csu producer resources, inc. - souleventsusa.com · csu producer resources, inc. 6200 south gilmore...

Date:

To:

From:

Insured:

INSURANCE BINDERThank you for placing your insurance with us. Please read this binder carefully since coverage terms may not be the same as you requested. This binder serves as proof of insurance beginning on the Effective Date shown below, subject to all terms and conditions of the policy or policies that will be issued. In the event of any inconsistency, the terms and conditions of the policy or policies prevail.

Coverage to be provided by The Cincinnati Specialty Underwriters Insurance Company, an approved non-admitted company.

1600 Canyon BoulevardBoulder CO 80302

Tammy Lienberger

2305 CANYON BLVD STE 103BOULDER CO 80302

Team Get Outdoors DBA Soul Events

Taggart & Associates, Inc.

05-005

CSU Producer Resources, Inc.A subsidiary of Cincinnati Financial Corporation

P.O. Box 145496, Cincinnati, OH 45250-5496513-870-2000

NOTICE TO POLICYHOLDER:This contract is delivered as a surplus line coverage under the “ Nonadmitted Insurance Act ”. The insurer issuing this contract is not licensed in Colorado but is an approved nonadmitted insurer. There is no protection under the provisions of the “ Colorado Insurance Guaranty Association Act ”.

Policy Number:

Expiration Date:

Coverage:

Effective Date:

Description of Operations: Special Event

CSU0021622

09/11/2010 09/12/2010

General Liability - OCCURRENCE Retroactive Date: NONE

Per Claim

General Aggregate other than Completed Operations

Property Damage

Products/Completed Operations Aggregate

Limits of Insurance

Per OccurrenceDeductible

Each Offense – Personal & Advertising InjuryMedical ExpenseDamage to Premises Rented to You

Combined BI and PD

Bodily Injury

Each Occurrence

Not Applicable

1,000,000

$

$

Not Applicable

$

$ 100,0001,000,000

Not Applicable

500

2,000,000

$2,000,000

Excluded

Not Applicable

$Not Applicable

CSIA 402 05 10 . Page of 1 2

Attached to Binder - Policy Number:

Re:

Binder Letter Issued: 08/31/2010CSU0021622


TOTAL

Other taxes or Fees

Surplus Lines Tax

Terrorism Risk Insurance

CGL Deposit Premium

Stamping Fee

Extension Act

Provisions applicable to premium:A. Payment Terms: Premium is payable in full within 30 days of the policy Effective Date.B. If payment is not received by the company within 30 days of the policy Effective Date, coverage

will be cancelled and may not be reinstated or may not be reinstated at the same terms and conditions.

C. If premium is financed and the finance company requests the company to cancel coverage, the company will honor that request. If the finance company subsequently requests the company to reinstate coverage, the company, at its sole discretion, may not reinstate coverage or may reinstate coverage with a gap in coverage terms or conditions.

D. Premium is subject to annual audit: Yes NoE. Minimum Earned Premium at Inception: 100%

Minimum earned premium is the minimum amount to be retained as premium if coverage is cancelled at the insured’s request after coverage is bound with the company.

F. Minimum Premium is the lowest amount to be retained for the policy period. Minimum premium is equal to 100% of the deposit premium.

G. Flat Charge: Any premium shown as flat charge is fully earned and is not subject to the minimum earned premium.

Forms and Endorsements: Refer to Forms and Endorsements Schedule CSIA 406 08 07

Standard Terms and Conditions:1. In compliance with TRIEA, a signed disclosure statement and coverage selection form is

required at the time coverage is bound.2. Commission: 15%

500.00

Excluded

515.00

N/A

Premium:

15.00

N/A

X

$

$

$

Additional Terms and Conditions and Remarks:

Signed by:(Authorized representative or countersignature, where applicable)

Broker Number

Authority to Issue Certificates of Insurance:After coverage is bound with our prior approval, you may issue unmodified ACORD Certificates of Insurance with an accurate representation of the coverage form and endorsements applicable to the policy at the time you issue the Certificate. No modification to the ACORD Certificate of Insurance is allowed without prior written approval from the company.

Certificates of Insurance do not amend, extend or alter policy coverage, terms or conditions in any manner. Changes to the policy are permitted only with prior written approval by the company.

Bradley R. Boyett 306517

CSIA 402 05 10 . Page of 2 2

POLICY NUMBER: POLICY EFFECTIVE DATE:

NAMED INSURED:

FORMS APPLICABLE

Forms and Endorsements Schedule

CSIA 406 08 07 Page of

Forms Applicable - Common Forms

CSIA401 (05/10) Quote Letter

CSIA402 (05/10) Binder Letter

CSIA501 (09/09) Common Policy Declarations

CSIA409 (01/08) Named Insured Schedule

CSIA410 (03/08) Notice to Policyholders

CSIA300 (01/09) Exclusion of Certified Acts and Other Acts of Terrorism

Forms Applicable - Commercial General Liability

CSGA501 (04/08) Commercial General Liability Coverage Part Declarations

CSGA403 (10/07) Liability Premises Schedule

CSGA408 (04/08) Commercial General Liability Classification and Premium Schedule

CG0001 (12/07) Commercial General Liability Coverage Form (Occurrence Version)

CSIA403 (08/07) Special Provisions - Premium

CSIA404 (08/07) Service of Suit

IL0017 (11/98) Common Policy Conditions

IL0003 (09/08) Calculation of Premium

CG2426 (07/04) Amendment Of Insured Contract Definition

CG2196 (03/05) Silica Or Silica-Related Dust Exclusion

CG2150 (09/89) Amendment Of Liquor Liability Exclusion

CG2149 (09/99) Total Pollution Exclusion Endorsement

CG2147 (12/07) Employment-Related Practices Exclusion

CG0300 (01/96) Deductible Liability Insurance

CSGA301 (01/08) Exclusion - Assault or Battery

1 2


CSU0021622 09/11/2010


NAMED INSURED:

FORMS APPLICABLE




CSGA401 (01/08) Changes to Commercial General Liability Coverage Form

CSGA418 (06/08) Amendment of Pollutants Definition

CSGA364 (06/08) Exclusion - Coverage C - Medical Payments

CSGA361 (06/08) Exclusion - Fungi or Bacteria

CSGA439 (11/08) Amendment of Duties in the Event of Occurrence Offense Claim or Suit Condition

IL0228 (09/07) CO Changes - Cancellation and Nonrenewal

IL0021 (09/08) Nuclear Energy Liability Exclusion Endorsement

CG0068 (05/09) Recording and Distribution of Material or Information in Violation of Law Exclusion

CSLL348 (01/08) Limitation - No Stacking of Limits of Insurance

CG2146 (07/98) Abuse Or Molestation Exclusion

CSGA359 (06/08) Exclusion - Amusement Ride or Device

CSGA306 (01/08) Exclusion - Communicable Disease, Contagious Disease or Infectious Disease

CSGA315 (01/08) Exclusion - Firearms or Ammunition

CSGA342 (01/08) Exclusion - Fireworks or Pyrotechnics

CSGA356 (06/08) Exclusion - Microorganisms Biological Organisms Bioaerosols or Organic Contaminants

CSGA358 (06/08) Exclusion - Participants and Contestants

CSGA416 (04/08) Independent Contractors Limitations of Coverage

CSIA405 (08/09)-A Special Event

2 2


CSU0021622 09/11/2010

Commercial General Liability Premises Schedule

POLICY NUMBER: POLICY EFFECTIVE DATE: if Supplemental Declarations Is Attached

NAMED INSURED:

LOC. ADDRESS

CSGA 403 10 07 Page of

X

1 2305 CANYON BLVD STE 103BOULDER CO 80302

1 1


CSU0021622 09/11/2010

Commercial General Liability Classification and Premium Schedule


NAMED INSURED:LOC CLASSIFICATION CODE RATE

NO.DEPOSIT PREMIUM

NO.Products/

Completed Operations

Premises Operations and

All Other

Products/Completed Operations


All Other

PREMIUM BASE

A - AreaB - PayrollS - Gross SalesU - UnitsO - Other

2010-09-11CSU0021622


$ $$$Sport or Outdoor Activities - commercially operated

U, If Any1 48610 .000268.641

$ $$$CSIA4050809-A-Special Event 500

CSGA 408 04 08 Page of1 1

THE CINCINNATI SPECIALTY UNDERWRITERS INSURANCE COMPANY

COMMON POLICY DECLARATIONS

POLICY NUMBER: PREVIOUS POLICY NUMBER:

NAMED INSURED AND MAILING ADDRESS:

PRODUCER - Your contact for matters pertaining to this policy:

Policy Period: From To AT 12:01 A.M. STANDARD TIME AT YOUR MAILING

ADDRESS SHOWN ABOVE.

Form of Business:

Individual Partnership Joint VentureCorporation OtherLimited Liability Company

Business Description:

COVERAGE PARTS PREMIUM

Broker:

Refer to Named Insured Schedule CSIA 409

DEPOSIT PREMIUM

P.O. BOX 145496, CINCINNATI, OH 45250-5496513-870-2000

A stock insurance company

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THISPOLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM ISINDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.

306517

2305 CANYON BLVD STE 103BOULDER CO 80302

CSU Producer Resources, Inc.6200 South Gilmore RoadFairfield, OH 45014-5141Bradley R. Boyett

X

Special Event

Boulder CO 80302

Taggart & Associates, Inc.1600 Canyon Boulevard


CSU0021622

09/11/2010 09/12/2010

05-005

$ 500.00Commercial General Liability

Terrorism Risk Insurance Extension Act Excluded

$

Premium is subject to annual audit: NoYes

TOTAL POLICY PREMIUM

$

Surplus Lines Taxes

Stamping Fee

Other Taxes or Fees

TOTAL

CANCELLATION MINIMUM EARNED PREMIUM IS 100.0% OF TOTAL POLICY PREMIUM.

N/A

N/A

15.00

515.00

$

500.00

X

NOTICE TO POLICYHOLDER:This contract is delivered as a surplus line coverage under the “ Nonadmitted Insurance Act ”. The insurer issuing this contract is not licensed in Colorado but is an approved nonadmitted insurer. There is no protection under the provisions of the “ Colorado Insurance Guaranty Association Act ”.

Refer to Forms and Endorsements Schedule

FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT TIME OF ISSUE:

Signed by:(Authorized representative or countersignature, where applicable)

Date

THIS COMMON POLICY DECLARATIONS AND THE SUPPLEMENTAL DECLARATION(S) TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART(S), COVERAGE FORM(S) AND FORM(S) AND ENDORSEMENT(S), IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.

CSIA406

Page ofIncludes copyrighted material of ISO

CSIA 501 09 09 Properties, Inc., with its permission 1 1

POLICY NUMBER:

Page of

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NAMED INSURED SCHEDULE

This Schedule supplements the Declarations. SCHEDULE

Named Insured:

CSIA 409 01 08 1 1


CSU0021622


NAMED INSURED:

FORMS APPLICABLE



Forms Applicable - Common Forms

CSIA401 (05/10) Quote Letter

CSIA402 (05/10) Binder Letter

CSIA501 (09/09) Common Policy Declarations

CSIA409 (01/08) Named Insured Schedule

CSIA410 (03/08) Notice to Policyholders

CSIA300 (01/09) Exclusion of Certified Acts and Other Acts of Terrorism


CSGA501 (04/08) Commercial General Liability Coverage Part Declarations

CSGA403 (10/07) Liability Premises Schedule

CSGA408 (04/08) Commercial General Liability Classification and Premium Schedule

CG0001 (12/07) Commercial General Liability Coverage Form (Occurrence Version)

CSIA403 (08/07) Special Provisions - Premium

CSIA404 (08/07) Service of Suit

IL0017 (11/98) Common Policy Conditions

IL0003 (09/08) Calculation of Premium

CG2426 (07/04) Amendment Of Insured Contract Definition

CG2196 (03/05) Silica Or Silica-Related Dust Exclusion

CG2150 (09/89) Amendment Of Liquor Liability Exclusion

CG2149 (09/99) Total Pollution Exclusion Endorsement

CG2147 (12/07) Employment-Related Practices Exclusion

CG0300 (01/96) Deductible Liability Insurance

CSGA301 (01/08) Exclusion - Assault or Battery

1 2


CSU0021622 09/11/2010


NAMED INSURED:

FORMS APPLICABLE




CSGA401 (01/08) Changes to Commercial General Liability Coverage Form

CSGA418 (06/08) Amendment of Pollutants Definition

CSGA364 (06/08) Exclusion - Coverage C - Medical Payments

CSGA361 (06/08) Exclusion - Fungi or Bacteria

CSGA439 (11/08) Amendment of Duties in the Event of Occurrence Offense Claim or Suit Condition

IL0228 (09/07) CO Changes - Cancellation and Nonrenewal

IL0021 (09/08) Nuclear Energy Liability Exclusion Endorsement

CG0068 (05/09) Recording and Distribution of Material or Information in Violation of Law Exclusion

CSLL348 (01/08) Limitation - No Stacking of Limits of Insurance

CG2146 (07/98) Abuse Or Molestation Exclusion

CSGA359 (06/08) Exclusion - Amusement Ride or Device

CSGA306 (01/08) Exclusion - Communicable Disease, Contagious Disease or Infectious Disease

CSGA315 (01/08) Exclusion - Firearms or Ammunition

CSGA342 (01/08) Exclusion - Fireworks or Pyrotechnics

CSGA356 (06/08) Exclusion - Microorganisms Biological Organisms Bioaerosols or Organic Contaminants

CSGA358 (06/08) Exclusion - Participants and Contestants

CSGA416 (04/08) Independent Contractors Limitations of Coverage

CSIA405 (08/09)-A Special Event

2 2


CSU0021622 09/11/2010

CSIA 410 03 08 Page 1 of 1


NOTICE TO POLICYHOLDERS

Please be advised that in your application for insurance you disclosed information to The Cincinnati SpecialtyUnderwriters Insurance Company, a subsidiary of The Cincinnati Insurance Company. The informationdisclosed in the application and all information collected by this company or The Cincinnati InsuranceCompany, The Cincinnati Casualty Company or The Cincinnati Indemnity Company may be shared among allfour companies.

