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HomeMy WebLinkAbout51571-Z �o�,�oFso�Tyo(o TOWN OF SOUTHOLD BUILDING DEPARTMENT ' TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 51571 Date: 01/17/2025 Permission is hereby granted to: Daniel Jones PO BOX 141 Southold, NY 11971 To: demolish existing accessory shed as applied for. Premises Located at: 925 Town Harbor Ln, Southold, NY 11971 SCTIVI#61-4-11 Pursuant to application dated 01/17/2025 and approved by the Building Inspector. To expire on 01/17/2027. Contractors: Required Inspections: Fees: DEMOLITION $285.00 /j Total S285.00 Building Inspector ?IELD INSPECTION REPORT DATE COMMENTS ElFOUNDATION OST) --- ---- -- ---------- -----��� ------------------------------------- - FOUNDATION (2ND) _ — z cn 0 ROUGH FRAMING& PLUMBING r INSULATION PER N. Y. STATE ENERGY CODE FINAL - -- ADDITIONAL COMMENTS o ...------- — _--- -- — — b � ' I PROPERTY INFORMATION Existing use of property- Intended use of property: ---- -- -- - - in __ __- --- - ------_ - -(1bYl �- P -- - _------- Zone or use district in which preirlispr, is situate - Are there any covenants and restrictions with respect to _./_ this property? ❑Yes LAO IF YES, PROVIDE A COPY. Ite — check Box After Reading: The professional:is responsible for all drainage and storm water issues as provided by Chapter 296 of the Town Code..APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable LaWs,.Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print name): 1���-� eS ❑Authorized Agent 19"Owner Signature of Applicant: y —i Date: 1 I�p ..._ _._.._--CONNIE-D.-BUNCH—"—�_.Notary Public,State of New York STATE OF NEW YORK) No'01BU6185050 Qualified in Suffolk County SS: Commission Expires April 14,2 aoZ COUNTY OF ) being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the (Contractor,Agent, Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this ay of lA 1Q' . 20 � Y'v%lp e_34,n Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 N 78°11'S0 111.111,_'" FM 1/5192, OCT 2/,1968 1 } 3 A9 c� ��- E��s 0 `. SURVEY OF ` Rti5��4 \z' DESCRIBED PROPERTY tiff 6 38\" 0�� SITUATE SOUTHOLD, TOWN OF SOUTHOLD w � '%00 '�If SUFFOLK CO.,N.Y. F o,tT�°Nsf E gKO� SURVEYED FOR DANIEL JONES 5 a 2 2 N 1y0 L UCILLE JONES �� ►s b "'' TM#1000-063-04-U . ` o A A �N �- a- "sc_ SURVEYED /995 SCALE- " Z N AREA = 0,753.128 S.F a �,�o�No g � 1.4636 Acres 33 �0 �� co 0. 9 ,01� NOTES: o- N� E Z 0� �` t{pi��� �- 5P� I THIS SURVEY WAS COMPLETED FROM THE FOLLOWING DEEDS \0 �I LIBER 3502,page 209 60 LIBER 3438,page 548 GUARANTEED TO LIBER 6101, page 515 - DANIEL JONES L UCiLLE JONES f�li O 5 FIDELITY NATIONAL TITLE INS. CO. 2. /T /S ALSO BASED ON MAP OF TOWN � End, 0 aP �' HARBOR TERRACE; SAID MAP FILED/N THE GREATER NEW PORK SAVINGS BANK 65. o� ��� THE COUNTY CLERKS OFFICE AS TOWN OF SOUTHOLD G MAP 5192, FILED OCTOBER 21, 1968 v 0_ 5h If - 3. THIS SURVEY WAS PREPARED USING SURVEYED BY; v THE PREVIOUS STATED INFORMATION STANLEY / ISAKSEN,JR AND PHYSICAL EVIDENCE FOUND ON P.O. BOX 294 APNRVEID OTED (` rHE PREMISES. NEW SUFFOLK,N.Y.,//956 Lepies of this survey map not bearing (516) 734-5835 A the Land Surveyors emb_ssed ssr: shall CI 13A# L not be considered tp be a valid true FIDE BY p_ �O� mpX• NOTIFY BUILDING DEPARTM 631-765-1802 8AM TO4PM FOR THE COMPLY WITH ALL CODES OF surm Is a alteration or violation of Section ioncdei 2 9 f FOLLOWING INSPECTIONS: NEW YORK STATE&TOWN CODES Now-Yak state Education Law, 1. FOUNDATION-TWO REQUIRED AS REQUIRED-AND CO DITIONS OF FOR POURED CONCRETE 2. ROUGH-FRAMING&PLUMBING S/DEC WN ZBA Guarantees Indicated hew en dray no /CENSER' LAN SURVEY R 3. INSULATION SWN PLANNING BOARD Only to the person for whom the "Voy N.Y.s uc NO. 49273 4. FINAL-CONSTRUCTION MUST SWN TRUSTEES Is FrEPared, and on his behalf to the BE COMPLETE FOR C.O. titL ccn► an- C ovs . ALL CONSTRUCTION SHALL MEET THE ------- N p >+ a listed agency, REQUIREMENTS OF THE CODES OF NEW lending instihtlon, if listed hereon, and C to the cssignees of tha lending Imlihftm YORK STATE. NOT RESPONSIBLE FOR 2SCHD Guarantees are not transferable to DESIGN OR CONSTRUCTON ERRORS cidditional instNfikes or s;:bse(Ime owners 1 95R573 I5-5U71NCE COMPANY- COMMON POLICY DECLARATIONS L259003995-1 Policy Number L259003995-2 Renewal of Number Item 1.Named Insurod and Mailing Address: North Fork Contracting&Excavation LLC P O Box 1779 SOUTHOLD NY 11971 Item 2. Policy Period From: 09/02/2024 To:09/0212025 Term 365 Day(s) 12:01 AAA.Standard Time at the address of the Named Insured as stated herein Item 3. Item 3. Business Description: Grading Of Land$Debris Removal In return for the payment of the premium,and subject to ail the terms of this policy,we agree with you to provide the Insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is s hewn,there is no coverage. This premium maybe subject to adjustment. Coverage Parts) Form No and Edition Date Premium Commercial General'Liability Coverage Par, $ 1,923.00 �1► $ B S 1Q � $ $ NVI Subtotal 1,923.00 Q NY Surplus Lines Tax $ 69.23 � Broker Fee $ 126.00 sh' � C Stamping Fee $ 2.88 3 Total $ 2,120.11 Audit Period Annual unless otherwise stated: Item 4.Forms andendorsementsapplicable to all Coverage Parts: See Schedule of Forms and Endorsements Agent No.: 370259 General Agent:TUSCANO AGENCY Address: PO BOX 1027 GREENSBURG PA 15601 Producer Code No.: 934657 Producer Name: McMann-Price Agency,Inc. Producer Address: 828 Front St.PO Box2065 Greenport NY 11944 f r� Countersigned 08/28/2024 JLS By !