding 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, induding actual loss of earnings up to $500 a day because of time off from work. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424.F CW (04-14) Page 1 of 6 C. Fellow Employee Coverage The Fellow Employee Exdusion contained in Section II - Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exdusion in Section II - Covered Autos Liability Coverage: This exdusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exdusions of Section III - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV - Physical Damage Coverage of the Motor Carrier Coverage Form: This exdusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any (1) Overdue lease or 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 leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage - Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehide rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Indudes copyrighted material of Insurance Sen/ices Office, Inc., with its permission. U-CAr424-F CW (04.14) Page 2 of 6 (1) Other than collision only if the Declarations indicate that ComDrehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Dedarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Dedarations indicate that Collision Coverage is provided for any covered "auto". htowever, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000 I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we wilt not pay for 'loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exdusion in Paragraph B.4.a. of Section III - Physical Damage Coverage in the Business Auto Coverage Form and the Exdusion in Paragraph B.2.C. of Section IV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2, The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Indudes copyrighted material of Insurance Services Office, Inc., with its permission, U-CA-424-FCW (04-14) Page 3 of 6 K. Airbag Coverage The Exdusion in Paragraph B.3.a. of Section III - Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BAa. of Section IV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehide basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage - Comprehensive Coverage - Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Dedarations, whichever is greater. N. Temporary Substitute Autos - Physical Damage 1. The following is added to Section I - Covered Autos: Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehides are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction, 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", daim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", daim, "suit" or toss". However, these duties only apply when the "accident", daim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Indudes copyrighted material of Insurance Services Office, Inc., with its permission, U-CAr424-FCW (04-14) Page 4 of 6 agent, servant or employee of the "insured" to notify us of any "accident", daim. "suit" or "loss" shall not invalidate the insurance afforded by this policy. Indude, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a daim is made or "suit" is brought, written notice of the daim or "suit" including, but not limited to, the date and details of such daim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", daim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or 'loss" arises out of operations contemplated by such contract This waiver only applies to the person or organization designated in the contract, Q. Employee Hired Autos - Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance - Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: 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 under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disdose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto - World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "BodBy injury" means bodily injury, sickness or disease, sustained by a person induding death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Indudes copyrighted material of Insurance Services Office, Inc., with its permission, U-CAr424-F CW (04-14) Page 5 of 6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II - Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "BodBy injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage - Additional Temporary Transportation Expense Coverage Paragraph A.4^a. of Section III - Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, tide, license, other fees and any aftermarket vehide upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exdusions of this policy remain the same. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 6 of 6 ENVIRONMENTAL ISSUI G CO P Y CONTRACTOR'S POLLUTION LIABILITY COVERAGE FOR TABLE OF CONTENTS SECTION I-COVERAGES............................................................................................................................... 2 A. Insuring Agreements............................................................................................................................ 2 1. Contractor's Pollution Liability.................................................................................................^ 2. Transportation Pollution Liability.............................................................................................^ 3. Non-Owned Disposal Site Liability........................................................................................... 3 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability...................... 3 5. Crisis Management And Emergency Response Costs............................................................3 B. Claims And Defense............................................................................................................................. 3 C. Supplementary Payments 3 SECTION II - EXCLUSIONS............................................................................................................................. 5 SECTION III - WHO IS AN INSURED............................................................................................................. 9 SECTION IV- LIMITS OF INSURANCE AND SELF-INSURED RETENTION OR DEDUCTIBLE ..... 10 A. Limits Of Insurance............................................................................................................................. 10 B. Self-lnsured Retention........................................................................................................................ l l C. Deductible............................................................................................................................................. ll D. Mediation ............................................................................................................................................ 112 E. Multiple Insured, Claims, and Claimants......................................................................................... 11 SECTION V-CONDITIONS ........................................................................................................................... 12 SECTION VI - EXTENDED REPORTING PERIOD.................................................................................... 16 SECTION VII-DEFINITIONS......................................................................................................................... 16 MEEI 0007 01 22 Page 1 of 20 ENVIRONMENTAL EVANSTON INSURANCE C PANY CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM INSURING AGREEMENT A.4. PROVIDES CLAIMS-MADE AND REPORTED COVERAGE FOR SUDDEN AND ACCIDENTAL DISCHARGE, RELEASE, OR ESCAPE OF POLLUTANTS AND REQUIRES THAT A CLAIM UNDER SUCH COVERAGE BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO US IN WRITING DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD WE PROVIDE UNDER SECTION VI - EXTENDED REPORTING PERIODS. VARIOUS PROVISIONS IN THIS POLICY MAY RESTRICT OR EXCLUDE COVERAGE. PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE THE INSURED'S 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 word "insured" means any person or organization qualifying as such under Section III - Who Is An Insured. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII - Definitions. SECTION I - COVERAGES A. Insuring Agreements The following Insuring Agreements apply only if that Insuring Agreement is shown as purchased by an "X" in the Declarations, and the "pollution condition" that causes a "loss" takes place in the "coverage territory". The amount we will pay is limited as described in Section IV - Limits Of Insurance And Self-lnsured Retention Or Deductible. 1. Contractor's Pollution Liability We will pay on behalf of the insured those sums in excess of the Self-lnsured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" caused by a "pollution condition" to which this insurance applies, provided: a. The "pollution condition" arises out of "your work"; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. With respect only to "bodily injury", "property damage", or "cleanup costs" caused by legionella pneumophila, there must be a direct relation to a documented case of a legionella pneumophila outbreak for coverage to apply. 2. Transportation Pollution Liability We will pay on behalf of the insured those sums in excess of the Self-lnsured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a "transportation pollution condition" to which this insurance applies, provided: a. The "transportation pollution condition" arises out of "transported cargo" that is transported, delivered, or shipped by you in a "covered conveyance", or by a "carrier" on your behalf; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. This coverage shall not be utilized to evidence financial responsibility of any insured under any applicable federal, state, provincial, or local law MEEI 0007 01 22 Page 2 of 20 3. Non-Owned Disposal Site Liability We will pay on behalf of the insured those sums in excess of the Self-lnsured Retention or Deductible shown in the Declarations that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a "pollution condition" at, on or under, or migrating from a covered "non-owned disposal site", provided: a. The "pollution condition" originates at a "non-owned disposal site"; b. The "pollution condition" arises from waste or material generated by "your work"; and c. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the Policy Period. 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability We will pay those sums that the insured becomes legally obligated to pay for "loss" resulting from a "claim" for "bodily injury", "property damage", or "cleanup costs" resulting from a sudden and accidental "pollution condition" originating at, on or under, or migrating from, a "covered location", provided: a. The sudden and accidental "pollution condition" is the result of an unforeseen, unplanned, or unexpected event or circumstance; b. The sudden and accidental "pollution condition" commences during the Policy Period; c. The sudden and accidental "pollution condition" is first discovered by any insured no later than 7 days after it commences, unless a different period is shown in the Schedule Of Covered Locations; d. The insured reports the commencement of the sudden and accidental "pollution condition" to us in writing no later than 21 days following its discovery by any insured, unless a different period is shown in the Schedule Of Covered Locations; and e. The "claim" is first made during the Policy Period or the Extended Reporting Period, as provided under Section VI - Extended Reporting Periods. 5. Crisis Management And Emergency Response Costs We will indemnify you for: a. "Crisis management costs" you incur as a direct result of a "crisis management event", provided that the "crisis management event": (1) Arises directly from a "pollution condition" that has resulted or is reasonably likely to result in a "loss" covered under this Policy; (2) Commences during the Policy Period; and (3) First becomes known to a "responsible insured" during the Policy Period and is reported to us in writing as soon as practicable, but in any event during the Policy Period or within 30 days after the end of the Policy Period. We will pay those "crisis management costs" you incur even if coverage hereunder is still to be confirmed by us, but we will stop paying such "crisis management costs" as soon as it becomes evident, to either you or us, that this insurance does not apply. "Crisis management costs" are not subject to the Self-lnsured Retention or Deductible; and b. "Emergency response costs" you incur in excess of the Self-lnsured Retention or Deductible shown in the Declarations as a direct result of the "pollution condition" that has resulted in a "loss" covered under this Policy. B. Claims And Defense 1. With respect only to Insuring Agreements 1. through 4. above, coverage applies only if, prior to the Policy Period, no "responsible insured" knew that the "bodily injury", "property damage", or "cleanup costs" had occurred, in whole or in part. If any "responsible insured" knew, prior to the Policy Period, that the "bodily injury", "property damage", or "cleanup costs" occurred, then any continuation, change, or resumption of such "bodily injury", "property damage", or "cleanup costs" during or after the Policy Period will be deemed to have been known prior to the Policy Period. "Bodily injury", "property damage", or "cleanup costs" which occur during the Policy Period and were not, prior to the Policy Period, known by any "responsible insured" to have occurred, includes any continuation, change, or resumption of the "bodily injury", "property damage", or "cleanup costs" after the end of the Policy Period. MEEI 0007 01 22 Page 3 of 20 "Bodily injury", "property damage", or "cleanup costs" will be deemed to have been known to have occurred at the earliest time when any "responsible insured": a. Reports all or any part of the "bodily injury", "property damage", or "cleanup costs" to us or any other insurer; b. Receives a written or verbal demand or "claim" for damages because of the "bodily injury", "property damage", or "cleanup costs"; or c. Becomes aware by any other means that the "bodily injury", "property damage", or "cleanup costs" have occurred or have begun to occur. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the "bodily injury". 2. We: a. Will have the right to investigate any "claim" to which this insurance applies; b. Will have the right and duty to defend the insured against any "suit" seeking damages to which this insurance applies; and c. May, at our discretion, investigate any "pollution condition" and settle any "claim" that may result. However: (1) We will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply; (2) The amount we will pay for "loss" is limited as described in Section IV - Limits Of Insurance And Self- Insured Retention Or Deductible; and (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or supplementary payments. 3. All "claims" for damages arising out of the same, related, or continuous "pollution condition" will be considered a single "claim" and will be deemed to have been first made and reported or incurred at the time of the first "claim" is made against any insured. Any "claim" for damages to the same person, including damages claimed by any person or organization for care, loss of services or death resulting at any time, will be deemed to have been made at the time the first of those "claims" is made against any insured. C. Supplementary Payments 1. Loss Of Earnings And Expense Reimbursement We will pay, with respect to any "claim" we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the "claim", including actual loss of earnings up to $500 a day because of time off from work. c. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. d. Pre-judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgment interest based on that period of time after the offer. e. 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 insurance. These payments will not reduce the Limits Of Insurance shown in the Declarations. 2. Suit Against Indemnitee 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 only if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; MEEI 0007 01 22 Page 4 of 20 b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of that indemnitee has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "pollution condition" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. 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 f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement, or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". As 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. We may, at our option, appoint one counsel to defend all of the insureds and indemnitees of the insureds who are or may be involved with respect to such "suit". 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 Limit Of Insurance in the payment of judgments, settlements, or supplementary payments, or the conditions, or terms of the agreement set forth above, are no longer met. These payments will not reduce the Limits Of Insurance shown in the Declarations. SECTION II - EXCLUSIONS A. With respect to all Insuring Agreements and Supplementary Payments, this insurance does not apply to: 1. Contractual Liability "Loss" the insured is legally obligated to pay as damages as a result of the assumption of liability in a contract or agreement. However, this exclusion does not apply to liability for damages: a. That the insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an "insured contract", provided the "loss" occurs subsequent to the execution of the contract or agreement. 2. Criminal Fines Or Criminal Penalties Any criminal fines or criminal penalties. 3. Damage To Property "Property damage" in any way related to any real property or facility that is or was at any time owned, operated, or occupied by, or rented to, you. However, this exclusion does not apply if the real property or facility is operated or occupied by you for the purpose of performing "your work". MEEI 0007 01 22 Page 5 of 20 4. Damage To Your Product Or Your Work "Property damage" to "your product" or "your work" or any part of "your product" or "your work". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 5. Employer's Liability "Bodily injury" to: a. An "employee" of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother, or sister of that "employee" as a consequence of such "bodily injury". This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury hlowever, this exclusion does not apply to liability assumed by you under an "insured contract". 6. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of any "responsible insured". 7. Impaired Property "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy, or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 8. Insured Versus Insured Any "claim" made by or on behalf of an insured against any other insured. However, this exclusion does not apply to "claims" against you by any insured seeking coverage or indemnification pursuant to a written contract or agreement for a "claim" otherwise covered for "bodily injury", "property damage", or "cleanup costs" 9. Intentional Acts "Loss" arising out of intentional, willful, or deliberate: a. Injury to persons or property; or b. Failure to comply with any permit, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental or public agency or body. However, this exclusion does not apply to: (1) An insured who did not commit, participate in, or have knowledge of any of the acts described above; (2) Any failure to comply based upon your good faith reliance on written advice of qualified outside counsel received in advance of such non-compliance; or (3) Any failure to comply based upon your reasonable efforts to mitigate a "pollution condition" that necessitates immediate action, provided such "emergency response costs" are reported to us in writing within 96 hours of discovery of such "pollution incident". 10. Known Circumstances Or Conditions "Loss" caused by, arising out of, or in any way involving a "pollution condition" at a "covered location" or resulting from "your work", including any subsequent continuation or resumption of or changes in such "pollution condition", that existed prior to the Policy Period and was known to any "responsible insured" at any time before the beginning of the Policy Period, hlowever, this exclusion does not apply to Insuring Agreement 4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability under Section I - Coverages, A. Insuring Agreements if the known "pollution condition" is shown in a Schedule Of Known Pollution Conditions attached to this Coverage Form. MEEI 0007 01 22 Page 6 of 20 11. Nuclear Energy Liability "Loss": a. With respect to which an insured under this Policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (1) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) The insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or c. Resulting from the "hazardous properties" of "nuclear material", if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported, or disposed of by or on behalf of an insured; or (3) The "loss" arises out of the furnishing by an insured of sen/ices, materials, parts, or equipment in connection with the planning, construction, maintenance, operation, or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions, or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. As used in this exclusion: "Hazardous properties" includes radioactive, toxic, or explosive properties. "Nuclear material" means "source material", "special nuclear material", or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid, or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material: a. Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content; and b. Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. Any "nuclear reactor"; b. Any equipment or device designed or used for: (1) Separating the isotopes of uranium or plutonium; (2) Processing or utilizing "spent fuel"; or (3) Handling, processing, or packaging "waste"; c. Any equipment or device used for the processing, fabricating, or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of "waste"; MEEI 0007 01 22 Page 7 of 20 and includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. 12. Other Enterprises "Loss" arising out of any business enterprise owned, operated, or managed by the insured or its parent company or any affiliate, successor, or assignee of such company not named in the Declarations. 13. Professional Services "Loss" arising out of any alleged or actual act, error, or omission in the rendering of or failure to render "professional services" by you or any contractor or subcontractor working on your behalf. This exclusion applies even if the "claim" against any insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the "pollution condition" which caused the "loss" involved the rendering of or failure to render "professional services". However, this exclusion does not apply to a "claim": a. In which you committed an actual or alleged act, error, or omission relating to improper or inadequate supervision, direction, or control of any subcontractors for which you are legally liable when such contractors or subcontractors are performing operations on your behalf at a job site; or b. Alleging liability for construction means, methods, techniques, sequences, or procedures utilized as part of "your work". 14. Property Damage To Cargo "Property damage" to "transported cargo". 