Includes copyrighted material of ISOProperties, Inc. and American Association

CSIA 300 01 09 of Insurance Services, Inc., with its permission. Page 1 of 3

CSIA 300 01 09

THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.

EXCLUSION OF CERTIFIED ACTS AND

OTHER ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

All Commercial Lines Coverage Parts, Coverage Forms, Policies and Endorsements except Medi-cal Professional Liability (professional liability forms insuring dentists, optometrists, nurses, andnursing homes, among others)

A. The following definitions are added with re-spect to the provisions of this endorsement:

1. "Certified act of terrorism" means an actthat is certified by the Secretary of theTreasury, in concurrence with the Secre-tary of State and the Attorney General ofthe United States, to be an act of terror-ism pursuant to the federal TerrorismRisk Insurance Act. The criteria containedin the Terrorism Risk Insurance Act for a"certified act of terrorism" include the fol-lowing:

a. The act resulted in insured losses inexcess of $5 million in the aggre-gate, attributable to all types of in-surance subject to the TerrorismRisk Insurance Act; and

b. The act is a violent act or an act thatis dangerous to human life, propertyor infrastructure and is committed byan individual or individuals as part ofan effort to coerce the civilian popu-lation of the United States or to influ-ence the policy or affect the conductof the United States Government bycoercion.

2. "Other act of terrorism" means a violentact or an act that is dangerous to humanlife, property or infrastructure that iscommitted by an individual or individualsand that appears to be part of an effort tocoerce the civilian population or to influ-ence the policy or affect the conduct ofany government by coercion, and the actis not a "certified act of terrorism".

B. The following exclusion is added:

EXCLUSION OF CERTIFIED ACTS ANDOTHER ACTS OF TERRORISM

We will not pay for any loss, injury or damagecaused directly or indirectly by a "certified actof terrorism" or an "other act of terrorism".

Such loss or damage is excluded regardlessof any other cause or event that contributesconcurrently or in any sequence to the loss.

But with respect to an "other act of terrorism",this exclusion applies only when one or moreof the following are attributed to such act:

1. The terrorism is carried out by means ofthe dispersal or application of pathogenicor poisonous biological or chemical mate-rials;

2. Pathogenic or poisonous biological orchemical materials are released, and itappears that one purpose of the terrorismwas to release such materials;

3. The total of insured damage to all typesof property in the United States, its territo-ries and possessions, Puerto Rico andCanada exceeds $25,000,000. In deter-mining whether the $25,000,000 thresh-old is exceeded, we will include all in-sured damage sustained by property ofall persons and entities affected by theterrorism and business interruptionlosses sustained by owners or occupantsof the damaged property. For the pur-pose of this provision, insured damagemeans damage that is covered by anyinsurance plus damage that would becovered by any insurance but for the ap-plication of any terrorism exclusions. Mul-tiple incidents of "other acts of terrorism"which occur within a 72-hour period andappear to be carried out in concert or tohave a related purpose or common lead-ership will be deemed to be one incident;

4. Fifty or more persons sustain death or se-rious physical injury. For the purposes ofthis provision, serious physical injurymeans:

a. Physical injury that involves a sub-stantial risk of death;



b. Protracted and obvious physical dis-figurement; or

c. Protracted loss of or impairment ofthe function of a bodily member ororgan; or

5. The terrorism involves the use, release orescape of nuclear materials, or directly orindirectly results in nuclear reaction or ra-diation or radioactive contamination.

Paragraphs B.3. and B.4. immediately pre-ceding, describe the threshold used to meas-ure the magnitude of an "other act of terror-ism" and the circumstances in which thethreshold will apply, for the purpose of deter-mining whether this Exclusion will apply to thatincident. When the Exclusion applies to an"other act of terrorism", there is no coverageunder this Coverage Part, Coverage Form,Policy or Endorsement, except as provided inthis Endorsement.

However, Paragraph B.4. immediately pre-ceding, is not to be used as a threshold tomeasure the magnitude of an "other act of ter-rorism" for the purposes of determining if thisexclusion applies to a Commercial PropertyCoverage Part, Commercial Inland MarineCoverage Part, Machinery and EquipmentCoverage Part, Commercial Crime CoverageForm, Commercial Crime Policy, EmployeeTheft and Forgery Policy, Farm Property Cov-erage Part, Government Crime CoverageForm, Government Crime Policy, StandardProperty Policy, or Section I of the Business-owners Package Policy.

C. Exception Covering Certain Fire Losses

The following modifies insurance providedunder the following: Commercial Inland Ma-rine Coverage Part, Commercial PropertyCoverage Part, Farm Coverage Part andStandard Property Policy:

If a "certified act of terrorism" or an "other actof terrorism" causes fire damage to propertythat is subject to the Standard Fire Policy in astate that utilizes the Standard Fire Policy asits minimum fire coverage standard, we willpay for the loss or damage caused by thatfire. Such coverage for fire applies only to di-rect loss or damage by fire to Covered Prop-erty. Therefore, for example, the coveragedoes not apply to insurance provided underBusiness Income and / or Extra Expense cov-erages, or to the Legal Liability CoverageForm or the Leasehold Interest CoverageForm.

With respect to fire resulting from any one ormore "certified acts of terrorism" under thefederal Terrorism Risk Insurance Act, we willnot pay any amounts for which we are not re-

sponsible under the terms of that Act (includ-ing subsequent action of Congress pursuantto the Act) due to the application of any clausewhich results in a cap on our liability for pay-ments for terrorism losses.

This Section C. does not apply to:

1. A Coverage Part for a "certified act of ter-rorism" or "other act of terrorism" that oc-curs in a state that allows an exceptionfor fire resulting from terrorism; or

2. An Inland Marine Coverage Part for a"certified act of terrorism" or "other act ofterrorism" that occurs in a state that al-lows a commercial inland marine excep-tion,

to its Standard Fire Policy minimum fire cov-erage regulations.

D. Exception Covering Minimum FinancialResponsibility

The following applies to the Business AutoCoverage Form, Business Auto PhysicalDamage Coverage Form, Garage CoverageForm, Motor Carrier Coverage Form, SingleInterest Automobile Physical Damage Insur-ance Policy and Truckers Coverage Form ifthey are included in, or are part of, this Policyand if the "certified act of terrorism" or "otheract of terrorism" causes loss in a state that re-quires compulsory or financial responsibilityminimum limits apply to excluded acts of ter-rorism:

The exclusion stated in Section B. of this en-dorsement does not apply to:

1. Liability or Personal Injury ProtectionCoverage, but only up to the state com-pulsory or financial responsibility lawminimum limits of insurance for eachcoverage; and

2. Uninsured and / or Underinsured Motor-ists Coverage, if applicable, but only up tothe minimum statutory permitted limits ofinsurance for each coverage.

E. Application of Other Exclusions

The terms and limitations of any terrorism ex-clusion, or the inapplicability or omission of aterrorism exclusion, do not serve to createcoverage for any loss which would otherwisebe excluded under this Coverage Part, Cov-erage Form, Policy or endorsement such aslosses excluded by:

1. Exclusions that address war, warlike ac-tion, insurrection, rebellion, revolution,military action, nuclear hazard, nuclearmaterials, nuclear reaction, radiation, orradioactive contamination;



2. Exclusions that address pollutants, con-tamination, deterioration, fungi or bacte-ria; or

3. Any other exclusion,

regardless if the "certified act of terrorism" or"other act of terrorism" contributes concur-rently or in any sequence to the loss, injury ordamage.

F. Conformity With Statute

If any terms or conditions of this endorsementare in conflict with the laws of the jurisdictionunder which this policy is construed, thensuch terms and conditions will be deemedchanged to conform with such laws, but only

to the extent that such terms and conditionsare otherwise covered by the Coverage Part,Coverage Form, Policy or Endorsement towhich this endorsement applies.

G. Supersession

The exclusions for acts of terrorism in this en-dorsement supersede any offers of terrorismcoverage.

H. Sunset Clause

If the federal Terrorism Risk Insurance Actexpires or is repealed, then this endorsementis null and void for any act of terrorism except"other acts of terrorism" that takes place afterthe expiration or repeal of the Act.


COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS

LIMITS OF INSURANCE

Attached to and forming part of POLICY NUMBER:

Named Insured:

Effective date:

EACH OCCURRENCE LIMIT

DAMAGE TO PREMISES

RENTED TO YOU LIMIT

MEDICAL EXPENSE LIMIT

GENERAL AGGREGATE LIMIT

PERSONAL & ADVERTISING INJURY LIMIT

PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT

$

$

$

$

$

$

Any one premises

Any one person

Any one person or organization

COMMERCIAL GENERAL LIABILITY CLASSIFICATION AND PREMIUM SCHEDULE:

Refer to CSGA 403

Refer to CSGA 408

COMMERCIAL GENERAL LIABILITY PREMISES SCHEDULE :

Refer to Forms and Endorsements Schedule CSIA 406

FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

Premium is subject to annual audit: Yes NoTOTAL DEPOSIT PREMIUM $

Includes copyrighted material of ISOCSGA 501 04 08 Properties, Inc., with its permission. Page 1 of 1

1,000,000

100,000

Excluded

1,000,000

2,000,000

2,000,000

500

X


CSU0021622 09/11/2010

Commercial General Liability Premises Schedule

POLICY NUMBER: POLICY EFFECTIVE DATE: if Supplemental

Declarations Is Attached

NAMED INSURED:

LOC. ADDRESS

CSGA 403 10 07 Page of

X

1 2305 CANYON BLVD STE 103BOULDER CO 80302

1 1


CSU0021622 09/11/2010

Commercial General Liability Classification and Premium Schedule


NAMED INSURED:

LOC CLASSIFICATION CODE RATENO.

DEPOSIT PREMIUMNO.



All Other



All Other

PREMIUM BASE

A - AreaB - PayrollS - Gross SalesU - UnitsO - Other

2010-09-11CSU0021622


$ $$$Sport or Outdoor Activities - commercially operated

U, If Any1 48610 .000268.641

$ $$$CSIA4050809-A-Special Event 500

CSGA 408 04 08 Page of1 1

COMMERCIAL GENERAL LIABILITYCG 00 01 12 07

CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 o

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is and is not covered.

Throughout this policy the words "you" and "your"refer to the Named Insured shown in the Declarations,and any other person or organization qualifying as aNamed Insured under this policy. The words "we","us" and "our" refer to the company providing thisinsurance.

The word "insured" means any person or organizationqualifying as such under Section II – Who Is An In-sured.

Other words and phrases that appear in quotationmarks have special meaning. Refer to Section V –Definitions.

SECTION I – COVERAGES

COVERAGE A BODILY INJURY AND PROPERTYDAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured be-comes legally obligated to pay as damagesbecause of "bodily injury" or "property damage"to which this insurance applies. We will havethe right and duty to defend the insured againstany "suit" seeking those damages. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for "bodilyinjury" or "property damage" to which this in-surance does not apply. We may, at our discre-tion, investigate any "occurrence" and settleany claim or "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and

(2) Our right and duty to defend ends when wehave used up the applicable limit of insur-ance in the payment of judgments or set-tlements under Coverages A or B or medi-cal expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unless ex-plicitly provided for under Supplementary Pay-ments – Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takes placein the "coverage territory";

(2) The "bodily injury" or "property damage"occurs during the policy period; and

(3) Prior to the policy period, no insured listedunder Paragraph 1. of Section II – Who IsAn Insured and no "employee" authorizedby you to give or receive notice of an "oc-currence" or claim, knew that the "bodily in-jury" or "property damage" had occurred, inwhole or in part. If such a listed insured orauthorized "employee" knew, prior to thepolicy period, that the "bodily injury" or"property damage" occurred, then any con-tinuation, change or resumption of such"bodily injury" or "property damage" duringor after the policy period will be deemed tohave been known prior to the policy period.

c. "Bodily injury" or "property damage" whichoccurs during the policy period and was not,prior to the policy period, known to have oc-curred by any insured listed under Paragraph1. of Section II – Who Is An Insured or any"employee" authorized by you to give or re-ceive notice of an "occurrence" or claim, in-cludes any continuation, change or resumptionof that "bodily injury" or "property damage" af-ter the end of the policy period.

d. "Bodily injury" or "property damage" will bedeemed to have been known to have occurredat the earliest time when any insured listed un-der Paragraph 1. of Section II – Who Is An In-sured or any "employee" authorized by you togive or receive notice of an "occurrence" orclaim:

(1) Reports all, or any part, of the "bodily injury"or "property damage" to us or any other in-surer;

(2) Receives a written or verbal demand orclaim for damages because of the "bodilyinjury" or "property damage"; or

(3) Becomes aware by any other means that"bodily injury" or "property damage" has oc-curred or has begun to occur.

of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 o

e. Damages because of "bodily injury" includedamages claimed by any person or organiza-tion for care, loss of services or death resultingat any time from the "bodily injury".