�:.. � ti�5 DATE COUNTERSIGNATURE THIS COM MON POLICY DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS,TOGETI RER WITH THE COMMON POLICY CONDITIONS, COVERAGE FOWES)AND ENDORSEMENTS COMPLETE THE ABOVE NUMBER POLICY. IN WITtE33 Nt1E�Of,4ict.�alhr,m.ausaG uw Porryman;ntlgwF.aiEatt ma¢s3meury mfna m�mwr/g/ooA�g a�N,CvwmOtl nxua�a President Secretary ACD 09-20 // INSURED COPY--Page 3 This is to certify that Excess Line Association of New York received and reviewed the 08/30/2024 attached insurance document in accordance with Article 21 of the New York State Id:246676647 Insurance Law THE INSURER(S)NAMED HEREIN IS(ARE)NOT LICENSED BY THE STATE OF NEW YORK, ExzEss LrwE AssormTjon. NOT SUBJECT TO ITS SUPERVISION,AND IN THE EVENT OF THE INSOLVENCY OF THE OF NEW YORK INSURER(S),NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS.THE POLICY MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICES PERTAINING TO POLICY FORIVLS. A Stock Company COMMERCIAL LINES POLICY �J6Atlaniic Casualt � L: INSURANCE COMPANY" 400 COMMERCE COURT GOLDSBORO, NORTH CAROLINA 27534 ACI1 09-20 PAGE 1 OF 2 INSURED COPY--Page I In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law this policy shall not be valid unless countersigned by our authorized representative. Secretary PrPSfdeRt ACIJ 09-20 PAGE 2 OF 2 INSURED COPY--Page 2 4&Aflandic Casua4y, N S U R A N C'E C O M P A N Y'° COMMON POLICY DECLARATIONS L259003995-1 Policy Number L259003995-2 Renewal of Number Item 1. Named Insured and Mailing Address: North Fork Contracting&Excavation LLC P O Box 1779 SOUTHOLD NY 11971 Item 2. Policy Period From: 09/02/2024 To:09/02/2025 Term 365 Day(s) 12:0 1 A.M.Standard Time at the address of the Named Insured as stated herein Item 3. Item 3. Business Description: Grading Of Land&Debris Removal In return for the payment of the premium, and subject to all the terms of this policy,we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is s hown,there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Form No and Edition Date Premium Commercial General Liability Coverage Part $ 1,923.00 Ct,\� $ ��► �0 $ D �S Q $ 5� $ D $ �Q. \ \S Subtotal $ 1,923.00 l\ D NY Surplus Lines Tax $ 69.23 Broker Fee $ 125.00 Stamping Fee $ 2.88 ,�p� $ C�cS $ Total $ 2,120.11 Audit Period Annual unless otherwise stated: Item 4. Forms and endorsements applicable to all Coverage Parts: See Schedule of Forms and Endorsements Agent No.: 370259 General Agent: TUSCANO AGENCY Address: PO BOX 1027 GREENSBURG PA 15601 Producer Code No.: 934657 Producer Name: McMann-Price Agency, Inc. Producer Address: 828 Front St. PO Box 2065 Greenport NY 11944 ! 08/28/2024 JLS Countersigned By _.�xr3;�• DATE t,OUNTE SIGNATURE THIS COMMON POLICY DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS,TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S)AND ENDORSEMENTS COMPLETE THE ABOVE NUMBER POLICY. IN WITNESS WHEREOF,this Company has caused the Policy to be signed by Its President and Its Secretary and countersigned by a duly authorized representative. President Secretary ACID 09-20 INSURED COPY--Page 3 SCHEDULE OF FORMS AND ENDORSEMENTS POLICY NUMBER: NAMED INSURED L259003995-2 North Fork Contracting&Excavation LLC Form/Endorsement No./Edition Date ACD 09-20 COMMON POLICY DECLARATION ACD-GL1 09-20 GL COVERAGE DECLARATIONS ACD-GLS 08-11 GL COVERAGE DECLARATIONS EXT ACD-GLS 08-11 GL COVERAGE DECLARATIONS EXT ACI-102 06-22 CLAIM REPORTING ACI-103 08-23 EXCLUSION-CYBER INCIDENT ACI-GLB 01-20 PRIVACY POLICY ACI-SOS 07-16 SERVICE OF SUIT AGL-181 08-22 UNDERGROUND UTILITY WARRANTY A MEP1 01-08 MIN EARNED PREM CG4032 05-23 EXCLUSION-PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES(PFAS) ILD017 11-98 COMMON POLICY CONDITIONS ILD021 09-08 NUCLEAR ENERGY EXCLUSION I LP001 01-04 OFAC ACI2173 09-20 EXCL CERTIFIED ACTS OF TERRORISM ACI2187 11-20 CONDITIONAL EXCL OF TERRORISM-GL AGL 0163 NY 01-09 NY CHANGES-COMM GEN LIABILITY COVERAGE FORM AGL-001 01-17 COMMUNICABLE DISEASE EXCL AGL-002 01-17 LEAD BEARING SUBSTANCE EXCL AGL-003 01-17 PUNITIVE DAMAGES EXCL AGL-004 01-17 ASBESTOS OR SILICA EXCL AGL-005 10-10 IND CONTRACTORS SUBCONTRACTORS EXCL AGL-010 03-13 DESIGNATED OPERATIONS AGL-012 08-18 PREMIUM AUDIT-DEPOSIT PREM END AGL-022 11-11 EXCL-WRECKING OF BLDGS AGL-029 01-05 TIMBER OVERCUT EXCL AGL-039 01-11 LANDFILL-DUMPS EXCL AGL-050 03-13 EIFS EXCL AGL-054 12-18 