15. Property Damage To Conveyances "Property damage" to any "auto", railcar, train, watercraft, or aircraft operated by or on behalf of any insured resulting from a "pollution condition" caused by "transported cargo", hlowever, this exclusion does not apply to any "claim" brought by any "carrier" for "property damage" arising out of the insured's negligence. 16. Vehicles "Loss" arising out of the ownership, maintenance, use, operation, or entrustment to others of any aircraft, "unmanned aircraft", "auto", or watercraft. Use includes "loading or unloading". However, this exclusion does not apply to: a. "Loading or unloading" within the boundaries of any "covered location" or a location where "your work" is performed; and b. Coverage provided under Insuring Agreements A.2. Transportation Pollution Liability, A.3. Non-Owned Disposal Site Liability, orA.4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability, if shown as purchased in the Declarations. 17. War "Loss", however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action taken in the hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 18. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits, unemployment compensation law, or any similar law. MEEI 0007 01 22 Page 8 of 20 19. Your Product "Loss" arising out of "your product". However, this exclusion does not apply to any "loss"' arising out of any waste generated for "your work" that is relinquished to others to recycle or beneficial reuse. B. With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement, this insurance does not apply to: 1. Asbestos "Loss" in any way involving asbestos, asbestos products, asbestos fibers, or asbestos dust. However, this exclusion does not apply to asbestos in groundwater or soil. 2. Capital Expenditures Any "capital expenditure" at a "covered location". However, this exclusion does not apply to any "capital expenditure" related to "emergency response costs" covered under Insuring Agreement A.4. Crisis Management And Emergency Response Costs, if shown as covered in the Declarations. 3. Lead Paint "Loss" in any way involving a "pollution condition" that results from the existence, required removal, voluntary removal, or abatement of paint containing lead. However, this exclusion does not apply to lead based paint in groundwater or soil. 4. Material Change In Use "Loss" in any way involving a change in the use or operations at a "covered location" that materially increases the likelihood or severity of a "pollution condition" or "claim" as compared with use or operations existing at this Policy's inception date as disclosed to us on the application and all supporting documentation. 5. Underground Storage Tanks "Loss" in any way involving any "underground storage tank" at a "covered location", whether operational, closed, or removed. 6. Wells "Loss" in any way involving the discharge, escape, migration, release or seepage of oil, gas, drilling fluid, or any other fluid, from any oil, gas, mineral or geothermal well. SECTION III - WHO IS AN INSURED Each of the following is an insured under all Insuring Agreements and Supplementary Payments: A. If you are designated in the Declarations as: 1. An individual, you, and your spouse or "domestic partner", but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, your members, your partners, and their spouses or "domestic partners", but only with respect to the conduct of your business. 3. A limited liability company, your members but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture, or limited liability company. Your "executive officers" and directors, 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. B. Any subsidiary company of yours, other than a partnership, joint venture, or limited liability company, and any company over which you have active control or majority ownership interest, or exercise management or financial control is a Named Insured with respect to the conduct of your business, provided: 1. You report all such entities to us within 90 days after you have acquired the organization; and 2. There is no other similar primary insurance available to that organization, unless such entity has been specifically endorsed onto this Policy MEEI 0007 01 22 Page 9 of 20 hlowever: a. Coverage is afforded only until the 90th day after you acquire the subsidiary or the end of the Policy Period, whichever is earlier; and b. Coverage does not apply to "loss" that first commences before you acquired the subsidiary. C. 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 work". D. In the event of your bankruptcy, your trustees, and in the event of your death or incapacity, your legal representatives, or executors, but only with respect to such trustee's, representative's, or executor's vicarious liability resulting from "your work". E. Any organization, other than a partnership, joint venture, or limited liability company, you newly form during the Policy Period and over which you maintain ownership or majority interest, will qualify as an insured, if: 1. You have contractually agreed to provide insurance for such organization; 2. There is no other similar primary insurance available to that organization, unless such entity has been specifically endorsed onto this Policy; and 3. You report to us within 90 days after such formation that you formed the organization. However: a. Coverage is afforded only until the 90th day after you form the organization or the end of the Policy Period, whichever is earlier; and b. Coverage does not apply to "loss" that first commences before you formed the organization. F. Any person or organization with whom you have agreed to provide additional insured status in a written contract or agreement, executed prior to the: 1. Commencement of "your work"; and 2. Date the "pollution condition" first commenced. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage", or "cleanup costs" resulting from a "pollution condition" caused in whole or in part by "your work". However, any insurance afforded to such insured: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or agreement to provide for such insured; and c. Is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement. This Paragraph F. does not apply to any person or organization specifically named as an additional insured in an endorsement attached to this Policy. SECTION IV- LIMITS OF INSURANCE AND SELF-INSURED RETENTION OR DEDUCTIBLE A. Limits Of Insurance 1. The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, "claims" made, or persons or organizations making "claims". 2. Subject to the Combined General Aggregate Limit shown in the Declarations, the Coverage Form Aggregate Limit shown in the Declarations is the most we will pay for all "loss" arising out of all "pollution conditions" under all Insuring Agreements. 3. Subject to the Coverage Form Aggregate Limit shown in the Declarations: a. The Each Contractor's Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.1. Contractor's Pollution Liability for all "loss" arising out of any one "pollution condition" MEEI 0007 01 22 Page 10 of 20 b. The Each Transportation Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.2. Transportation Pollution Liability for all "loss" arising out of any one "transportation pollution condition". c. The Each Non-Owned Disposal Site Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.3. Non-Owned Disposal Site Liability for all "loss" arising out of any one "pollution condition" at a "non-owned disposal site". d. The Each Sudden And Accidental Pollution Condition Limit shown in the Declarations is the most we will pay under Insuring Agreement A.4. Sudden And Accidental Discharge, Release, Or Escape Of Pollutants Liability for all "loss" arising out of any one "pollution condition". e. The Each Crisis Management And Emergency Response Limit shown in the Declarations is the most we will pay under Insuring Agreement A.5. Crisis Management And Emergency Response Costs for the sum of all "crisis management costs" and "emergency response costs" arising out of any one "pollution condition". The limits of insurance of this Policy apply separately to each Policy Period, unless the Policy Period is extended after issuance for an additional period. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. B. Self-lnsured Retention The following applies only ifSelf-lnsured Retention is selected in the Declarations: 1. You agree to assume the Self-lnsured Retention shown in the Declarations. Our obligation to pay "loss" under this insurance and the applicable Limit Of Insurance shown in the Declarations will apply in excess of the applicable Self-lnsured Retention. 2. Regardless of whether or not there is any other insurance, whether or not collectible, applicable to a "claim" or "pollution condition" within the Self-lnsured Retention, you must make actual payment of the full Self-lnsured Retention before the Limits Of Insurance will apply. Compliance with this clause is a condition precedent for coverage under this insurance. We will make no payments of any type in the event you fail to comply with this clause. 3. You must not incur costs other than adjusting expenses without our written consent in the event of any "claim" or "pollution condition" which appears likely to exceed the Self-lnsured Retention. 4. We have the right in all cases to assume control of the investigation, defense, and settlement of any "claim" or "pollution condition" to which this insurance applies. When we exercise this right, the following apply: a. You will remain responsible for the cost of all "loss" within the applicable Self-lnsured Retention; b. At our request, you will advance to us any portion of the applicable Self-lnsured Retention that we deem reasonable to pay for any "claim" or "pollution condition"; c. If you have paid to us all or part of the applicable Self-lnsured Retention and the total amount of "loss" that we pay for that "claim" or "pollution condition" is less than the applicable Self-lnsured Retention, then we will reimburse you the amount you paid in excess of the amount we pay; and d. We will have the sole and absolute right to settle the "claim" for any amount we deem reasonable, including any amount within the Self-lnsured Retention. Although we agree to attempt to advise and consult with you prior to making any settlement, we will have no obligation to obtain your consent or the consent of any other insured, to any settlement we make that requires payment from you of any amount within the Self-lnsured Retention. You and any other insured hereby waive any claim or defense against us resulting from our entering into any such settlement without your approval. C. Deductible The following applies only if Deductible is selected in the Declarations: 1. Our obligation to pay "loss" under this insurance and the applicable Limit Of Insurance shown in the Declarations applies only to the amount of damages in excess of the Deductible shown in the Declarations. 2. The Deductible applies separately to each "pollution condition", and may be applied to supplementary payments, settlements, or indemnification. 3. The terms of this insurance, including those with respect to: a. Our right and duty to defend the insured against any "claims" seeking those damages; and MEEI 0007 01 22 Page 11 of 20 b. Your duties in the event of a "pollution condition"; apply irrespective of the application of the Deductible. 4. At our sole election and option, we may either: a. Pay any part or all of the Deductible to effect settlement of any "claim", and upon notification of the action taken, you must promptly reimburse us for that part of the Deductible that has been paid by us;or b. Simultaneously upon receipt of notice of any "claim" or at any time thereafter, call upon you to pay or deposit with us all or any part of the Deductible, to be held and applied by us as herein provided. 5. In the event that you do not promptly comply with Paragraph 4. above, any cost we incur in collection of the Deductible including, but not limited to, collection agency fees, attorneys' fees, and interest, will be added to and applied in addition to the Deductible without limitation to such costs. 6. If the same, related, or continuous "pollution condition" results in coverage under more than one Insuring Agreement under this Policy, then only the highest Deductible shown in the Declarations of all Insuring Agreements applicable to the "pollution condition" will apply. D. Mediation If we jointly agree with the first Named Insured to utilize "mediation" as a means to resolve a "claim" made against you and such "claim" is resolved as a direct result of and during, or directly after, such "mediation" with the same mediator, the Deductible or Self-lnsured Retention shown in the Declarations will be reduced by 50% subject to a maximum reduction of $25,000 of all "claims" resolved by "mediation". We will reimburse the first Named Insured for any such reimbursable Deductible payments made prior to the "mediation" as soon as practicable after the conclusion of such "mediation". E. Multiple Insureds, Claims, And Claimants The inclusion herein of more than one insured in any "claim" or the making of "claims" by more than one person or organization will not operate to increase the Limits Of Insurance shown in the Declarations. More than one "claim" arising out of a single "pollution condition" will be treated as a single "claim". SECTION V - CONDITIONS A. Assignment This insurance may not be assigned without our prior consent, which consent will not be unreasonably withheld or delayed. Assignment of interest under this insurance will not bind us until our consent has been endorsed hereon. B. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations or increase our liability under this Policy. C. Duties In The Event Of A Pollution Condition Or Claim 1. You must see to it that we are notified as soon as practicable in writing of a "pollution condition". To the extent possible, notice must contain: a. How, when, and where the "pollution condition" took place; b. The names and addresses of any claimants, injured persons, and witnesses; c. The nature and location of any injury or damage arising out of the "pollution condition"; d. The date and details of "your work" that may have caused the "pollution condition"; e. Copies of any contracts that have been entered into by any insured that are related to "your work" performed; and f. Details explaining how the insured first became aware of the "pollution condition". 2. If a "claim" is made against any insured: a. You must record and notify us as soon as practicable in writing the specifics of the "claim" and the date received; and b. You and any other involved insured must: MEEI 0007 01 22 Page 12 of 20 (1) Send us copies as soon as practicable of any demands, notices, summons, or legal papers received in connection with the "claim"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement, or defense of the "claim"; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply; and (5) Submit to examination under oath as often as reasonably required by us. 3. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, without our written consent. However, written consent is not required with respect to: a. "Crisis management costs" that have been reported in accordance with Insuring Agreement A.5. Crisis Management And Emergency Response Costs; or b. "Emergency response costs" that have been reported and approved by us or our appointed representative by use of the emergency response hotline. 4. Notice to your insurance agent or broker does not constitute notice to us for purposes of the receipt of notice. D. Independent Counsel In the event the insured is entitled by applicable law to select independent counsel to defend a "claim" or "suit" at our expense, the attorneys' fees and all other expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the "claim" arose or the "suit" is being defended. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competence including at least 5 years of experience in defending "claims" or "suits" similar to the one pending against the insured and to require such counsel have errors and omissions insurance coverage with a limit at least equal to this Policy's applicable Each Insuring Agreement Limit. With respect to any such counsel, the insured agrees that counsel will: 1. Respond timely and regularly to our request for information regarding the "claim" or "suit"; and. 2. Provide regular status reports, budgets, case plans, and updates on significant developments. Furthermore, the insured may at any time, by the insured's written consent, freely and fully waive these rights to select independent counsel. E. Legal Action Against Us No person or organization has a right under this Policy to: 1. Join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. Sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for "losses" that are not payable under the terms of this Policy or that are in excess of the applicable Limit Of Insurance. An agreed settlement means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative. F. Other Insurance If other valid and collectible insurance is available to the insured for "loss" we cover under this Policy, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2. below applies. If this insurance is primary: a. This insurance is not contributory with any other insurance available to any third party liability policy if required by a written contract, signed by both parties, and executed prior to the commencement of operations or "your work". b. Our obligations are not affected unless any of the other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph 3. below. MEEI 0007 01 22 Page 13 of 20 2. Excess Insurance a. This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent, or on any other basis, if you are an insured on an insurance policy that applies to "your work" performed at a specific job site and that insurance policy applies to a specific job site; ' (2) Any other insurance, whether primary, excess, contingent, or on any other basis if you are an insured on an insurance policy that applies to "your work" performed at a specific job site and that insurance policy applies to a specific job site; (3) Any other valid and collectible insurance available to you covering liability for "losses" arising out of "your work", including that work for which you have been added as an additional insured by an endorsement, by definition in a contract or agreement, or by combination thereof; (4) Any other valid and collectible insurance available to any person or entity performing functions for others on your behalf as defined in "your work" in this Policy; (5) Any valid and collectible project-specific insurance policy, owner's protective insurance policy, owner- controlled insurance policy, contractor-controlled insurance policy, wrap-up policy, or similar insurance program under which an insured is covered; or (6) Any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, covering a: (a) "Transportation pollution condition", if Insuring Agreement A.2. Transportation Pollution Liability is shown as purchased in the Declarations; or (b) "Pollution condition" on a "non-owned disposal site", if Insuring Agreement A.3. Non-Owned Disposal Site Liability is shown as purchased in the Declarations. b. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the "loss", if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the damages in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining "loss", if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this Policy. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the "loss" remains, whichever comes first. However, our contribution will not apply until our applicable Deductible or Self-lnsured Retention is satisfied. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. G. Premium Audit 1. We will compute all premiums for this Policy in accordance with our rules, rates, rating plans, and minimum premium requirements. 2. Premium shown as Advance And Deposit Premium in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured shown in the Declarations. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the Policy Period is more than the greater of the MEEI 0007 01 22 Page 14 of 20 earned premium or Minimum Retained Premium shown in the Declarations, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. Representations By accepting this Policy, you agree: 1. The statements in the applications, other materials submitted to us, and Declarations are accurate and complete; 2. Those statements are based upon representations you made to us;and 3. We have issued this Policy in reliance upon your representations. I. Separation Of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first Named Insured shown in the Declarations, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom a "claim" is made. J. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after "loss" to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, we will waive any right of recovery we may have against any person(s) or organization(s) to whom the insured agrees in a written contract signed by both parties prior to the "loss", to provide a waiver of transfer of rights of recovery with respect to "claims" that result from "your work" under such contract(s). This waiver will not apply for "losses" resulting from the sole negligence of such person(s) or organ ization(s). SECTION VI - EXTENDED REPORTING PERIOD With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement: A. We will provide one or more Extended Reporting Periods, as described below, if: 1. The coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability is cancelled or not renewed; or 2. We renew or replace the coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability with insurance that: a. Has a retroactive date later than the Retroactive Date shown in the Declarations; or b. Does not apply to "claims" that result from a "pollution condition" on a claims-made basis. The quotation of a different premium, deductible, or limit of insurance for renewal does not constitute a cancellation or refusal to renew for the purpose of this provision. B. The Extended Reporting Periods do not extend the Policy Period or change the scope of coverage provided. They apply only to "claims" that result from "pollution conditions" that occur before the end of the Policy Period, but not before the Retroactive Date, if any, shown in the Declarations, provided the "claim" is first made against the insured during the Policy Period and reported to us during the Policy Period or the Extended Reporting Period. Once in effect, the Extended Reporting Period may not be cancelled. C. The Extended Reporting Periods will not reinstate or increase the Limits Of Insurance shown in the Declarations. D. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the Policy Period and lasts for 90 days. The Basic Extended Reporting Period does not apply to "claims" that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such "claims". E. An Optional Extended Reporting Period is available, subject to Paragraph F, below, but only by an endorsement for an extra charge. This Optional Extended Reporting Period starts when the Basic Extended Reporting Period, set forth in Paragraph D. above, ends. MEEI 0007 01 22 Page 15 of 20 You must give us a written request for the endorsement within 90 days after the end of the Policy Period. The Optional Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following: 1. The exposures insured; 2. Previous types and amounts of insurance; 3. Limits of insurance available under this Policy for future payment of "loss"; and 4. Other related factors. This endorsement will set forth the terms, not inconsistent with this section, applicable to the Optional Extended Reporting Period, including a provision to the effect that the insurance afforded for "claims" first received during such period is excess over any other valid and collectible insurance available under policies in force after the Optional Extended Reporting Period starts. F We do not have to provide an Optional Extended Reporting Period if: 1. There is any failure to pay any outstanding premiums when due; 2, You fail to repay any Self-lnsured Retention or Deductible amount we have paid; 3. You have purchased any other insurance to replace the insurance provided under this endorsement; or 4. The application for this Policy, including any addenda thereto, contains any material misrepresentation of fact. SECTION VII - DEFINITIONS A. "Auto" means a land motor vehicle, trailer, or semitrailer designed for travel on public roads, including any attached machinery or equipment. B. "Bodily injury" means physical injury, sickness, disease, mental anguish, or emotional distress, sustained by any person, including medical monitoring or death resulting from any of these at any time. C. "Cargo" means waste, products, or materials carried or delivered by a "covered conveyance". D. "Carrier" means a person or an entity, other than any insured or any subsidiary or affiliate company of any insured, engaged by the insured to transport material by aircraft, "auto", or watercraft, but only if such person or entity is properly licensed to transport such material and in the business of transporting such material. E. "Claim" means the insured's or our receipt of: 1. A written demand for reimbursement of "loss"; or 2. The service of "suit" or institution of arbitration proceedings against the insured. F. "Cleanup costs" means reasonable and necessary expenses incurred in the investigation, evaluation, monitoring, testing, removal, containment, treatment, disposal, remediation, detoxification, or neutralization of "pollutants", or any reasonable and necessary expense incurred in response to any "pollutants": 1. To the extent required by federal, state, local, or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including state voluntary clean up or risk-based corrective action guidance, governing the liability or responsibilities of the insured; or 2. Which have been actually incurred by the government or any political subdivision of the United States of America or any state thereof, or by third parties. "Cleanup costs" includes "restoration costs". G. "Completed operations" means "your work" that has been completed. "Completed operations" does not include "your work" that has been abandoned or has not yet been completed. "Your work" will be deemed completed at the earliest of the following times: 1. When all work to be performed under the contract has been completed; 2. When all of the work to be done at the site has been completed if the contract calls for work at more than one site; or 3. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. MEEI 0007 01 22 Page 16 of 20 "Your work" that may require further service, maintenance, correction, repair, or replacement, but is otherwise complete, will be deemed completed. H. "Coverage territory" means: 1. The United States of America and its territories and possessions; and 2. International waters or airspace, but only if the "loss" occurs in the course of travel or transportation between any places included in Paragraph 1. above. "Coverage territory" does not include military bases or installations not located in Paragraph 1. above. I. "Covered conveyance" means any conveyance operated by or on behalf of an insured used for transporting property. J. "Covered location" means any real property owned, leased, or operated for use as an office, warehouse, or for equipment storage by you at the time of the "loss" and as of the first date of the Policy Period shown on the Declarations. K. "Crisis management consultant" means a professional firm or consultant that provides crisis management services and has been approved in writing by us, the approval for which will not be unreasonable withheld. L. "Crisis management costs" means those reasonable and necessary fees and expenses: 1. Incurred by you within 90 days after the "crisis management event" is discovered by you and is thereafter approved by us in writing; and 2. For services provided to you by a "crisis management consultant" for the sole purpose of assisting you with: a. Managing the media in direct response to a "crisis management event" to which this insurance applies; or b. Minimizing the economic harm to you caused by a "crisis management event" to which this insurance applies by consulting with you with respect to maintaining and restoring your company's public image or reputation. You must take reasonable steps to minimize "crisis management costs". M. "Crisis management event" means the public announcement by a third party that a "pollution condition" for which you are legally responsible has caused: 1. "Bodily injury" involving third parties; or 2. "Property damage", but only to the extent resulting in actual physical damage to real property owned by third parties; provided that one of your "executive officers" has proffered, in our sole discretion, a good faith opinion that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your company's image or goodwill. N. "Domestic partner" means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state, or local law. 0. "Emergency response costs" means reasonable and necessary costs incurred to mitigate a "pollution condition" constituting an emergency situation under applicable law whereby in the absence of such mitigation: 1. "Bodily injury" or "property damage" to third parties is imminent; or 2. "Cleanup costs" pursuant to environmental law are incurred. P. "Employee" includes temporary and leased staff working on your behalf and under your direct supervision, but only with respect to "your work". Q. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws, or any other similar governing document. R. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: 1. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate, or dangerous; or 2. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment, or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. MEEI 0007 01 22 Page 17 of 20 S. "Insured contract" means: 1. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or 2. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed fora municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "cleanup costs" to a third person or organization, provided the "bodily injury", "property damage", or "cleanup costs" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph 2. does not include that part of any contract or agreement: a. That indemnifies an architect, engineer, or surveyor for injury or damage arising out of: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or b. Under which the insured, if an architect, engineer, or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render "professional services", including those listed in a. above and supervisory, inspection, architectural, or engineering activities. T. "Loading or unloading" means the handling of property: 1. After it is moved from the place where it is accepted for movement into or onto a vehicle; 2. While it is in or on a vehicle; or 3. While it is being moved from a vehicle to the place where it is finally delivered. U. "Loss" means: 1. The insured's legal liability for a monetary judgment, award, or settlement, including punitive damages and exemplary damages where insurable by applicable law, for "bodily injury" or "property damage", 2. "Cleanup costs" with respect to Insuring Agreements A.1. through A.4.; or 3. "Crisis management costs" or "emergency response costs" with respect to