2. Exclusions

This insurance does not apply to:

a. Expected Or Intended Injury

"Bodily injury" or "property damage" expectedor intended from the standpoint of the insured.This exclusion does not apply to "bodily injury"resulting from the use of reasonable force toprotect persons or property.

b. Contractual Liability

"Bodily injury" or "property damage" for whichthe insured is obligated to pay damages byreason of the assumption of liability in a con-tract or agreement. This exclusion does notapply to liability for damages:

(1) That the insured would have in the absenceof the contract or agreement; or

(2) Assumed in a contract or agreement that isan "insured contract", provided the "bodilyinjury" or "property damage" occurs subse-quent to the execution of the contract oragreement. Solely for the purposes of liabil-ity assumed in an "insured contract", rea-sonable attorney fees and necessary litiga-tion expenses incurred by or for a partyother than an insured are deemed to bedamages because of "bodily injury" or"property damage", provided:

(a) Liability to such party for, or for the costof, that party's defense has also beenassumed in the same "insured contract";and

(b) Such attorney fees and litigation ex-penses are for defense of that partyagainst a civil or alternative disputeresolution proceeding in which damagesto which this insurance applies are al-leged.

c. Liquor Liability

"Bodily injury" or "property damage" for whichany insured may be held liable by reason of:

(1) Causing or contributing to the intoxication ofany person;

(2) The furnishing of alcoholic beverages to aperson under the legal drinking age or un-der the influence of alcohol; or

(3) Any statute, ordinance or regulation relatingto the sale, gift, distribution or use of alco-holic beverages.

This exclusion applies only if you are in thebusiness of manufacturing, distributing, selling,serving or furnishing alcoholic beverages.

d. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers'compensation, disability benefits or unem-ployment compensation law or any similar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured arising out ofand in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the conductof the insured's business; or

(2) The spouse, child, parent, brother or sisterof that "employee" as a consequence ofParagraph (1) above.

This exclusion applies whether the insuredmay be liable as an employer or in any othercapacity and to any obligation to share dam-ages with or repay someone else who mustpay damages because of the injury.

This exclusion does not apply to liability as-sumed by the insured under an "insured con-tract".


f. Pollution

(1) "Bodily injury" or "property damage" arisingout of the actual, alleged or threatened dis-charge, dispersal, seepage, migration, re-lease or escape of "pollutants":

(a) At or from any premises, site or locationwhich is or was at any time owned oroccupied by, or rented or loaned to, anyinsured. However, this subparagraphdoes not apply to:

(i) "Bodily injury" if sustained within abuilding and caused by smoke,fumes, vapor or soot produced by ororiginating from equipment that isused to heat, cool or dehumidify thebuilding, or equipment that is used toheat water for personal use, by thebuilding's occupants or their guests;

(ii) "Bodily injury" or "property damage"for which you may be held liable, ifyou are a contractor and the owneror lessee of such premises, site orlocation has been added to your pol-icy as an additional insured with re-spect to your ongoing operationsperformed for that additional insuredat that premises, site or location andsuch premises, site or location is notand never was owned or occupiedby, or rented or loaned to, any in-sured, other than that additional in-sured; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire";

(b) At or from any premises, site or locationwhich is or was at any time used by orfor any insured or others for the han-dling, storage, disposal, processing ortreatment of waste;

(c) Which are or were at any time trans-ported, handled, stored, treated, dis-posed of, or processed as waste by orfor:

(i) Any insured; or

(ii) Any person or organization for whomyou may be legally responsible; or

(d) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly or in-directly on any insured's behalf are per-forming operations if the "pollutants" arebrought on or to the premises, site or lo-cation in connection with such opera-tions by such insured, contractor or sub-contractor. However, this subparagraphdoes not apply to:

(i) "Bodily injury" or "property damage"arising out of the escape of fuels, lu-bricants or other operating fluidswhich are needed to perform thenormal electrical, hydraulic or me-chanical functions necessary for theoperation of "mobile equipment" orits parts, if such fuels, lubricants orother operating fluids escape from avehicle part designed to hold, storeor receive them. This exception doesnot apply if the "bodily injury" or"property damage" arises out of theintentional discharge, dispersal or re-lease of the fuels, lubricants or otheroperating fluids, or if such fuels, lu-bricants or other operating fluids arebrought on or to the premises, site orlocation with the intent that they bedischarged, dispersed or released aspart of the operations being per-formed by such insured, contractoror subcontractor;

(ii) "Bodily injury" or "property damage"sustained within a building andcaused by the release of gases,fumes or vapors from materialsbrought into that building in connec-tion with operations being performedby you or on your behalf by a con-tractor or subcontractor; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire".

(e) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly or in-directly on any insured's behalf are per-forming operations if the operations areto test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, orin any way respond to, or assess the ef-fects of, "pollutants".


(2) Any loss, cost or expense arising out ofany:

(a) Request, demand, order or statutory orregulatory requirement that any insuredor others test for, monitor, clean up, re-move, contain, treat, detoxify or neutral-ize, or in any way respond to, or assessthe effects of, "pollutants"; or

(b) Claim or "suit" by or on behalf of a gov-ernmental authority for damages be-cause of testing for, monitoring, cleaningup, removing, containing, treating, de-toxifying or neutralizing, or in any wayresponding to, or assessing the effectsof, "pollutants".

However, this paragraph does not apply toliability for damages because of "propertydamage" that the insured would have in theabsence of such request, demand, order orstatutory or regulatory requirement, or suchclaim or "suit" by or on behalf of a govern-mental authority.

g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage" arising outof the ownership, maintenance, use or en-trustment to others of any aircraft, "auto" or wa-tercraft owned or operated by or rented orloaned to any insured. Use includes operationand "loading or unloading".

This exclusion applies even if the claimsagainst any insured allege negligence or otherwrongdoing in the supervision, hiring, employ-ment, training or monitoring of others by thatinsured, if the "occurrence" which caused the"bodily injury" or "property damage" involvedthe ownership, maintenance, use or entrust-ment to others of any aircraft, "auto" or water-craft that is owned or operated by or rented orloaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises youown or rent;

(2) A watercraft you do not own that is:

(a) Less than 26 feet long; and

(b) Not being used to carry persons orproperty for a charge;

(3) Parking an "auto" on, or on the ways nextto, premises you own or rent, provided the"auto" is not owned by or rented or loanedto you or the insured;

(4) Liability assumed under any "insured con-tract" for the ownership, maintenance oruse of aircraft or watercraft; or

(5) "Bodily injury" or "property damage" arisingout of:

(a) The operation of machinery or equip-ment that is attached to, or part of, aland vehicle that would qualify under thedefinition of "mobile equipment" if it werenot subject to a compulsory or financialresponsibility law or other motor vehicleinsurance law in the state where it is li-censed or principally garaged; or

(b) the operation of any of the machinery orequipment listed in Paragraph f.(2) orf.(3) of the definition of "mobile equip-ment".

h. Mobile Equipment

"Bodily injury" or "property damage" arising outof:

(1) The transportation of "mobile equipment" byan "auto" owned or operated by or rented orloaned to any insured; or

(2) The use of "mobile equipment" in, or whilein practice for, or while being prepared for,any prearranged racing, speed, demolition,or stunting activity.

i. War

"Bodily injury" or "property damage", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by any govern-ment, sovereign or other authority usingmilitary personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmental au-thority in hindering or defending against anyof these.

j. Damage To Property

"Property damage" to:

(1) Property you own, rent, or occupy, includingany costs or expenses incurred by you, orany other person, organization or entity, forrepair, replacement, enhancement, restora-tion or maintenance of such property forany reason, including prevention of injury toa person or damage to another's property;

(2) Premises you sell, give away or abandon, ifthe "property damage" arises out of anypart of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody orcontrol of the insured;


(5) That particular part of real property onwhich you or any contractors or subcontrac-tors working directly or indirectly on yourbehalf are performing operations, if the"property damage" arises out of those op-erations; or

(6) That particular part of any property thatmust be restored, repaired or replaced be-cause "your work" was incorrectly per-formed on it.

Paragraphs (1), (3) and (4) of this exclusion donot apply to "property damage" (other thandamage by fire) to premises, including the con-tents of such premises, rented to you for a pe-riod of 7 or fewer consecutive days. A separatelimit of insurance applies to Damage To Prem-ises Rented To You as described in Section III– Limits Of Insurance.

Paragraph (2) of this exclusion does not applyif the premises are "your work" and were neveroccupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this exclu-sion do not apply to liability assumed under asidetrack agreement.

Paragraph (6) of this exclusion does not applyto "property damage" included in the "products-completed operations hazard".

k. Damage To Your Product

"Property damage" to "your product" arising outof it or any part of it.

l. Damage To Your Work

"Property damage" to "your work" arising out ofit or any part of it and included in the "products-completed operations hazard".

This exclusion does not apply if the damagedwork or the work out of which the damagearises was performed on your behalf by a sub-contractor.

m. Damage To Impaired Property Or PropertyNot Physically Injured

"Property damage" to "impaired property" orproperty that has not been physically injured,arising out of:

(1) A defect, deficiency, inadequacy or danger-ous condition in "your product" or "yourwork"; or

(2) A delay or failure by you or anyone actingon your behalf to perform a contract oragreement in accordance with its terms.

This exclusion does not apply to the loss of useof other property arising out of sudden and ac-cidental physical injury to "your product" or"your work" after it has been put to its intendeduse.

n. Recall Of Products, Work Or ImpairedProperty

Damages claimed for any loss, cost or ex-pense incurred by you or others for the loss ofuse, withdrawal, recall, inspection, repair, re-placement, adjustment, removal or disposal of:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

if such product, work, or property is withdrawnor recalled from the market or from use by anyperson or organization because of a known orsuspected defect, deficiency, inadequacy ordangerouscondition in it.

o. Personal And Advertising Injury

"Bodily injury" arising out of "personal and ad-vertising injury".

p. Electronic Data

Damages arising out of the loss of, loss of useof, damage to, corruption of, inability to access,or inability to manipulate electronic data.

As used in this exclusion, electronic datameans information, facts or programs stored asor on, created or used on, or transmitted to orfrom computer software, including systems andapplications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processingdevices or any other media which are usedwith electronically controlled equipment.

q. Distribution Of Material In Violation OfStatutes

"Bodily injury" or "property damage" arising di-rectly or indirectly out of any action or omissionthat violates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of oraddition to such law; or

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law; or

(3) Any statute, ordinance or regulation, otherthan the TCPA or CAN-SPAM Act of 2003,that prohibits or limits the sending, transmit-ting, communicating or distribution of mate-rial or information.


Exclusions c. through n. do not apply to damageby fire to premises while rented to you or tempo-rarily occupied by you with permission of theowner. A separate limit of insurance applies to thiscoverage as described in Section III – Limits OfInsurance.

COVERAGE B PERSONAL AND ADVERTISINGINJURY LIABILITY


a. We will pay those sums that the insured be-comes legally obligated to pay as damagesbecause of "personal and advertising injury" towhich this insurance applies. We will have theright and duty to defend the insured againstany "suit" seeking those damages. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for "per-sonal and advertising injury" to which this in-surance does not apply. We may, at our discre-tion, investigate any offense and settle anyclaim or "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and

(2) Our right and duty to defend end when wehave used up the applicable limit of insur-ance in the payment of judgments or set-tlements under Coverages A or B or medi-cal expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unless ex-plicitly provided for under Supplementary Pay-ments – Coverages A and B.

b. This insurance applies to "personal and adver-tising injury" caused by an offense arising outof your business but only if the offense wascommitted in the "coverage territory" during thepolicy period.

2. Exclusions


a. Knowing Violation Of Rights Of Another

"Personal and advertising injury" caused by orat the direction of the insured with the knowl-edge that the act would violate the rights of an-other and would inflict "personal and advertis-ing injury".

b. Material Published With Knowledge OfFalsity

"Personal and advertising injury" arising out oforal or written publication of material, if done byor at the direction of the insured with knowl-edge of its falsity.

c. Material Published Prior To Policy Period

"Personal and advertising injury" arising out oforal or written publication of material whosefirst publication took place before the beginningof the policy period.

d. Criminal Acts

"Personal and advertising injury" arising out ofa criminal act committed by or at the directionof the insured.

e. Contractual Liability

"Personal and advertising injury" for which theinsured has assumed liability in a contract oragreement. This exclusion does not apply to li-ability for damages that the insured would havein the absence of the contract or agreement.

f. Breach Of Contract

"Personal and advertising injury" arising out ofa breach of contract, except an implied con-tract to use another's advertising idea in your"advertisement".

g. Quality Or Performance Of Goods – FailureTo Conform To Statements

"Personal and advertising injury" arising out ofthe failure of goods, products or services toconform with any statement of quality or per-formance made in your "advertisement".

h. Wrong Description Of Prices

"Personal and advertising injury" arising out ofthe wrong description of the price of goods,products or services stated in your "advertise-ment".

i. Infringement Of Copyright, Patent,Trademark Or Trade Secret

"Personal and advertising injury" arising out ofthe infringement of copyright, patent, trade-mark, trade secret or other intellectual propertyrights. Under this exclusion, such other intellec-tual property rights do not include the use ofanother's advertising idea in your "advertise-ment".

However, this exclusion does not apply to in-fringement, in your "advertisement", of copy-right, trade dress or slogan.

j. Insureds In Media And Internet TypeBusinesses

"Personal and advertising injury" committed byan insured whose business is:

(1) Advertising, broadcasting, publishing ortelecasting;

(2) Designing or determining content of web-sites for others; or


(3) An Internet search, access, content orservice provider.

However, this exclusion does not apply toParagraphs 14.a., b. and c. of "personal andadvertising injury" under the Definitions Sec-tion.