MOLD BACTERIA VIRUS ORG PATHOGEN EXCL AGL-055A 03-13 INJURY TO EMPLYS AND CONTRACTORS EXCL AGL-058 01-06 EXCL-OVERSPRAY AGL-064 03-13 TOTAL POLLUTION EXCL AGL-066 03-13 LIMITATION-MAX AVAIL LIMIT OF INS AGL-068 03-13 EXPECTED OR INTENDED EXCL AGL-069 01-17 SNOW/ICE EXCL AGL-071 03-13 TERMS,CONDITIONS,AND PREMIUM AGL-072 03-13 EARTH MOVEMENT EXCL AGL-073 01-17 MENTAL INJURY EXCL AGL-074 01-17 LIMITATION-RIGHT TO SELECT COUNSEL AGL-077 10-16 INSURING AGREEMENT AMENDMENT-USE OF EXTRINSIC EVIDENCE-RIGHT TO DEFEND AGL-079 03-13 LIMITATION-IMPORTED DRYWALL AGL-080 03-13 OPERATIONS COVERED BY CONSOLIDATED INS PROGRAM EXCL AGL-081 01-17 SUITS BETWEEN NAMED INSUREDS EXCL ACDF 09-20 Page I of I INSURED COPY--Page 4 SCHEDULE OF FORMS AND ENDORSEMENTS POLICY NUMBER: NAMED INSURED L259003995-2 North Fork Contracting&Excavation LLC Form/Endorsement No./Edition Date AGL-096 03-13 CONDITION-ARBITRATION AGL-106 03-13 AMENDED DEFINITION-PROPERTY DAMAGE AGL-108 05-18 EXCLUSION-EMPLOYMENT RELATED PRACTICES AGL-112 03-13 VOLUNTEER WORKERS EXCL AGL-114 03-13 AMENDMENT OF POLLUTANT DEF AGL-131 04-15 CLAIMS IN PROCESS EXCL AGL-132 09-18 LIMITATION-ROOFING AGL-151 03-18 AUTO,AIRCRAFT,WATERCRAFT EXCLUSION AGL-156 12-14 LIMITATION-CONDOS,TOWNHOMES,TOWNHOUSES,TRACT HOUSES AGL-169 03-24 BREACH OF CONTRACT EXCLUSION AGL-176 06-19 CONTRACTOR ADDITIONAL INTERESTS AGL-179 03-22 CONDITION-WHEN WE DO NOT RENEW CG0001 10-01 COMMERCIAL GL COV FORM CGO069 12-23 EXCLUSION-VIOLATION OF LAW ADDRESSING DATA PRIVACY CG2106 12-23 EXCL-ACCESS/DISCLOSURE PERSONAL MATERIAL CG2136 01-96 NEW ENTITIES-EXCL ACDF 09-20 Page l of 1 INSURED COPY--Page 5 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Renewal of Number L259003995-1 Policy No. L259003995-2 Named Insured and Mailing Address(No.,Street,Town or City,County,State,Zip Code) North Fork Contracting&Excavation LLC P O Box 1779 SOUTHOLD NY 11971 Policy Period*: From 09/02/2024 to 09/02/2025 at 12:01 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE Each Occurrence Limit $ 1,000,000 Damages To Premises Rented To You Limit $ 100,000 Any one premises Medical Expense Limit $ 5.000 Any one person Personal and Advertising Injury Limit $ 1,000,000 Any one person or organization General Aggregate Limit $ 2,000,000 Products/ Completed Operations Aggregate Limit $ 2,000,000 RETROACTIVE DATE(CG 00 02 ONLY) Coverage A of this Insurance does not apply to"bodily injury"or"property damage"which occurs before the Retroactive Date, If any,shown here: (Enter Date or' one if no Retroactive Dat6 applies) DESCRIPTION OF BUSINESS AND LOCATION OF PREMISES Form of Business: ❑Individual El joint Venture ❑ Partnership X❑ Organization (Other than Partnership or Joint Venture)Business Description*: Grading Of Land&Debris Removal Location of All Premises You Own,Rent or Occupy: 35300 Middle Road PECONIC NY 11958 PREMIUM Rate Advance Premium Classification Code No. Premium Basis Territory Pr/Co All Other Pr/Co All Other Debris Removal-Construction Site 91629 P IF ANY 016 4.498 81.401 $0 $0.00 PR See Attached ACD-GLS Subtotal for ACD-GLS $ 1,923.00 Total or Minimum Premium $ 1.923.00 (a) area (c) total cost (m) admission (p) payroll (s) gross sales (u) units (t) other FORMS AND ENDORSEMENTS applying to this Coverage part and made part of this policy at time of issue+:SEE SCHEDULE OF FORMS AND ENDORSEMENTS Countersigned:* �' . f By *Entry optional if shown in Common Policy Declarations, r Authorized Representative +Form s and Endorsements applicable to this Coverage Part omitted if shown elsewhere in the policy. THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS,GOV ERAGE FORM(S)AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COM PLETE THE ABOVE NUMBERED POLICY. ACD-GL1 09-20 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Copyright,Insurance Services Office,Inc. INSURED COPY--Page 6 Policy Number: L259003995-2 LOCATION OF PREMISES Location of All premises You Own, Rent or Occupy: PREMIUM Rate Advance Premium Classification Code No. Premium Basis Territory Pr/Co All Other Pr/Co All Other Handyperson 95625 P IF ANY 016 14.765 98.794 $0 $0 PR Excavation 94007 P IF ANY 016 19.391 187.490 $0 $0 PR Grading of Land 95410 P 20,000 016 13.496 82.659 $270 $1,653 PR Wrecking-dismantling of 99987 P IF ANY 016 INCL 199.092 $INCL $0 prefabricated dwelling not PR exceeding three stories for re- erection-including Products and/or Completed Operations subject to the General Aggregate Limit Total for extension Total $ 1,923.00 ** (a) area (c) total cost (m) admission (p) payroll (s) gross sales (u) units (t) other ACD-GLS 08-11 INSURED COPY--Page 7 Policy Number: L259003995-2 LOCATION OF PREMISES "Location of All premises You Own, Rent or Occupy: PREMIUM Rate Advance Premium Classification Code No. Premium Basis Territory Pr/Co All Other Pr/Co All Other CONTRACTOR ADDITIONAL AGL-176 $ $0 INTERESTS-B Total for extension Total $ 0.00 **(a) area (c) total cost (m) admission (p) payroll (s) gross sales (u) units (t) other ACD-GLS 08-11 INSURED COPY--Page 8 ATLANTIC CASUALTY INSURANCE COMPANY CLAIM REPORTING In the event you need to report a claim or loss to Atlantic Casualty Insurance Company,we ask that you notify us as soon as practical using one of the following methods: ■ Toll free by phone at 1-877-222-5522 ■ By fax at 1-919-751-2502 ■ By email at ■ Online at sf�n.