Insuring Agreement A.5., as applicable when shown as purchased in the Declarations. V. "Mediation" means non-binding dispute resolution conducted by a neutral third party to effect settlement of a "claim". W. "Mold" means any permanent or transient fungus, mold, mildew, or mycotoxin or any of the spores, scents, or by- products produced or released by fungus. X. "Natural resource damages" means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States of America, any state or local government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. Y. "Non-owned disposal site" means a location you use for the treatment, storage, or disposal of waste or material, provided the "non-owned disposal site": 1. Is not managed, operated, owned, or leased by any insured or any subsidiary or affiliate of any insured; 2. Is permitted or licensed by the applicable federal, state, local, or provincial authorities to accept such waste or material as of the date the waste or material is treated, stored, or disposed of at the "non-owned disposal site"; and 3. Is not listed on a proposed or final Federal National Priorities List or any state or provincial equivalent National Priority List, Superfund, or Hazardous Waste List prior to the treatment, storage, or disposal of the waste or material at the "non-owned disposal site". Z. "Pollutants" means any solid, liquid, gaseous, thermal, biological, or low-level radioactive substance, material or matter, irritant, or contaminant including smoke, vapor, soot, silt, sedimentation, fumes, acids, alkalis, chemicals, and waste. MEEI 0007 01 22 Page 18 of 20 With respect to Insuring Agreements A.1. Contractor's Pollution Liability and A.5 Crisis Management And Emergency Response Costs only, if shown as purchased in the Declarations, "pollutants" includes "mold" and legionella pneumophila. AA."Pollution condition" means: 1. The discharge, dispersal, seepage, migration, growth, release, or escape of "pollutants"; or 2. The illicit abandonment of "pollutants" by a third party without your consent at a job site or a "covered location". With respect to Insuring Agreements A.2. Transportation Pollution Liability and A.5. Crisis Management And Emergency Response Costs only, if shown as purchased in the Declarations, "pollution condition" includes "transportation pollution condition". BB. "Professional services" means those functions performed for others by you or on your behalf that are related to your practice as a consultant, engineer, architect, surveyor, laboratory, project manager, or construction manager including, but not limited to, engineering services or the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. CC. "Property damage" means: 1. Physical injury to tangible property, including all resulting loss of use or diminution in value of that property. All such loss of use or diminution in value will be deemed to occur at the time of the physical injury that caused it; 2. Loss of use or diminution in value of tangible property that is not physically injured. All such loss of use or diminution in value will be deemed to occur at the time of the "claim"; or 3. "Natural resource damages". DD. "Responsible insured" means: 1. You, your "executive officer", director, partner, member, or manager; 2. Any insured who has responsibility, in whole or in part, for risk control, risk management, health and safety, or environmental affairs control or compliance; or 3. Any insured who signed or who has responsibility, in whole or in part, for completing the application on which we relied in issuing this Policy. EE. "Restoration costs" means reasonable and necessary costs incurred by the insured with our consent, which will not be unreasonably withheld or delayed, to restore, repair, or replace real or personal property to substantially the same condition it was in prior to being damaged during work performed in the course of incurring "cleanup costs". However, such "restoration costs": 1. Will not exceed the actual cash value of such property immediately prior to incurring "cleanup costs"; or 2. Will not include costs associated with improvements or betterments, ordinance, or law, except to the extent: a. Such improvements or betterments of the damaged property entail the use of materials which are environmentally preferable to those materials which comprised the damaged property; and b. Such environmentally preferable material must be certified as such by an applicable independent certifying body, where such certification is available, or, in the absence of such certification, based on our judgment in our sole discretion. FF. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", or "cleanup costs" to which this insurance applies are alleged. "Suit" includes: 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. GG.'Temporary storage" means storage of materials in a locked and secure storage container with clearly posted warning signs for a period of up to 30 days at a premise you own or rent. "Temporary storage" does not include storage of materials at any site at which you are performing "your work". HH. "Transportation pollution condition" means the emission, discharge, dispersal, release, or escape of "pollutants" from a "covered conveyance" which occurs beyond the boundaries of a "covered location" or ajobsite. MEEI 0007 01 22 Page 19 of 20 II. "Transported cargo" means the insured's "cargo" after it is moved from the place where it is accepted by or on behalf of an insured for movement into or onto a "covered conveyance", until the "cargo" is moved from the "covered conveyance" to the place where it is finally delivered on behalf of the insured. "Transported cargo" also includes the insured's "cargo" during "loading or unloading" to or from a "covered conveyance". JJ. "Unmanned aircraft" means an aircraft that is not designed, manufactured, or modified after manufacture to be controlled directly by a person from within or on the aircraft. KK. "Your product": 1. Means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts, or equipment furnished in connection with such goods or products. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of "your product"; and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. LL. "Your work": 1. Means: a. Contracting work or contracting operations as disclosed in the application or which are specifically endorsed to this Policy performed by you or on your behalf for others at a location that you do not own, control, rent, or occupy other than for the purpose of performing "your work"; and b. Materials, parts, or equipment furnished in connection with such work or operations. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of "your work"; b. The providing of or failure to provide warnings or instructions; c. The "completed operations" of "your work"; and d. With respect to Insuring Agreement A.1. Contractor's Pollution Liability, the "temporary storage" of asbestos, or any material or substance containing asbestos, asbestos fibers, or asbestiform talc that was removed in the course of "your work". MEEI 0007 01 22 Page 20 of 20 ENVIRONMENTAL EVANSTON INSURANCE CO PANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM The following is added to Condition 4. Other Insurance, a. Primary Insurance under Section V - Conditions: However, this insurance will be primary and non-contributory with any other insurance available to: (1) Any person or organization under any other third party liability policy if required by a written contract, signed by both parties, and executed prior to the commencement of operations or "your work"; and (2) Any other person or organization you are required to waive such rights of recovery against under the written contract or agreement described in Paragraph (1) above. All other terms and conditions remain unchanged. MEEI29130520 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1