For the purposes of this exclusion, the placingof frames, borders or links, or advertising, foryou or others anywhere on the Internet, is notby itself, considered the business of advertis-ing, broadcasting, publishing or telecasting.

k. Electronic Chatrooms Or Bulletin Boards

"Personal and advertising injury" arising out ofan electronic chatroom or bulletin board the in-sured hosts, owns, or over which the insuredexercises control.

l. Unauthorized Use Of Another's Name OrProduct

"Personal and advertising injury" arising out ofthe unauthorized use of another's name orproduct in your e-mail address, domain nameor metatag, or any other similar tactics to mis-lead another's potential customers.

m. Pollution

"Personal and advertising injury" arising out ofthe actual, alleged or threatened discharge,dispersal, seepage, migration, release or es-cape of "pollutants" at any time.

n. Pollution -Related

Any loss, cost or expense arising out of any:

(1) Request, demand, order or statutory orregulatory requirement that any insured orothers test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or inany way respond to, or assess the effectsof, "pollutants"; or

(2) Claim or suit by or on behalf of a govern-mental authority for damages because oftesting for, monitoring, cleaning up, remov-ing, containing, treating, detoxifying or neu-tralizing, or in any way responding to, orassessing the effects of, "pollutants".

o. War

"Personal and advertising injury", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by any govern-ment, sovereign or other authority usingmilitary personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmental au-thority in hindering or defending against anyof these.

p. Distribution Of Material In Violation OfStatutes

"Personal and advertising injury" arising di-rectly or indirectly out of any action or omissionthat violates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of oraddition to such law; or

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law; or

(3) Any statute, ordinance or regulation, otherthan the TCPA or CAN-SPAM Act of 2003,that prohibits or limits the sending, transmit-ting, communicating or distribution of mate-rial or information.

COVERAGE C MEDICAL PAYMENTS


a. We will pay medical expenses as describedbelow 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;

provided that:

(a) The accident takes place in the "cover-age territory" and during the policy pe-riod;

(b) The expenses are incurred and reportedto us within one year of the date of theaccident; and

(c) The injured person submits to examina-tion, at our expense, by physicians ofour choice as often as we reasonablyrequire.

b. We will make these payments regardless offault. These payments will not exceed the ap-plicable limit of insurance. We will pay reason-able expenses for:

(1) First aid administered at the time of anaccident;

(2) Necessary medical, surgical, x-ray anddental services, including prosthetic de-vices; and

(3) Necessary ambulance, hospital, profes-sional nursing and funeral services.


2. Exclusions

We will not pay expenses for "bodily injury":

a. Any Insured

To any insured, except "volunteer workers".

b. Hired Person

To a person hired to do work for or on behalf ofany insured or a tenant of any insured.

c. Injury On Normally Occupied Premises

To a person injured on that part of premisesyou own or rent that the person normally occu-pies.

d. Workers Compensation And Similar Laws

To a person, whether or not an "employee" ofany insured, if benefits for the "bodily injury"are payable or must be provided under a work-ers' compensation or disability benefits law or asimilar law.

e. Athletics Activities

To a person injured while practicing, instructingor participating in any physical exercises orgames, sports, or athletic contests.

f. Products-Completed Operations Hazard

Included within the "products-completed opera-tions hazard".

g. Coverage A Exclusions

Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS – COVERAGES AAND B

1. We will pay, with respect to any claim we investi-gate or settle, or any "suit" against an insured wedefend:

a. All expenses we incur.

b. Up to $250 for cost of bail bonds requiredbecause of accidents or traffic law violationsarising out of the use of any vehicle to whichthe Bodily Injury Liability Coverage applies. Wedo not have to furnish these bonds.

c. The cost of bonds to release attachments, butonly for bond amounts within the applicablelimit of insurance. We do not have to furnishthese bonds.

d. All reasonable expenses incurred by the in-sured at our request to assist us in the investi-gation or defense of the claim or "suit", includ-ing actual loss of earnings up to $250 a daybecause of time off from work.

e. All court costs taxed against the insured in the"suit". However, these payments do not includeattorneys' fees or attorneys' expenses taxedagainst the insured.

f. Prejudgment interest awarded against theinsured on that part of the judgment we pay. Ifwe make an offer to pay the applicable limit ofinsurance, we will not pay any prejudgment in-terest based on that period of time after the of-fer.

g. All interest on the full amount of any judgmentthat accrues after entry of the judgment andbefore we have paid, offered to pay, or depos-ited in court the part of the judgment that iswithin the applicable limit of insurance.

These payments will not reduce the limits of insur-ance.

2. If we defend an insured against a "suit" and anindemnitee of the insured is also named as a partyto the "suit", we will defend that indemnitee if all ofthe following conditions are met:

a. The "suit" against the indemnitee seeks dam-ages for which the insured has assumed the li-ability of the indemnitee in a contract or agree-ment that is an "insured contract";

b. This insurance applies to such liability as-sumed by the insured;

c. The obligation to defend, or the cost of thedefense of, that indemnitee, has also been as-sumed by the insured in the same "insuredcontract";

d. The allegations in the "suit" and the informationwe know about the "occurrence" are such thatno conflict appears to exist between the inter-ests of the insured and the interests of the in-demnitee;

e. The indemnitee and the insured ask us toconduct and control the defense of that indem-nitee against such "suit" and agree that we canassign the same counsel to defend the insuredand 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 anydemands, notices, summonses or legalpapers received in connection with the"suit";

(c) Notify any other insurer whose coverageis available to the indemnitee; and

(d) Cooperate with us with respect to coor-dinating other applicable insuranceavailable to the indemnitee; and

(2) Provides us with written authorization to:

(a) Obtain records and other informationrelated to the "suit"; and


(b) Conduct and control the defense of theindemnitee in such "suit".

So long as the above conditions are met, attor-neys' fees incurred by us in the defense of that in-demnitee, necessary litigation expenses incurredby us and necessary litigation expenses incurredby the indemnitee at our request will be paid asSupplementary Payments. Notwithstanding theprovisions of Paragraph 2.b.(2) of Section I – Cov-erage A – Bodily Injury And Property Damage Li-ability, such payments will not be deemed to bedamages for "bodily injury" and "property damage"and will not reduce the limits of insurance.

Our obligation to defend an insured's indemniteeand to pay for attorneys' fees and necessary litiga-tion expenses as Supplementary Payments endswhen we have used up the applicable limit of in-surance in the payment of judgments or settle-ments or the conditions set forth above, or theterms of the agreement described in Paragraph f.above, are no longer met.

SECTION II – WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are insur-eds, but only with respect to the conduct of abusiness of which you are the sole owner.

b. A partnership or joint venture, you are an in-sured. Your members, your partners, and theirspouses are also insureds, but only with re-spect to the conduct of your business.

c. A limited liability company, you are an insured.Your members are also insureds, but only withrespect to the conduct of your business. Yourmanagers are insureds, but only with respectto their duties as your managers.

d. An organization other than a partnership, jointventure or limited liability company, you are aninsured. Your "executive officers" and directorsare insureds, but only with respect to their du-ties as your officers or directors. Your stock-holders are also insureds, but only with respectto their liability as stockholders.

e. A trust, you are an insured. Your trustees arealso insureds, but only with respect to their du-ties as trustees.

2. Each of the following is also an insured:

a. Your "volunteer workers" only while performingduties related to the conduct of your business,or your "employees", other than either your"executive officers" (if you are an organizationother than a partnership, joint venture or limitedliability company) or your managers (if you area limited liability company), but only for actswithin the scope of their employment by you orwhile performing duties related to the conductof your business. However, none of these "em-ployees" or "volunteer workers" are insuredsfor:

(1) "Bodily injury" or "personal and advertisinginjury":

(a) To you, to your partners or members (ifyou are a partnership or joint venture),to your members (if you are a limited li-ability company), to a co-"employee"while in the course of his or her em-ployment or performing duties related tothe conduct of your business, or to yourother "volunteer workers" while perform-ing duties related to the conduct of yourbusiness;

(b) To the spouse, child, parent, brother orsister of that co-"employee" or "volun-teer worker" as a consequence of Para-graph (1)(a) above;

(c) For which there is any obligation toshare damages with or repay someoneelse who must pay damages because ofthe injury described in Paragraphs (1)(a)or (b) above; or

(d) Arising out of his or her providing orfailing to provide professional healthcare services.

(2) "Property damage" to property:

(a) Owned, occupied or used by,

(b) Rented to, in the care, custody or con-trol of, or over which physical control isbeing exercised for any purpose by

you, any of your "employees", "volunteerworkers", any partner or member (if you area partnership or joint venture), or any mem-ber (if you are a limited liability company).


b. Any person (other than your "employee" or"volunteer worker"), or any organization whileacting as your real estate manager.

c. Any person or organization having propertemporary custody of your property if you die,but only:

(1) With respect to liability arising out of themaintenance or use of that property; and

(2) Until your legal representative has beenappointed.

d. Your legal representative if you die, but onlywith respect to duties as such. That represen-tative will have all your rights and duties underthis Coverage Part.

3. Any organization you newly acquire or form, otherthan a partnership, joint venture or limited liabilitycompany, and over which you maintain ownershipor majority interest, will qualify as a Named In-sured if there is no other similar insurance avail-able to that organization. However:

a. Coverage under this provision is afforded onlyuntil the 90th day after you acquire or form theorganization or the end of the policy period,whichever is earlier;

b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before youacquired or formed the organization; and

c. Coverage B does not apply to "personal andadvertising injury" arising out of an offensecommitted before you acquired or formed theorganization.

No person or organization is an insured with respectto the conduct of any current or past partnership, jointventure or limited liability company that is not shownas a Named Insured in the Declarations.

SECTION III – LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarationsand the rules below fix the most we will pay re-gardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims orbringing "suits".

2. The General Aggregate Limit is the most we willpay for the sum of:

a. Medical expenses under Coverage C;

b. Damages under Coverage A, except damagesbecause of "bodily injury" or "property damage"included in the "products-completed operationshazard"; and

c. Damages under Coverage B.

3. The Products-Completed Operations AggregateLimit is the most we will pay under Coverage A fordamages because of "bodily injury" and "propertydamage" included in the "products-completed op-erations hazard".

4. Subject to Paragraph 2. above, the Personal andAdvertising Injury Limit is the most we will pay un-der Coverage B for the sum of all damages be-cause of all "personal and advertising injury" sus-tained by any one person or organization.

5. Subject to Paragraph 2. or 3. above, whicheverapplies, the Each Occurrence Limit is the most wewill pay for the sum of:

a. Damages under Coverage A; and

b. Medical expenses under Coverage C

because of all "bodily injury" and "property dam-age" arising out of any one "occurrence".

6. Subject to Paragraph 5. above, the Damage ToPremises Rented To You Limit is the most we willpay under Coverage A for damages because of"property damage" to any one premises, whilerented to you, or in the case of damage by fire,while rented to you or temporarily occupied by youwith permission of the owner.

7. Subject to Paragraph 5. above, the Medical Ex-pense Limit is the most we will pay under Cover-age C for all medical expenses because of "bodilyinjury" sustained by any one person.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and toany remaining period of less than 12 months, startingwith the beginning of the policy period shown in theDeclarations, unless the policy period is extendedafter issuance for an additional period of less than 12months. In that case, the additional period will bedeemed part of the last preceding period for purposesof determining the Limits of Insurance.

SECTION IV – COMMERCIAL GENERAL LIABILITYCONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of theinsured's estate will not relieve us of our obliga-tions under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,Claim Or Suit

a. You must see to it that we are notified as soonas practicable of an "occurrence" or an offensewhich may result in a claim. To the extent pos-sible, notice should include:

(1) How, when and where the "occurrence" oroffense took place;

(2) The names and addresses of any injuredpersons and witnesses; and


(3) The nature and location of any injury ordamage arising out of the "occurrence" oroffense.

b. If a claim is made or "suit" is brought againstany insured, you must:

(1) Immediately record the specifics of theclaim or "suit" and the date received; and

(2) Notify us as soon as practicable.

You must see to it that we receive written no-tice of the claim or "suit" as soon as practica-ble.

c. You and any other involved insured must:

(1) Immediately send us copies of any de-mands, notices, summonses or legal pa-pers received in connection with the claimor "suit";

(2) Authorize us to obtain records and otherinformation;

(3) Cooperate with us in the investigation orsettlement of the claim or defense againstthe "suit"; and

(4) Assist us, upon our request, in the en-forcement of any right against any personor organization which may be liable to theinsured because of injury or damage towhich this insurance may also apply.

d. No insured will, except at that insured's owncost, voluntarily make a payment, assume anyobligation, or incur any expense, other than forfirst aid, without our consent.

3. Legal Action Against Us

No person or organization has a right under thisCoverage Part:

a. To join us as a party or otherwise bring us intoa "suit" asking for damages from an insured; or

b. To sue us on this Coverage Part unless all ofits terms have been fully complied with.

A person or organization may sue us to recover onan agreed settlement or on a final judgmentagainst an insured; but we will not be liable fordamages that are not payable under the terms ofthis Coverage Part or that are in excess of the ap-plicable limit of insurance. An agreed settlementmeans a settlement and release of liability signedby us, the insured and the claimant or the claim-ant's legal representative.

4. Other Insurance

If other valid and collectible insurance is availableto the insured for a loss we cover under Cover-ages A or B of this Coverage Part, our obligationsare limited as follows:

a. Primary Insurance

This insurance is primary except when Para-graph b. below applies. If this insurance is pri-mary, our obligations are not affected unlessany of the other insurance is also primary.Then, we will share with all that other insur-ance by the method described in Paragraph c.below.

b. Excess Insurance

(1) This insurance is excess over:

(a) Any of the other insurance, whetherprimary, excess, contingent or on anyother basis:

(i) That is Fire, Extended Coverage,Builder's Risk, Installation Risk orsimilar coverage for "your work";

(ii) That is Fire insurance for premisesrented to you or temporarily occu-pied by you with permission of theowner;

(iii) That is insurance purchased by youto cover your liability as a tenant for"property damage" to premisesrented to you or temporarily occu-pied by you with permission of theowner; or

(iv) If the loss arises out of the mainte-nance or use of aircraft, "autos" orwatercraft to the extent not subject toExclusion g. of Section I – CoverageA – Bodily Injury And Property Dam-age Liability.