� .ataniec„sus:lE��.r;e't When reporting the claim or loss via fax or email, please include a completed copy of either the Acord Property Loss Notice form,Automobile Loss Notice form or General Liability Notice of Occurrence/Claim form available online at ;r�.;�..<3 �3.:_tic= i_a _{_ret. Please include any other correspondence such as attorney's letters,suits, bills, estimates,etc. If the information is too voluminous,you may opt to overnight the information to: Atlantic Casualty Insurance Company Attn: Claims Department 400 Commerce Court Goldsboro, NC 27534 Note:Any and all legal papers must be faxed or emailed to Atlantic Casualty Insurance Company immediately upon receipt or service. For additional information, please refer to form ACI-SOS(07/16) Service of Suit in this policy. ACI-102 06-22 Page 1 of 1 INSURED COPY--Page 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION — CYBER INCIDENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AUTO DEALERS COVERAGE FORM BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM CONTRACTOR'S EQUIPMENT COVERGE SPECIFIED PERILS CONTRACTOR'S EQUIPMENT COVERAGE BROAD FORM GARAGE COVERAGE FORM MARINE PROPERTY COVERAGE FORM OWNERS AND CONTRACTOR'S PROTECTIVE LIABILITY COVERAGE FORM PROTECTION AND INDEMNITY COVERAGE FORM ROBBERYAND SAFE BURGLARY COVERAGE FORM — MONEY & SECURITIES SPOILAGE COVERAGE VESSEL DEALER INVENTORY COVERAGE FORM VESSEL DEALER PROTECTION AND INDEMNITY COVERAGE FORM VESSEL PHYSICAL DAMAGE COVERAGE FORM The following exclusion(s)are added: 2. Malicious code, virus or any other harmful code that is directed at, enacted upon or introduced into 1. We will not pay for loss or damage caused any computer system (including "electronic data") directly or indirectly by a "cyber incident". and is designed to access, alter, corrupt, damage, Such loss or damage is excluded regardless delete, destroy, disrupt, encrypt, exploit, use or of any other cause or event that contributes prevent or restrict access to or the use of any part concurrently or in any sequence to the loss. of any computer system (including "electronic data") or otherwise disrupt its normal functioning or 2. This insurance does not apply to "bodily operation. injury", "property damage", or "personal and advertising injury" arising directly or indirectly 3. Denial of service attack which disrupts, prevents, or out of an actual or alleged"cyber incident". restricts access to or use of any computer system, or otherwise disrupts its normal functioning or 3. This exclusion applies even if damages are operation. claimed for notification costs, credit or identity However, exclusion 1 —3. do not apply to: monitoring expenses, forensic expenses, public relations expenses, data restoration a. Loss or damage resulting in fire or explosion; or expenses, extortion expenses or any other b. Vandalism. similar cost or expense incurred by you or others arising out of a"cyber incident". For the purposes of this endorsement, the following definitions are added: "Cyber Incident" means any: 1. Unauthorized access to or use of any computer system (including"electronic data"). ACI-103 08-23 Includes copyrighted material of the Insurance Services Page 1 of 2 Office, Inc., used with permission. All Rights Reserved. LNSURED COPY--Page 10 "Electronic Data": 2. Is not tangible property. 1. Means information,facts, images or sounds stored 3. Does not include the insured's "electronic data" as or on, created or used on, or transmitted to or that is licensed, leased, rented or loaned to from computer software, including systems and others. applications software, on electronic storage devices including, but not limited to, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED ACI-103 08-23 Includes copyrighted material of the Insurance Services Page 2 of 2 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 11 NOTICE OF PRIVACY PRACTICES What We Do To Protect Your Privacy Atlantic Casualty Insurance Company®* believes that personal information that we collect about our customers, potential customers, proposed insureds (referred to collectively in this Privacy Policy as"customers"),or claimants must be treated with the highest degree of confidentiality.For this reason and in compliance with applicable laws, including the Gramm-Leach-Bliley Act ("GLBA"), we have developed a Privacy Policy that applies. For purposes of our Privacy Policy, the tern"personal information"includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws, all