(b) Any other primary insurance available toyou covering liability for damages aris-ing out of the premises or operations, orthe products and completed operations,for which you have been added as anadditional insured by attachment of anendorsement.

(2) When this insurance is excess, we will haveno duty under Coverages A or B to defendthe insured against any "suit" if any otherinsurer has a duty to defend the insuredagainst that "suit". If no other insurer de-fends, we will undertake to do so, but wewill be entitled to the insured's rightsagainst all those other insurers.


(3) When this insurance is excess over otherinsurance, we will pay only our share of theamount of the loss, if any, that exceeds thesum of:

(a) The total amount that all such otherinsurance would pay for the loss in theabsence of this insurance; and

(b) The total of all deductible and self-insured amounts under all that other in-surance.

(4) We will share the remaining loss, if any,with any other insurance that is not de-scribed in this Excess Insurance provisionand was not bought specifically to apply inexcess of the Limits of Insurance shown inthe Declarations of this Coverage Part.

c. Method Of Sharing

If all of the other insurance permits contributionby equal shares, we will follow this methodalso. Under this approach each insurer con-tributes equal amounts until it has paid its ap-plicable limit of insurance or none of the lossremains, whichever comes first.

If any of the other insurance does not permitcontribution by equal shares, we will contributeby limits. Under this method, each insurer'sshare is based on the ratio of its applicablelimit of insurance to the total applicable limits ofinsurance of all insurers.

5. Premium Audit

a. We will compute all premiums for this Cover-age Part in accordance with our rules andrates.

b. Premium shown in this Coverage Part as ad-vance premium is a deposit premium only. Atthe close of each audit period we will computethe earned premium for that period and sendnotice to the first Named Insured. The due datefor audit and retrospective premiums is thedate shown as the due date on the bill. If thesum of the advance and audit premiums paidfor the policy period is greater than the earnedpremium, we will return the excess to the firstNamed Insured.

c. The first Named Insured must keep records ofthe information we need for premium computa-tion, and send us copies at such times as wemay request.

6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations are accu-rate and complete;

b. Those statements are based upon representa-tions you made to us; and

c. We have issued this policy in reliance uponyour representations.

7. Separation Of Insureds

Except with respect to the Limits of Insurance, andany rights or duties specifically assigned in thisCoverage Part to the first Named Insured, this in-surance applies:

a. As if each Named Insured were the onlyNamed Insured; and

b. Separately to each insured against whom claimis made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against OthersTo Us

If the insured has rights to recover all or part ofany payment we have made under this CoveragePart, those rights are transferred to us. The in-sured must do nothing after loss to impair them. Atour request, the insured will bring "suit" or transferthose rights to us and help us enforce them.

9. When We Do Not Renew

If we decide not to renew this Coverage Part, wewill mail or deliver to the first Named Insuredshown in the Declarations written notice of thenonrenewal not less than 30 days before the expi-ration date.

If notice is mailed, proof of mailing will be sufficientproof of notice.

SECTION V – DEFINITIONS

1. "Advertisement" means a notice that is broadcastor published to the general public or specific mar-ket segments about your goods, products or ser-vices for the purpose of attracting customers orsupporters. For the purposes of this definition:

a. Notices that are published include materialplaced on the Internet or on similar electronicmeans of communication; and

b. Regarding web-sites, only that part of a web-site that is about your goods, products or ser-vices for the purposes of attracting customersor supporters is considered an advertisement.

2. "Auto" means:

a. A land motor vehicle, trailer or semitrailer de-signed for travel on public roads, including anyattached machinery or equipment; or

b. Any other land vehicle that is subject to a com-pulsory or financial responsibility law or othermotor vehicle insurance law in the state whereit is licensed or principally garaged.

However, "auto" does not include "mobile equip-ment".


3. "Bodily injury" means bodily injury, sickness ordisease sustained by a person, including death re-sulting from any of these at any time.

4. "Coverage territory" means:

a. The United States of America (including itsterritories and possessions), Puerto Rico andCanada;

b. International waters or airspace, but only if theinjury or damage occurs in the course of travelor transportation between any places includedin Paragraph a. above; or

c. All other parts of the world if the injury or dam-age arises out of:

(1) Goods or products made or sold by you inthe territory described in Paragraph a.above;

(2) The activities of a person whose home is inthe territory described in Paragraph a.above, but is away for a short time on yourbusiness; or

(3) "Personal and advertising injury" offensesthat take place through the Internet or simi-lar electronic means of communication

provided the insured's responsibility to pay dam-ages is determined in a "suit" on the merits, in theterritory described in Paragraph a. above or in asettlement we agree to.

5. "Employee" includes a "leased worker". "Em-ployee" does not include a "temporary worker".

6. "Executive officer" means a person holding any ofthe officer positions created by your charter, con-stitution, by-laws or any other similar governingdocument.

7. "Hostile fire" means one which becomesuncontrollable or breaks out from where it wasintended to be.

8. "Impaired property" means tangible property, otherthan "your product" or "your work", that cannot beused or is less useful because:

a. It incorporates "your product" or "your work"that is known or thought to be defective, defi-cient, inadequate or dangerous; or

b. You have failed to fulfill the terms of a contractor agreement;

if such property can be restored to use by the re-pair, replacement, adjustment or removal of "yourproduct" or "your work" or your fulfilling the termsof the contract or agreement.

9. "Insured contract" means:

a. A contract for a lease of premises. However,that portion of the contract for a lease of prem-ises that indemnifies any person or organiza-tion for damage by fire to premises whilerented to you or temporarily occupied by youwith permission of the owner is not an "insuredcontract";

b. A sidetrack agreement;

c. Any easement or license agreement, except inconnection with construction or demolition op-erations on or within 50 feet of a railroad;

d. An obligation, as required by ordinance, toindemnify a municipality, except in connectionwith work for a municipality;

e. An elevator maintenance agreement;

f. That part of any other contract or agreementpertaining to your business (including an in-demnification of a municipality in connectionwith work performed for a municipality) underwhich you assume the tort liability of anotherparty to pay for "bodily injury" or "property dam-age" to a third person or organization. Tort li-ability means a liability that would be imposedby law in the absence of any contract oragreement.

Paragraph f. does not include that part of anycontract or agreement:

(1) That indemnifies a railroad for "bodily injury"or "property damage" arising out of con-struction or demolition operations, within 50feet of any railroad property and affectingany railroad bridge or trestle, tracks, road-beds, tunnel, underpassor crossing;

(2) That indemnifies an architect, engineer orsurveyor for injury or damage arising out of:

(a) Preparing, approving, or failing to pre-pare or approve, maps, shop drawings,opinions, reports, surveys, field orders,change orders or drawings and specifi-cations; or

(b) Giving directions or instructions, orfailing to give them, if that is the primarycause of the injury or damage; or

(3) Under which the insured, if an architect,engineer or surveyor, assumes liability foran injury or damage arising out of the in-sured's rendering or failure to render pro-fessional services, including those listed in(2) above and supervisory, inspection, ar-chitectural or engineering activities.


10."Leased worker" means a person leased to you bya labor leasing firm under an agreement betweenyou and the labor leasing firm, to perform dutiesrelated to the conduct of your business. "Leasedworker" does not include a "temporary worker".

11."Loading or unloading" means the handling ofproperty:

a. After it is moved from the place where it isaccepted for movement into or onto an aircraft,watercraft or "auto";

b. While it is in or on an aircraft, watercraft or"auto"; or

c. While it is being moved from an aircraft, water-craft or "auto" to the place where it is finally de-livered;

but "loading or unloading" does not include themovement of property by means of a mechanicaldevice, other than a hand truck, that is not at-tached to the aircraft, watercraft or "auto".

12."Mobile equipment" means any of the followingtypes of land vehicles, including any attached ma-chinery or equipment:

a. Bulldozers, farm machinery, forklifts and othervehicles designed for use principally off publicroads;

b. Vehicles maintained for use solely on or next topremises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not, main-tained primarily to provide mobility to perma-nently mounted:

(1) Power cranes, shovels, loaders, diggers ordrills; or

(2) Road construction or resurfacing equipmentsuch as graders, scrapers or rollers;

e. Vehicles not described in Paragraph a., b., c.or d. above that are not self-propelled and aremaintained primarily to provide mobility to per-manently attached equipment of the followingtypes:

(1) Air compressors, pumps and generators,including spraying, welding, building clean-ing, geophysical exploration, lighting andwell servicing equipment; or

(2) Cherry pickers and similar devices used toraise or lower workers;

f. Vehicles not described in Paragraph a., b., c.or d. above maintained primarily for purposesother than the transportation of persons orcargo.

However, self-propelled vehicles with the fol-lowing types of permanently attached equip-ment are not "mobile equipment" but will beconsidered "autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not constructionor resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices mountedon automobile or truck chassis and used toraise or lower workers; and

(3) Air compressors, pumps and generators,including spraying, welding, building clean-ing, geophysical exploration, lighting andwell servicing equipment.

However, "mobile equipment" does not includeany land vehicles that are subject to a compulsoryor financial responsibility law or other motor vehi-cle insurance law in the state where it is licensedor principally garaged. Land vehicles subject to acompulsory or financial responsibility law or othermotor vehicle insurance law are considered"autos".

13."Occurrence" means an accident, including con-tinuous or repeated exposure to substantially thesame general harmful conditions.

14."Personal and advertising injury" means injury,including consequential "bodily injury", arising outof one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful entry into,or invasion of the right of private occupancy ofa room, dwelling or premises that a person oc-cupies, committed by or on behalf of its owner,landlord or lessor;

d. Oral or written publication, in any manner, ofmaterial that slanders or libels a person or or-ganization or disparages a person's or organi-zation's goods, products or services;

e. Oral or written publication, in any manner, ofmaterial that violates a person's right of pri-vacy;

f. The use of another's advertising idea in your"advertisement"; or

g. Infringing upon another's copyright, trade dressor slogan in your "advertisement".


15."Pollutants" mean any solid, liquid, gaseous orthermal irritant or contaminant, including smoke,vapor, soot, fumes, acids, alkalis, chemicals andwaste. Waste includes materials to be recycled,reconditioned or reclaimed.

16."Products-completed operations hazard":

a. Includes all "bodily injury" and "property dam-age" occurring away from premises you own orrent and arising out of "your product" or "yourwork" except:

(1) Products that are still in your physical pos-session; or

(2) Work that has not yet been completed orabandoned. However, "your work" will bedeemed completed at the earliest of the fol-lowing times:

(a) When all of the work called for in yourcontract has been completed.

(b) When all of the work to be done at thejob site has been completed if your con-tract calls for work at more than one jobsite.

(c) When that part of the work done at a jobsite has been put to its intended use byany person or organization other thananother contractor or subcontractorworking on the same project.

Work that may need service, maintenance,correction, repair or replacement, but whichis otherwise complete, will be treated ascompleted.

b. Does not include "bodily injury" or "propertydamage" arising out of:

(1) The transportation of property, unless theinjury or damage arises out of a condition inor on a vehicle not owned or operated byyou, and that condition was created by the"loading or unloading" of that vehicle by anyinsured;

(2) The existence of tools, uninstalled equip-ment or abandonedor unused materials; or

(3) Products or operations for which the classi-fication, listed in the Declarations or in apolicy schedule, states that products-completed operations are subject to theGeneral Aggregate Limit.

17."Property damage" means:

a. Physical injury to tangible property, includingall resulting loss of use of that property. Allsuch loss of use shall be deemed to occur atthe time of the physical injury that caused it; or

b. Loss of use of tangible property that is notphysically injured. All such loss of use shall bedeemed to occur at the time of the "occur-rence" that caused it.

For the purposes of this insurance, electronic datais not tangible property.

As used in this definition, electronic data meansinformation, facts or programs stored as or on,created or used on, or transmitted to or from com-puter software, including systems and applicationssoftware, hard or floppy disks, CD-ROMS, tapes,drives, cells, data processing devices or any othermedia which are used with electronically controlledequipment.

18."Suit" means a civil proceeding in which damagesbecause of "bodily injury", "property damage" or"personal and advertising injury" to which this in-surance applies are alleged. "Suit" includes:

a. An arbitration proceeding in which such dam-ages are claimed and to which the insuredmust submit or does submit with our consent;or

b. Any other alternative dispute resolution pro-ceeding in which such damages are claimedand to which the insured submits with our con-sent.

19."Temporary worker" means a person who is fur-nished to you to substitute for a permanent "em-ployee" on leave or to meet seasonal or short-termworkload conditions.

20."Volunteer worker" means a person who is notyour "employee", and who donates his or her workand acts at the direction of and within the scope ofduties determined by you, and is not paid a fee,salary or other compensation by you or anyoneelse for their work performed for you.

21."Your product":

a. Means:

(1) Any goods or products, other than realproperty, manufactured, sold, handled, dis-tributed or disposed of by:

(a) You;

(b) Others trading under your name; or

(c) A person or organization whose busi-ness or assets you have acquired; and

(2) Containers (other than vehicles), materials,parts or equipment furnished in connectionwith such goods or products.

b. Includes:

(1) Warranties or representations made at anytime with respect to the fitness, quality, du-rability, performance or use of "your prod-uct"; and


(2) The providing of or failure to provide warn-ings or instructions.

c. Does not include vending machines or otherproperty rented to or located for the use of oth-ers but not sold.

22."Your work":

a. Means:

(1) Work or operations performed by you or onyour behalf; and

(2) Materials, parts or equipment furnished inconnection with such work or operations.

b. Includes:

(1) Warranties or representations made at anytime with respect to the fitness, quality, du-rability, performance or use of "your work",and

(2) The providing of or failure to provide warn-ings or instructions.

POLICY NUMBER:


SPECIAL PROVISIONS - PREMIUM

This endorsement modifies the policy to add the following special provisions:

SCHEDULE

Deposit Premium and Minimum PremiumThe minimum premium is equal to 100% of the deposit premium

Cancellation Minimum Earnedminimum earned premium is equal to 100% of the total policy premium.

We will compute all premiums for coverage in accordance with our rules and rates.

The deposit premium is subject to audit when indicated as such on the declarations. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premiums is the due date on the bill.

If the earned premium is less than the deposit premium paid for the policy period, we will return the excess to the first Named Insured, subject to the minimum premium as defined below. If the earned premium is greater than the deposit premium paid for the policy period the additional premium shall become due and payable to the company.

Deposit premium is the premium stated in the Declarations payable in full at the inception of the policy.

Earned premium is computed by applying the policy rates to the actual premium basis for the audit period.

Minimum premium is the lowest amount to be retained as premium for the policy period. The minimum premium is equal to 100% of the deposit premium shown in the Declarations unless otherwise indicated in the Schedule above.

Cancellation minimum earned premium is the minimum amount to be retained as premium if you request cancellation of this policy. Cancellation minimum earned premium is equal to 25% of the total policy premium shown in the Declarations unless otherwise indicated in the Schedule above.

Any premium shown as flat charge is fully earned and is not subject to the cancellation minimum earned premium.

The first Named Insured must keep records of the information we need for premium computations, and send us copies at such times as we may request.

CSIA 403 08 07

CSU0021622

POLICY NUMBER:


SERVICE OF SUIT


ALL COVERAGE PARTS

Schedule Service of Process will be accepted by:

Cincinnati Specialty Underwritersc/o Marc Schambow6200 South Gilmore RoadFairfield, OH 45014

It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court.

It is further agreed that service of process in such suit may be made upon the party shown in the Schedule above and that in any suit instituted against the Company upon this policy, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal.

The party named in the Schedule above is authorized and directed to accept service of process on behalf of the Company in any such suit or upon request of the Insured to give a written undertaking to the Insured that it or they will enter a general appearance upon the Company’s behalf in the event such a suit shall be instituted.

Pursuant to any statute of any state, territory or district of the United States of America which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary arising out of this contract of insurance, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

CSIA 404 08 07

CSU0021622

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998

COMMON POLICY CONDITIONS

All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in theDeclarations may cancel this policy bymailing or delivering to us advance writ-ten notice of cancellation.

2. We may cancel this policy by mailing ordelivering to the first Named Insuredwritten notice of cancellation at least:

a. 10 days before the effective date ofcancellation if we cancel for non-payment of premium; or

b. 30 days before the effective date ofcancellation if we cancel for anyother reason.

3. We will mail or deliver our notice to thefirst Named Insured's last mailing addressknown to us.

4. Notice of cancellation will state the effec-tive date of cancellation. The policy pe-riod will end on that date.

5. If this policy is cancelled, we will send thefirst Named Insured any premium refunddue. If we cancel, the refund will be prorata. If the first Named Insured cancels,the refund may be less than pro rata.The cancellation will be effective even ifwe have not made or offered a refund.

6. If notice is mailed, proof of mailing will besufficient proof of notice.

B. Changes

This policy contains all the agreements be-tween you and us concerning the insuranceafforded. The first Named Insured shown inthe Declarations is authorized to makechanges in the terms of this policy with ourconsent. This policy's terms can be amendedor waived only by endorsement issued by usand made a part of this policy.

C. Examination of Your Books and Records

We may examine and audit your books andrecords as they relate to this policy at anytime during the policy period and up to threeyears afterward.

D. Inspections and Surveys

1. We have the right to:

a. Make inspections and surveys at anytime;

b. Give you reports on the conditionswe find; and

c. Recommend changes.

2. We are not obligated to make any in-spections, surveys, reports or recom-mendations and any such actions we doundertake relate only to insurability andthe premiums to be charged. We do notmake safety inspections. We do not un-dertake to perform the duty of any personor organization to provide for the healthor safety of workers or the public. Andwe do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codesor standards.

3. Paragraphs 1. and 2. of this conditionapply not only to us, but also to any rat-ing, advisory, rate service or similar or-ganization which makes insurance in-spections, surveys, reports or recom-mendations.

4. Paragraph 2. of this condition does notapply to any inspections, surveys, reportsor recommendations we may make rela-tive to certification, under state or munici-pal statutes, ordinances or regulations, ofboilers, pressure vessels or elevators.

E. Premiums

The first Named Insured shown in the Decla-rations:

1. Is responsible for the payment of all pre-miums; and

2. Will be the payee for any return premi-ums we pay.

F. Transfer of Your Rights and Duties Underthis Policy

Your rights and duties under this policy maynot be transferred without our written consentexcept in the case of death of an individualnamed insured.

If you die, your rights and duties will be trans-ferred to your legal representative but onlywhile acting within the scope of duties as yourlegal representative. Until your legal repre-sentative is appointed, anyone having propertemporary custody of your property will haveyour rights and duties but only with respect tothat property.

IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1

IL 00 03 09 08


CALCULATION OF PREMIUM


CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PARTCOMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTCRIME AND FIDELITY COVERAGE PARTEMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTMEDICAL PROFESSIONAL LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PART

The following is added:

The premium shown in the Declarations was com-puted based on rates in effect at the time the policywas issued. On each renewal, continuation, or an-niversary of the effective date of this policy, we willcompute the premium in accordance with our ratesand rules then in effect.




AMENDMENT OF INSURED CONTRACT DEFINITION


COMMERCIAL GENERAL LIABILITY COVERAGE PART

Paragraph 9. of the Definitions Section is replaced bythe following:

9. "Insured contract" means:

a. A contract for a lease of premises. How-ever, that portion of the contract for a leaseof premises that indemnifies any person ororganization for damage by fire to premiseswhile rented to you or temporarily occupiedby you with permission of the owner is notan "insured contract";

b. A sidetrack agreement;

c. Any easement or license agreement, exceptin connection with construction or demoli-tion operations on or within 50 feet of a rail-road;

d. An obligation, as required by ordinance, toindemnify a municipality, except in connec-tion with work for a municipality;

e. An elevator maintenance agreement;

f. That part of any other contract or agree-ment pertaining to your business (includingan indemnification of a municipality in con-nection with work performed for amunicipality) under which you assume thetort liability of another party to pay for "bodilyinjury" or "property damage" to a third per-son or organization, provided the "bodily in-jury" or "property damage" is caused, inwhole or in part, by you or by those actingon your behalf. Tort liability means a liabilitythat would be imposed by law in the ab-sence of any contract or agreement.

Paragraph f. does not include that part ofany contract or agreement:

(1) That indemnifies a railroad for "bodilyinjury" or "property damage" arising outof construction or demolition operations,within 50 feet of any railroad propertyand affecting any railroad bridge or tres-tle, tracks, road-beds, tunnel, underpassor crossing;

(2) That indemnifies an architect, engineeror surveyor for injury or damage arisingout of:

(a) Preparing, approving, or failing toprepare or approve, maps, shopdrawings, opinions, reports, surveys,field orders, change orders or draw-ings and specifications; or

(b) Giving directions or instructions, orfailing to give them, if that is the pri-mary cause of the injury or damage;or

(3) Under which the insured, if an architect,engineer or surveyor, assumes liabilityfor an injury or damage arising out of theinsured's rendering or failure to renderprofessional services, including thoselisted in (2) above and supervisory, in-spection, architectural or engineering ac-tivities.

NUMBER:POLICY CSU0021622




SILICA OR SILICA-RELATED DUST EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – BodilyInjury And Property Damage Liability:

2. Exclusions


Silica Or Silica-Related Dust

a. "Bodily injury" arising, in whole or in part, outof the actual, alleged, threatened or sus-pected inhalation of, or ingestion of, "silica"or "silica-related dust".

b. "Property damage" arising, in whole or inpart, out of the actual, alleged, threatenedor suspected contact with, exposure to, ex-istence of, or presence of, "silica" or "silica-related dust".

c. Any loss, cost or expense arising, in wholeor in part, out of the abating, testing for,monitoring, cleaning up, removing, contain-ing, treating, detoxifying, neutralizing, reme-diating or disposing of, or in any way re-sponding to or assessing the effects of,"silica" or "silica-related dust", by any in-sured or by any other person or entity.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage B – Per-sonal And Advertising Injury Liability:

2. Exclusions


Silica Or Silica-Related Dust

a. "Personal and advertising injury" arising, inwhole or in part, out of the actual, alleged,threatened or suspected inhalation of, in-gestion of, contact with, exposure to, exis-tence of, or presence of, "silica" or "silica-related dust".

b. Any loss, cost or expense arising, in wholeor in part, out of the abating, testing for,monitoring, cleaning up, removing, contain-ing, treating, detoxifying, neutralizing, reme-diating or disposing of, or in any way re-sponding to or assessing the effects of,"silica" or "silica-related dust", by any in-sured or by any other person or entity.

C. The following definitions are added to the Defini-tions Section:

1. "Silica" means silicon dioxide (occurring incrystalline, amorphous and impure forms), sil-ica particles, silica dust or silica compounds.

2. "Silica-related dust" means a mixture or combi-nation of silica and other dust or particles.

COMMERCIAL GENERAL LIABILITY


CG 21 50 09 89 Copyright, Insurance Services Office, Inc., 1988 Page 1 of 1 o

AMENDMENT OF LIQUOR LIABILITY EXCLUSION



Exclusion c. of COVERAGE A (Section I) is replacedby the following:

c. "Bodily injury" or "property damage" forwhich any insured may be held liable byreason of:

(1) Causing or contributing to the intoxica-tion of any person;

(2) The furnishing of alcoholic beverages toa person under the legal drinking age orunder the influence of alcohol; or

(3) Any statute, ordinance or regulationrelating to the sale, gift, distribution oruse of alcoholic beverages.

This exclusion applies only if you:

(1) Manufacture, sell or distribute alcoholicbeverages;

(2) Serve or furnish alcoholic beverages fora charge whether or not such activity:

(a) Requires a license;

(b) Is for the purpose of financial gain orlivelihood; or

(3) Serve or furnish alcoholic beverageswithout a charge, if a license is requiredfor such activity.




TOTAL POLLUTION EXCLUSION ENDORSEMENT



Exclusion f. under Paragraph 2., Exclusions of Sec-tion I – Coverage A – Bodily Injury And PropertyDamage Liability is replaced by the following:


f. Pollution

(1) "Bodily injury" or "property damage" whichwould not have occurred in whole or part butfor the actual, alleged or threatened discharge,dispersal, seepage, migration, release or es-cape of "pollutants" at any time.

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order or statutory orregulatory requirement that any insured orothers test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or inany way respond to, or assess the effectsof "pollutants"; or

(b) Claim or suit by or on behalf of a govern-mental authority for damages because oftesting for, monitoring, cleaning up, remov-ing, containing, treating, detoxifying or neu-tralizing, or in any way responding to, orassessing the effects of, "pollutants".




EMPLOYMENT-RELATED PRACTICES EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – BodilyInjury And Property Damage Liability:


"Bodily injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employment;or

(c) Employment-related practices, policies,acts or omissions, such as coercion, demo-tion, evaluation, reassignment, discipline,defamation, harassment, humiliation, dis-crimination or malicious prosecution di-rected at that person; or

(2) The spouse, child, parent, brother or sister ofthat person as a consequenceof "bodily injury"to that person at whom any of the employment-related practices described in Paragraphs (a),(b), or (c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs beforeemployment, during employment or after em-ployment of that person;

(2) Whether the insured may be liable as an em-ployer or in any other capacity; and

(3) To any obligation to share damages with orrepay someone else who must pay damagesbecause of the injury.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage B – Per-sonal And Advertising Injury Liability:


"Personal and advertising injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employment;or

(c) Employment-related practices, policies,acts or omissions, such as coercion, demo-tion, evaluation, reassignment, discipline,defamation, harassment, humiliation, dis-crimination or malicious prosecution di-rected at that person; or

(2) The spouse, child, parent, brother or sister ofthat person as a consequenceof "personal andadvertising injury" to that person at whom anyof the employment-related practices describedin Paragraphs (a), (b), or (c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs beforeemployment, during employment or after em-ployment of that person;

(2) Whether the insured may be liable as an em-ployer or in any other capacity; and

(3) To any obligation to share damages with orrepay someone else who must pay damagesbecause of the injury.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITYCG 03 00 01 96



DEDUCTIBLE LIABILITY INSURANCE


COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULECoverage Amount and Basis of Deductible

PER CLAIM or PER OCCURRENCE

Bodily Injury Liability $ $

OR

Property Damage Liability $ $

OR

Bodily Injury Liability and/orProperty Damage Liability Combined

$ $

(If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.)

APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If nolimitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", howevercaused):

A. Our obligation under the Bodily Injury Liability andProperty Damage Liability Coverages to pay dam-ages on your behalf applies only to the amount ofdamages in excess of any deductible amountsstated in the Schedule above as applicable tosuch coverages.

B. You may select a deductible amount on either aper claim or a per "occurrence" basis. Your se-lected deductible applies to the coverage optionand to the basis of the deductible indicated by theplacement of the deductible amount in the Sched-ule above. The deductible amount stated in theSchedule above applies as follows:

1. PER CLAIM BASIS. If the deductible amountindicated in the Schedule above is on a perclaim basis, that deductible applies as follows:

a. Under Bodily Injury Liability Coverage, to alldamages sustained by any one person be-cause of "bodily injury";

b. Under Property Damage Liability Coverage,to all damages sustained by any one per-son because of "property damage"; or

c. Under Bodily Injury Liability and/or PropertyDamage Liability Coverage Combined, toall damages sustained by any one personbecause of:

(1) "Bodily injury";

(2) "Property damage"; or

(3) "Bodily injury" and "property damage"combined

as the result of any one "occurrence".