individuals with access to personal information about our customers are required to follow this policy. Protecting Confidentiality Our agents and Company associates may have access to nonpublic personal information only for the purpose of providing our products or services to you. We maintain physical, electronic and procedural safeguards against unauthorized use of your nonpublic personal information. Information We Obtain To assist in underwriting and servicing your policy,we may obtain nonpublic personal information about you. For example, we routinely obtain information through applications, forms related to our products or services, from visiting www.atlanticcasualty.net, and your transactions with us. We may obtain such information from our affiliates, independent insurance agents, general agents/managing general agents, governmental agencies, third parties, or consumer reporting agencies. The type of information that we collect depends on the product or service requested, but may include your name,address,contact information,social security number,credit history,claims history,information to properly investigate and resolve any claims,or billing information.We may obtain your medical history with your permission. The nature and extent of the information we obtain varies based on the nature of the products and services you receive. The Internet and Your Information If you would like to learn about how we gather and protect your information over the Internet, please see our online privacy statement at >rivacv.Generally, Atlantic Casualty may use cookies, analytics, and other technologies to help us provide users with better service and a more customized web experience. Our business partners may use tracking services, analytics, and other technologies to monitor visits to www.atlanticcasualty.net. The website may use web beacons in addition to cookies. You may choose to not accept cookies by changing the settings in your web browser. Information obtained on our websites may include IP address, browser and platform types, domain names, access times, referral data, and your activity while using our site;who should use our web site;the security of information over the Internet; and links and co-branded sites. ACI-GLB(01-20) INSURED COPY--Page 12 NOTICE OF PRIVACY PRACTICES Limited Disclosure Atlantic Casualty Insurance Group companies do not disclose any nonpublic personal information about their customers or former customers except as permitted by law. We do not sell your personal information to anyone. We do not offer an opportunity for you to prevent or "opt out of information sharing since we only share personal information with others as allowed by law.When sharing infonnation with third parties to help us conduct our business,we require there to protect your personal information. We do not permit there to use or share your personal infonnation for any purpose other than the work they are doing on our behalf or as required by law. NOTICE OF PRIVACY PRACTICES The types of information disclosed may include personal information we collect as necessary to service your policy or account,investigate and pay claims,comply with state and federal regulatory requests or demands, and process other transactions that you request. Third parties that receive disclosures may include your independent agent, a general agent/managing general agent, regulators, reinsurance companies, fraud prevention agencies, or insurance adjusters. How Long We Retain Your Information We generally retain your infonnation as long as reasonably necessary to provide you services or to comply with applicable law and in accordance with our document retention policy. We may retain copies of information about you and any transactions or services you have used for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law. In some circumstances we may anonymize your personal information(so that it can no longer be associated with you)for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.This allows the specific infonnation collected(name,email,address,phone number, etc.) to become anonymous,but allows Auto-Owners to keep the transaction or engagement data. Changes to the Privacy Policy We will provide a notice of our privacy policy as required by law. This policy may change from time to time, but you can always review our current policy by visiting our website at ,:S,S�:1•S.i�.t frlie.El iE I.t;11tL'.f.?E'.1./'yr?i'i:E:V or by contacting us. Contact Us Atlantic Casualty Insurance Company Phone: 877-225-5744 extension 6381 (toll free) Email: Qo p iince< r t:1.:.3 i_ <.zll.i.. . *Atlantic Casualty Insurance Company includes our affiliate company Auto-Owners Specialty Insurance Company. ACI-GLB (01-20) INSURED COPY--Page 13 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT ENDORSEMENT It is agreed that service of process in suit may be made upon: Angela B.Grady