If damages are claimed for care, loss of serv-ices or death resulting at any time from "bodilyinjury", a separate deductible amount will beapplied to each person making a claim for suchdamages.

With respect to "property damage", person in-cludes an organization.

The deductible does apply to defense costs.

500

CSU0021622

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2. PER OCCURRENCE BASIS. If the deductibleamount indicated in the Schedule above is ona "per occurrence" basis, that deductibleamount applies as follows:

a. Under Bodily Injury Liability Coverage, to alldamages because of "bodily injury";

b. Under Property Damage Liability Coverage,to all damages because of "property dam-age"; or

c. Under Bodily Injury Liability and/or PropertyDamage Liability Coverage Combined, toall damages because of:

(1) "Bodily injury";

(2) "Property damage"; or

(3) "Bodily injury" and "property damage"combined

as the result of any one "occurrence", regard-less of the number of persons or organizationswho sustain damages because of that "occur-rence".

C. The terms of this insurance, including those withrespect to:

1. Our right and duty to defend the insuredagainst any "suits" seeking those damages;and

2. Your duties in the event of an "occurrence",claim, or "suit"

apply irrespective of the application of the deducti-ble amount.

D. We may pay any part or all of the deductibleamount to effect settlement of any claim or "suit"and, upon notification of the action taken, you shallpromptly reimburse us for such part of the de-ductible amount as has been paid by us.


COMMERCIAL GENERAL LIABILITYCSGA 301 01 08


EXCLUSION – ASSAULT OR BATTERY



A. The following exclusion is added to Paragraph2., Exclusions of Section I – Coverage A –Bodily Injury And Property DamageLiability and Paragraph 2., Exclusions ofSection I – Coverage B – Personal AndAdvertising Injury Liability:

a. This insurance does not apply to “bodilyinjury”, “property damage” or “personaland advertising injury” arising out of:

(1) An actual or threatened assault orbattery whether caused by or at theinstigation or direction of any insured,their employees, patrons or any otherperson;

(2) The failure of any insured or anyoneelse for whom any insured is legallyresponsible to prevent or suppressassault or battery; or

(3) The negligent:

(a) Employment;

(b) Investigation or reporting orfailure to report any assault orbattery to proper authorities;

(c) Supervision;

(d) Training;

(e) Retention;

of a person for whom any insured isor ever was legally responsible andwhose conduct would be excluded byparagraph a. above.

B. For the purpose of this endorsement thewords assault and battery are intended toinclude, but are not limited to, sexual assault.

C. Exclusion 2.a. of the Commercial GeneralLiability Coverage Form is deleted in itsentirety and replaced by the following:

2. a. Expected Or Intended Injury

“Bo dily injury” or “property damage”expected or intended from thestandpoint of the insured.


CHANGES TO COMMERCIAL GENERAL LIABILITYCOVERAGE FORM



EXCLUSION – ADDITIONAL INSURED PRIOR KNOWLEDGE

A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability:

This insurance does not apply to an additional insured added by attachment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit," if that additional insured knew, per the following paragraph, that "bodily injury" or "property damage" had occurred or had begun to occur, in whole or in part, prior to the policy period in which such "bodily injury" or "property damage" occurs or begins to occur.

An additional insured added by attachment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury" or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners, members, partners, managers, executive officers, "employees" assigned to manage that additional insured’s insurance program, or "employees" assigned to give or receive notice of an "occurrence," claim or "suit":

1. Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer;

2. Receives a written or verbal demand or claim for damages because of the "bodily injury," or "property damage";

3. First observes or reasonably should have first observed, the "bodily injury" or "property damage"; or

4. Becomes aware, or reasonably should have become aware, by any means other than as described in 3. above, that "bodily injury" or "property damage" had occurred or had begun to occur.

B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

This insurance does not apply to an additional insured added by attachment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit," if that additional insured knew, per the following paragraph, that a "personal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the policy period in which such "personal and advertising injury" was committed or began to be committed.

An additional insured added by attachment of an endorsement to this Coverage Part will be deemed to have known that a "personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its owners, members, partners, managers, executive officers, "employees" assigned to manage that additional insured’s insurance program, or "employees" assigned to give or receive notice of an offense, claim or "suit":

1. Reports all, or any part, of the "personal and advertising injury" to us or any other insurer;

2. Receives a written or verbal demand or claim for damages because of the "personal and advertising injury";

3. First observes or reasonably should have first observed, the "personal and advertising injury"; or

4. Becomes aware, or reasonably should have become aware, by any means other than as described in 3. above, that a "personal and advertising injury" offense had been committed or had begun to be committed.



A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

2. Exclusions


a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of, attributable to, or any way related to "asbestos" in any form or transmitted in any manner.

b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing,

containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "asbestos," by any insured or by any other person or entity.

B. The following definition is added to the Definitions Section:

"Asbestos" means any type or form of asbestos, including but not limited to, asbestos, asbestos products, asbestos fibers, asbestos contained in any product or material, or a mixture or combination of asbestos and other dust or particles.

EXCLUSION - ASBESTOS

EXCLUSION – CROSS SUITS

A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Liability:

2. Exclusions


Cross Suits

a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of any claim for damages by a Named Insured against another Named Insured.

A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage:

This insurance does not apply to any "bodily injury" or "property damage" that:

1. first occurred prior to the Effective date of this Coverage Part;

2. is alleged to be in the process of occurring as of the Effective date of this Coverage Part; or

3. is in the process of settlement, adjustment or "suit".

This exclusion applies to all continuing injury or damage:

1. arising from the same or similar cause, including continuous or repeated exposure to substantially the same general harmful conditions; or

2. at the same or adjacent location; or

3. from the same or similar work; or

4. from the same product or service.

B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury:

This insurance does not apply to "personal and advertising injury" that:

1. was first committed prior to the Effective date of this Coverage Part;

2. is alleged to be in the process of being committed as of the Effective date of this Coverage Part;

3. is in the process of settlement, adjustment or "suit".

This exclusion applies to all continuing injury or damage:

EXCLUSION – PRIOR INJURY OR DAMAGE

1. arising from the same or similar cause, including continuous or repeated exposure to substantially the same general harmful conditions; or

2. at the same or adjacent location; or

3. from the same or similar work; or

4. from the same product or service.

EXCLUSION - LEAD

A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

2. Exclusions


a. "Bodily injury," "property damage" or "personal and advertising injury" arising in whole or in part, out of the

actual alleged, threatened or suspected inhalation of, or ingestion of, absorption of, exposure to or presence of lead in any form.

b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of lead in any form, by any insured or by any other person or entity.

EXCLUSION OF NEWLY ACQUIRED ORGANIZATIONS AS INSUREDS

Paragraph 3. of Section II – Who Is An Insured does not apply and is deleted in its entirety.

A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

2. Exclusions


Any claim of indemnification for punitive or exemplary damages. If a suit is brought against any insured for a claim covered by this Coverage Part, seeking both compensatory and punitive or exemplary damages, we will provide a defense to such action. However, we will not have an obligation to pay for any costs, interest, or damages, attributable to punitive or exemplary damages. If state law provides for statutory multiple damage awards, we will pay only the amount of the award before the multiplier is added.

EXCLUSION – PUNITIVE OR EXEMPLARY DAMAGES





AMENDMENT OF POLLUTANTS DEFINITION



Paragraph 15. of the DEFINITIONS Section is replaced by the following:

15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor,soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, andwaste. Waste includes materials to be recycled, reconditioned or reclaimed. "Pollutants" include but arenot limited to, that which has been recognized in industry or government to be harmful or toxic to persons,property or the environment, regardless of whether the injury, damage, or contamination is caused directlyor indirectly by the "pollutants" and regardless of whether:

a. The insured is regularly or otherwise engaged in activities which taint or degrade the environment; or

b. The insured uses, generates or produces the "pollutant".




EXCLUSION – COVERAGE C – MEDICAL PAYMENTS



A. SECTION I - COVERAGE C - MEDICAL PAYMENTS is deleted and does not apply, and none of thereferences to it in the Coverage Part apply.

Includes copyrightedmaterial of ISOCSGA 361 06 08 Properties, Inc., with its permission. Page 1 of 1



EXCLUSION - FUNGI OR BACTERIA



A. The following exclusion is added to Paragraph2. Exclusions of Section I – Coverage A –Bodily Injury And Property Damage Liabil-ity and Paragraph 2. Exclusions of Section I– Coverage B – Personal And AdvertisingInjury Liability:

2. Exclusions


Fungi or Bacteria

a. "Bodily injury", "property damage" or“personal and advertising injury”caused directly or indirectly, in wholeor in part, by any actual, alleged orthreatened:

(1) Inhalation of;

(2) Ingestion of;

(3) Contact with;

(4) Absorption of;

(5) Exposure to;

(6) Existence of; or

(7) Presence of,

any "fungi" or bacteria on or within abuilding or structure, including itscontents, whether occurring suddenlyor gradually;

b. Any loss, cost or expense associatedin any way with, or arising out of theabating, testing for, monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing,remediating, mitigating or disposingof, or in any way responding to, in-vestigating, or assessing the effectsof, "fungi" or bacteria, by any insuredor by any other person or entity;

c. Any liability, with respect to "fungi" orbacteria, arising out of, resultingfrom, caused by, contributed to, or inany way related to any supervision,instruction, recommendation, warningor advice given or which should havebeen given in connection with:

(1) The existence of "fungi" or bac-teria;

(2) The prevention of "fungi" or bac-teria;

(3) The remediation of "fungi" orbacteria;

(4) Any operation described inParagraph A. 2. b. above;

(5) "Your product"; or

(6) "Your work"; or

d. Any obligation to share damages withor repay any person, organization orentity, related in any way to the liabil-ity excluded in Paragraphs A. 2. a., b.or c. above;

regardless of any other cause, event, ma-terial, product and / or building componentthat contributed concurrently or in any se-quence to the injury or damage.

However this exclusion does not apply toany "fungi" or bacteria that are, are on, orare contained in, a good or product in-tended for human ingestion.

C. For the purposes of this endorsement, SEC-TION V - DEFINITIONS is amended to includethe following:

"Fungi" means any type or form of fungus, andincludes, but is not limited to, any form or typeof mold, mushroom or mildew and any my-cotoxins, spores, scents or byproducts pro-duced or released by fungi.




AMENDMENT OF DUTIES IN THE EVENT OFOCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION


COMMERICAL GENERAL LIABILITY COVERAGE FORM

The following is added to Paragraph 2., Duties In The Event Of Occurrence, Offense, Claim Or Suit ofSection IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:

e. No insured will admit to any liability, consent to any judgment, or settle any claim or "suit" without our priorwritten consent.

IL 02 28 09 07


IL 02 28 09 07 © ISO Properties, Inc., 2006 Page 1 of 2 o

COLORADO CHANGES – CANCELLATIONAND NONRENEWAL


CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PARTCOMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL LIABILITY UMBRELLA COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTCRIME AND FIDELITY COVERAGE PARTEMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTFARM UMBRELLA LIABILITY POLICYLIQUOR LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph 2. of the Cancellation Common PolicyCondition is replaced by the following:

2. If this policy has been in effect for less than 60days, we may cancel this policy by mailing ordelivering to the first Named Insured writtennotice of cancellation at least:

a. 10 days before the effective date of cancel-lation if we cancel for nonpayment of pre-mium; or

b. 30 days before the effective date of cancel-lation if we cancel for any other reason.

B. The following is added to the Cancellation Com-mon Policy Condition:

7. Cancellation Of Policies In Effect For 60Days Or More

a. If this policy has been in effect for 60 daysor more, or is a renewal of a policy we is-sued, we may cancel this policy by mailingthrough first-class mail to the first NamedInsured written notice of cancellation:

(1) Including the actual reason, at least 10days before the effective date of cancel-lation, if we cancel for nonpayment ofpremium; or

(2) At least 45 days before the effectivedate of cancellation if we cancel for anyother reason.

We may only cancel this policy based onone or more of the following reasons:

(1) Nonpayment of premium;

(2) A false statement knowingly made bythe insured on the application for insur-ance; or

(3) A substantial change in the exposure orrisk other than that indicated in the ap-plication and underwritten as of the ef-fective date of the policy unless the firstNamed Insured has notified us of thechange and we accept such change.

C. The following is added and supersedes any otherprovision to the contrary:

NONRENEWAL

If we decide not to renew this policy, we will mailthrough first-class mail to the first Named Insuredshown in the Declarations written notice of thenonrenewal at least 45 days before the expirationdate, or its anniversary date if it is a policy writtenfor a term of more than one year or with no fixedexpiration date.


of 2 © ISO Properties, Inc., 2006 IL 02 28 09 07 o

D. The following condition is added:

INCREASE IN PREMIUM OR DECREASE INCOVERAGE

We will not increase the premium unilaterally ordecrease the coverage benefits on renewal of thispolicy unless we mail through first-class mail writ-ten notice of our intention, including the actualreason, to the first Named Insured's last mailingaddress known to us, at least 45 days before theeffective date.

Any decrease in coverage during the policy termmust be based on one or more of the followingreasons:

1. Nonpayment of premium;

2. A false statement knowingly made by the in-sured on the application for insurance; or

3. A substantial change in the exposure or riskother than that indicated in the application andunderwritten as of the effective date of the pol-icy unless the first Named Insured has notifiedus of the change and we accept such change.



IL 00 21 09 08


NUCLEAR ENERGY LIABILITY EXCLUSION

ENDORSEMENT(Broad Form)


COMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PARTMEDICAL PROFESSIONAL LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PART

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodilyinjury" or "property damage":

(1) With respect to which an "insured"under the policy is also an insuredunder a nuclear energy liability policyissued by Nuclear Energy LiabilityInsurance Association, MutualAtomic Energy Liability Underwriters,Nuclear Insurance Association ofCanada or any of their successors,or would be an insured under anysuch policy but for its terminationupon exhaustion of its limit of liability;or

(2) Resulting from the "hazardous prop-erties" of "nuclear material" and withrespect to which (a) any person ororganization is required to maintainfinancial protection pursuant to theAtomic Energy Act of 1954, or anylaw amendatory thereof, or (b) the"insured" is, or had this policy notbeen issued would be, entitled to in-demnity from the United States ofAmerica, or any agency thereof, un-der any agreement entered into bythe United States of America, or anyagency thereof, with any person ororganization.

B. Under any Medical Payments coverage,to expenses incurred with respect to"bodily injury" resulting from the "hazard-ous properties" of "nuclear material" andarising out of the operation of a "nuclearfacility" by any person or organization.

C. Under any Liability Coverage, to "bodilyinjury" or "property damage" resultingfrom "hazardous properties" of "nuclearmaterial", if:

(1) The "nuclear material" (a) is at any"nuclear facility" owned by, or oper-ated by or on behalf of, an "insured"or (b) has been discharged or dis-persed therefrom;

(2) The "nuclear material" is contained in"spent fuel" or "waste" at any timepossessed, handled, used, proc-essed, stored, transported or dis-posed of, by or on behalf of an "in-sured"; or

(3) The "bodily injury" or "property dam-age" arises out of the furnishing byan "insured" of services, materials,parts or equipment in connectionwith the planning, construction,maintenance, operation or use ofany "nuclear facility", but if such fa-cility is located within the UnitedStates of America, its territories orpossessions or Canada, this exclu-sion (3) applies only to "propertydamage" to such "nuclear facility"and any property thereat.

2. As used in this endorsement:

"Hazardous properties" includes radioactive,toxic or explosive properties;

"Nuclear material" means "source material","special nuclear material" or "by-product ma-terial";


"Source material", "special nuclear material",and "by-product material" have the meaningsgiven them in the Atomic Energy Act of 1954or in any law amendatory thereof;

"Spent fuel" means any fuel element or fuelcomponent, solid or liquid, which has beenused or exposed to radiation in a "nuclear re-actor";

"Waste" means any waste material (a) con-taining "by-product material" other than thetailings or wastes produced by the extractionor concentration of uranium or thorium fromany ore processed primarily for its "sourcematerial" content, and (b) resulting from theoperation by any person or organization ofany "nuclear facility" included under the firsttwo paragraphs of the definition of "nuclearfacility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designedor used for (1) separating the iso-topes of uranium or plutonium, (2)processing or utilizing "spent fuel", or(3) handling, processing or packag-ing "waste";

(c) Any equipment or device used forthe processing, fabricating or alloy-ing of "special nuclear material" if atany time the total amount of suchmaterial in the custody of the "in-sured" at the premises where suchequipment or device is located con-sists of or contains more than 25grams of plutonium or uranium 233or any combination thereof, or morethan 250 grams of uranium 235;

(d) Any structure, basin, excavation,premises or place prepared or usedfor the storage or disposal of"waste";

and includes the site on which any of theforegoing is located, all operations conductedon such site and all premises used for suchoperations;

"Nuclear reactor" means any apparatus de-signed or used to sustain nuclear fission in aself-supporting chain reaction or to contain acritical mass of fissionable material;

"Property damage" includes all forms of ra-dioactive contamination of property.

CG 00 68 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1


RECORDING AND DISTRIBUTION OF MATERIAL OR

INFORMATION IN VIOLATION OF LAW EXCLUSION



A. Exclusion q. of Paragraph 2. Exclusions ofSection I - Coverage A - Bodily Injury AndProperty Damage Liability is replaced by thefollowing:

2. Exclusions


q. Recording And Distribution Of Ma-terial Or Information In Violation OfLaw

"Bodily injury" or "property damage"arising directly or indirectly out of anyaction or omission that violates or isalleged to violate:

(1) The Telephone Consumer Pro-tection Act (TCPA), including anyamendment of or addition to suchlaw;

(2) The CAN-SPAM Act of 2003, in-cluding any amendment of or ad-dition to such law;

(3) The Fair Credit Reporting Act(FCRA), and any amendment ofor addition to such law, includingthe Fair and Accurate CreditTransaction Act (FACTA); or

(4) Any federal, state or local statute,ordinance or regulation, otherthan the TCPA, CAN-SPAM Act of2003 or FCRA and their amend-ments and additions, that ad-dresses, prohibits, or limits theprinting, dissemination, disposal,collecting, recording, sending,transmitting, communicating ordistribution of material or informa-tion.

B. Exclusion p. of Paragraph 2. Exclusions ofSection I - Coverage B - Personal And Adver-tising Injury Liability is replaced by the fol-lowing:

2. Exclusions


p. Recording And Distribution Of Ma-terial Or Information In Violation OfLaw

"Personal and advertising injury" aris-ing directly or indirectly out of any ac-tion or omission that violates or is al-leged to violate:

(1) The Telephone Consumer Pro-tection Act (TCPA), including anyamendment of or addition to suchlaw;

(2) The CAN-SPAM Act of 2003, in-cluding any amendment of or ad-dition to such law;

(3) The Fair Credit Reporting Act(FCRA), and any amendment ofor addition to such law, includingthe Fair and Accurate CreditTransaction Act (FACTA); or

(4) Any federal, state or local statute,ordinance or regulation, otherthan the TCPA, CAN-SPAM Act of2003 or FCRA and their amend-ments and additions, that ad-dresses, prohibits, or limits theprinting, dissemination, disposal,collecting, recording, sending,transmitting, communicating ordistribution of material or informa-tion.

Includes copyrighted material of ISOCSLL 348 01 08 Properties, Inc., with its permission. Page 1 of 1

COMMERCIAL GENERAL LIABILITYCSLL 348 01 08


LIMITATION - NO STACKING OF LIMITS OF INSURANCE


ALL COVERAGE FORMS OR COVERAGE PARTS PROVIDING LIABILITY COVERAGE

The Conditions are amended to add the following:

If two or more liability coverage forms, coverage parts or policies issued to you by us or any company affiliatedwith us apply to the same claim for damages, the maximum Limits of Insurance shall not exceed the highestapplicable Limits of Insurance available under any one coverage form, coverage part or policy.

This endorsement does not apply to any coverage form, coverage part or policy issued by us or an affiliatedcompany specifically to apply as excess insurance over this policy.




ABUSE OR MOLESTATION EXCLUSION



The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – BodilyInjury And Property Damage Liability and Para-graph 2., Exclusions of Section I – Coverage B –Personal And Advertising Injury Liability:

This insurance does not apply to "bodily injury","property damage" or "personal and advertisinginjury" arising out of:

1. The actual or threatened abuse or molestation byanyone of any person while in the care, custodyor control of any insured, or

2. The negligent:

a. Employment;

b. Investigation;

c. Supervision;

d. Reporting to the proper authorities, or failureto so report; or

e. Retention;

of a person for whom any insured is or ever waslegally responsible and whose conduct would beexcluded by Paragraph 1. above.




EXCLUSION – AMUSEMENT RIDE OR DEVICE



A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily InjuryAnd Property Damage Liability and Paragraph 2. Exclusions of Section I – Coverage B – PersonalAnd Advertising Injury Liability:

This insurance does not apply to “bodily injury”, “property damage” , or “personal and advertising injury”caused by or arising out of:

1. The ownership, operation, supervision, rental, lease, maintenance, use or entrustment to others ofany amusement ride, device or equipment, including but not limited to any mechanical or non-mechanical ride, slides, water slides, inflatable amusement device or bungee operation or equipment.

2. The negligent employment, supervision or training of any person for whom any insured is or was everlegally responsible for operations described in Paragraph 1. above.




EXCLUSION – COMMUNICABLE DISEASE, CONTAGIOUSDISEASE OR INFECTIOUS DISEASE





1. “B odily injury”, “property damage” or “personal and advertising injury” caused by or arising, in wholeor in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, absorption of,exposure to, or presence of any communicable disease, contagious disease or infectious diseaseregardless of whether any other cause or event contributed concurrently or in any sequence to suchinjury or damage.

2. The cost or expense of recall, abatement, mitigation, removal, disposal, testing or monitoring ofproducts, stock, feed, feed additives, animals, or of any premises or equipment handling such itemsas a result of any known or suspected connection with any communicable disease, contagiousdisease or infectious disease, whether such items are owned by any insured or by others, andwhether located at any insured’s premises or anywhere else.

3. Any loss, cost or expense arising out of any:

a. Request, demand, order or statutory or regulatory requirement that any insured or others test for,monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, orassess the effects of or presences of any communicable disease, contagious disease orinfectious disease; or

b. Claim, "suit", fines or demands by or on behalf of a governmental authority for damages becauseof testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing,or in any way responding to, or assessing the effects of any communicable disease, contagiousdisease or infectious disease.

4. Any supervision, instruction, recommendation, warning or advice given or which should have beengiven in connection with any communicable disease, contagious disease or infectious disease.

5. Any obligation to share damages with or repay someone else who must pay damages.




EXCLUSION – FIREARMS OR AMMUNITION




This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury”:

1. Caused by or arising out of the ownership, rental, use, handling, design, manufacture, distribution,sale, transport, receipt, maintenance or repair, disposal, or advertising of any firearm or ammunition.

2. Included within the “products -completed operations hazard” caused by or arising out of any firearm orammunition.

Firearm means any weapon that will or is designed to or may readily be converted to expel a projectile bythe action of an explosive, including:

1. The frame or receiver of any such weapon; or

2. Any firearm muffler or silencer.

Ammunition means cartridges or cartridge cases, primers (igniter), bullets or propellant powder designedfor use in any firearm, rifle or shotgun including:

1. Tear gas cartridges;

2. Chemical mace; or

3. Any device or instrument which contains or emits a liquid, gas powder or any other substancedesigned to incapacitate.




EXCLUSION – FIREWORKS OR PYROTECHNICS




This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” :

1. Arising out of the ownership, operation, maintenance, possession, use of, manufacturing, distribution,selling, servicing or storing of any fireworks or pyrotechnics by the insured or any other person ororganization; or

2. Included within the “products/completed operations hazard” with respect to fireworks or pyrotechnics.

Fireworks mean a device consisting of explosives and combustibles set off to generate colored lights,smoke or noise.


COMMERCIAL GENERAL LIABILITY

CSGA 356 06 08


EXCLUSION - MICROORGANISMS, BIOLOGICAL ORGANISMS,BIOAEROSOLS OR ORGANIC CONTAMINANTS



A. The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily InjuryAnd Property Damage Liability and Paragraph 2. Exclusions of Section I - Coverage B - PersonalAnd Advertising Injury Liability:


1. "Bodily injury", "property damage" or "personal and advertising injury" caused by or which would nothave occurred, in whole or in part, but for the actual, alleged, threatened or suspected inhalation of,ingestion of, absorption of, exposure to, contact with, existence of, discharge or dispersal of, seep-age or migration of, release or escape of, or presence of, microorganisms, biological organisms,bioaerosols or organic contaminants, in any form, regardless of whether any other cause, event,material or product contributed concurrently or in any sequence to such injury or damage.

2. Any loss, cost or expense caused by or arising, in whole or in part, out of the abating, testing for,monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or dis-posing of, or in any way responding to or assessing the effects of microorganisms, biological organ-isms, bioaerosols or organic contaminants, in any form, by any insured or by any other person orentity.




EXCLUSION – PARTICIPANTS AND CONTESTANTSThis endorsement modifies insurance provided under the following:



This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” toany person while practicing, instructing, supervising, officiating, training or participating in any physicalexercise, game, sport, contest, race, exhibition, demonstration, special event, performance or show.




INDEPENDENT CONTRACTORS LIMITATIONS OF COVERAGE



A. Section IV - Commercial General LiabilityConditions is amended to include the follow-ing language:

As a condition to and for coverage to be pro-vided by this policy, you must do all of the fol-lowing:

1. Obtain a formal written contract with allindependent contractors and subcontrac-tors in force at the time of the injury ordamage verifying valid Commercial Gen-eral Liability Insurance written on an "oc-currence" basis with Limits of Liability ofat least:

a. $1,000,000 each "occurrence";

b. $2,000,000 general aggregate, perproject basis; and

c. $2,000,000 Products-Completed Op-erations aggregate.

2. Obtain a formal written contract statingthe independent contractors and subcon-tractors have agreed to defend, indemnityand hold you harmless from any and allliability, loss, actions, costs, including at-torney fees for any claim or lawsuit pre-sented, arising from the negligent or in-

tentional acts, errors or omissions of anyindependent contractor and subcontrac-tor.

3. Verify in the contract that your independ-ent contractors and subcontractors havenamed you as an additional insured ontheir Commercial General Liability Policyfor damages because of "bodily injury","property damage", and "personal andadvertising injury" arising out of or causedby any operations and completed opera-tions of any independent contractor orsubcontractor. Coverage provided to youby any independent contractor or subcon-tractor must be primary and must be pro-vided by endorsement CG 20 10 (7/04edition) and CG 20 37 (7/04 edition), ortheir equivalent. Completed operationscoverage must be maintained for a mini-mum of two years after the completion ofthe formal written contract.

This insurance will not apply to any loss, claimor "suit" for any liability or any damages aris-ing out of operations or completed operationsperformed for you by any independent contrac-tors or subcontractors unless all of the aboveconditions have been met.

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