Vice President Claims Atlantic Casualty Insurance Company 400 Commerce Court Goldsboro,NC 27534 and that in any suit instituted against any one of them upon this contract,the Company will abide by the final decision of any Court or Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of the Company in any suit and/or upon the request of the Insured to give a written undertaking to the Insured that they will enter a general appearance upon the Companyt behalf in the event a suit is instituted. Further, pursuant to any statute of any state,territory or district of the United States which makes provision therefor,the Company 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 their true and lawful attorney upon whom may be served any lawful process in any action,suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance,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. ACI-SOS 07/16 INSURED COPY--Page 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERGROUND UTILITY WARRANTY This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following condition is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: 10. Underground Utility Locator Service It is a condition to the coverage afforded by this policy that before the insured commences any digging, excavation, boring, underground or similar work, a locator service must come to the job site at the request of the insured and mark the location of all underground lines, pipes, cables and underground utilities. The insured must obtain proof of the completion of the locating service in writing from the locator service and produce such documentation upon request. No mechanized equipment is to be used within the tolerance zone of the marked utility. The tolerance zone should be verified in the state work is being performed. This insurance does not apply to any claims, losses, costs or expenses arising out of such operations when the insured has failed to comply with the conditions noted herein. AGI PY 9. _...... . ............. - ne.0 es co r,� ed material o e nsuranc. e...... age o Office,.Inc; used.with.pecmission.All Rights Reserved LNISURED COPY--Page 15 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY., MINIMUM EARNED PREMIUM If this policy is cancelled for any reason, except at the request of the Company, you agree with us that the minimum earned premium for this policy is 25% of the total policy premium, unless otherwise indicated below. It is further agreed that such minimum earned premium is not subject to short rate or pro rata adjustment. All premium charges for adding additional insured and/or waiver of subrogation endorsements to this policy shall be 100% fully earned. ❑ 50% of the total policy premium 100% of the total policy premium ❑ % of the total policy premium A-MEP1 01/08 INSURED COPY--Page 16 COMMERCIAL GENERAL LIABILITY CG 40 32 05 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES (PFAS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Exclusions of Section I—Coverage B—Personal Injury And Property Damage Liability: And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Perfluoroalkyl And Polyfluoroalkyl Perfluoroalkyl And Polyfluoroalkyl Substances Substances a. 'Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in part, would not have taken place, in whole or in but for the actual, alleged, threatened or part, but for the actual, alleged, threatened suspected inhalation, ingestion, absorption, or suspected inhalation, ingestion, consumption, discharge, dispersal, absorption, consumption, discharge, seepage, migration, release or escape of, dispersal, seepage, migration, release or contact with, exposure to, existence of, or escape of, contact with, exposure to, presence of, any "perfluoroalkyl or existence of, or presence of, any polyfluoroalkyl substances". "perfluoroalkyl or polyfluoroalkyl b. Any loss, cost or expense arising, in whole substances". or in part, out of the abating, testing for, b. Any loss, cost or expense arising, in whole monitoring, cleaning up, removing, or in part, out of the abating, testing for, containing, treating, detoxifying, monitoring, cleaning up, removing, neutralizing, remediating or disposing of, or containing, treating, detoxifying, in any way responding to or assessing the neutralizing, remediating or disposing of, or effects of, "perfluoroalkyl or polyfluoroalkyl in any way responding to or assessing the substances", by any insured or by any other effects of, "perfluoroalkyl or polyfluoroalkyl person or entity. substances", by any insured or by any other person or entity. CG 40 32 05 23 ©Insurance Services Office, Inc., 2022 Page 1 of 2 LVSURED COPY--Page 17 C. The following definition is added to the Definitions b. Perfluoroalkyl acids (PFAA), such as Section: perfluorooctanoic acid (PFOA) and its salts, "Perfluoroalkyl or polyfluoroalkyl substances" or perfluorooctane sulfonic acid (PFOS)and means any: its salts; 1. Chemical or substance that contains one or c. Perfluoropolyethers (PFPE); more alkyl carbons on which hydrogen atoms d. Fluorotelomer-based substances;or have been partially or completely replaced by e. Side-chain fluorinated polymers; or fluorine atoms, including but not limited to: a. Polymer, oligomer, monomer or nonpolymer 2. Good or product, including containers, materials, parts or equipment furnished in chemicals and their homologues, isomers, connection with such goods or products, that tel'omers, salts, derivatives, precursor consists of or contains any chemical or chemicals, degradation products or by- substance described in Paragraph CA. products; Page 2 of 2 ©Insurance Services Office, Inc., 2022 CG 40 32 05 23 INSURED COPY--Page 18 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; and c. Recommend changes. 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us 2. We are not obligated to make any inspections, surveys, advance written notice of cancellation. reports or recommendations and any such actions we do undertake relate only to insurability and the 2. We may cancel this policy by mailing or delivering to premiums to be charged. We do not make safety the first Named Insured written notice of cancellation inspections. We do not undertake to perform the duty at least: of any person or organization to provide for the health a. 10 days before the effective date of cancellation if or safety of workers or the public. And we do not we cancel for nonpayment of premium; or warrant that conditions: b. 30 days before the effective date of cancellation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first Named b. Comply with laws,regulations,codes or Insured's last mailing address known to us. standards. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 3. Paragraphs 1. and 2. of this condition apply not only to 5. if this policy is cancelled, we will send the first us, but also to any rating, advisory, rate service or Named Insured any premium refund due. If we cancel, similar organization which makes insurance the refund will be pro rata. if the first Named Insured inspections, surveys,reports or recommendations. cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not 4. Paragraph 2. of this condition does not apply to any made or offered a refund. inspections, surveys, reports or recommendations we 6. if notice is mailed,proof of mailing will be sufficient may make relative to certification, under state or proof of notice. municipal statutes, ordinances or regulations,of boilers, pressure vessels or elevators. B. Changes E. Premiums This policy contains all the agreements between you and us The first Named Insured shown in the Declarations: concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to snake changes in I. Is responsible for the payment of all premiums; and the terms of this policy with our consent. This policy's terms 2. Will be the payee for any return premiums we pay. can be amended or waived only by endorsement issued by us and made a part of this policy. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be C. Examination Of Your Books And Records transferred without our written consent except in the case of death of an individual named insured. We may examine and audit your books and records as they relate to this policy at any time during the policy period and If you die,your rights and duties will be transferred to up to three years afterward. your legal representative but only while acting within the scope of duties as your legal representative. Until D. Inspections And Surveys your legal representative is appointed,anyone having proper temporary custody of your property will have 1. We have the right to: your rights and duties but only with respect to that a. Make inspections and surveys at any time; property. iL 00 17 11 98 Copyright, insurance Services Office, inc., 1998 Page 1 of 1 INSURED COPY--Page 19 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from or "property damage": "hazardous properties" of "nuclear material", if: (1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear the policy is also an insured under a nuclear facility" owned by, or operated by or on energy liability policy issued by Nuclear behalf of, an "insured" or (b) has been Energy Liability Insurance Association, discharged or dispersed therefrom; Mutual Atomic Energy Liability (2) The "nuclear material" is contained in Underwriters, Nuclear Insurance Association "spent fuel" or "waste" at any time of Canada or any of their successors, or possessed, handled, used, processed, would be an insured under any such policy stored, transported or disposed of, by or on but for its termination upon exhaustion of behalf of an "insured"; or its limit of liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is connection with the planning, construction, required to maintain financial protection maintenance, operation or use of any pursuant to the Atomic Energy Act of 1954, "nuclear facility", but if such facility is or any law amendatory thereof, or (b) the located within the United States of America, "insured" is, or had this policy not been its territories or possessions or Canada, this issued would be, entitled to indemnity from exclusion (3) applies only to "property the United States of America, or any agency damage" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organization. "Hazardous properties" includes radioactive, toxic � or explosive properties. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily "Nuclear material" means "source material", injury" resulting from the "hazardous "special nuclear material" or "by-product material". properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. IL 00 21 09 08 Copyright,t U P F� ies,Ongecyp2007 Page 1of 2 "Source material", "special nuclear material", and (c) Any equipment or device used for the "by-product material" have the meanings given processing, fabricating or alloying of them in the Atomic Energy Act of 1954 or in any "special nuclear material" if at any time the law amendatory thereof. total amount of such material in the custody "Spent fuel" means any fuel element or fuel of the "insured" at the premises where such component, solid or liquid, which has been used or equipment or device is located consists of exposed to radiation in a "nuclear reactor". or contains more than 25 grams of plutonium or uranium 233 or any "Waste" means any waste material (a) containing combination thereof, or more than 250 "by-product material" other than the tailings or grams of uranium 235; wastes produced by the extraction or concentration of uranium or thorium from any ore (d) Any structure, basin, excavation, premises processed primarily for its "source material" or place prepared used for the storage or content, and (b) resulting from the operation by disposal of "waste"";; any person or organization of any "nuclear facility" and includes the site on which any of the included under the first two paragraphs of the foregoing is located, all operations conducted on definition of "nuclear facility"� such site and all premises used for such "Nuclear facility" means: operations. (a) Any "nuclear reactor"; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a (b) Any equipment or device designed or used self-supporting chain reaction or to contain a for (1) separating the isotopes of uranium or critical mass of fissionable material. plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or "Property damage" includes all forms of packaging "waste"; radioactive contamination of property. IL 00 21 09 08 Copyright, ISO Properties, Inc., 2007 Page 2 of 2 LVSURED COPY--Page 21 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site—http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ©ISO Properties, Inc., 2004 Page 1 of 1 INSURED COPY--Page 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MARINE LEGAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROTECTION AND INDEMNITY COVERAGE PART VESSEL DEALER PROTECTION AND INDEMNITY COVERAGE PART A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage"arising, directly or indirectly, out of a"certified act of terrorism". B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to"bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. ACI-2173 09-20 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MARINE LEGAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROTECTION AND INDEMNITY COVERAGE PART VESSEL DEALER PROTECTION AND INDEMNITY COVERAGE PART A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy (meaning the policy period in which this endorsement applies) begins after such date, then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program ("Program"), established by the Terrorism Risk Insurance Act, has terminated with respect to the type of insurance provided under this Coverage Part or Policy; or b. A renewal, extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that: (1) Increase our statutory percentage deductible under the Program for terrorism losses. (That deductible determines the amount of all certified terrorism Fosses we must pay in a calendar year, before the federal government shares in subsequent payment of certified terrorism losses.); or (2) Decrease the federal government's statutory percentage share in potential terrorism losses above such deductible; or (3) Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable,such provisions: a. Supersede any terrorism endorsement already endorsed to this policy that addresses "certified acts of terrorism" and/or "other acts of terrorism", but only with respect to an incident(s) of terrorism (however defined) which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable (for claims made policies, such an endorsement is superseded only with respect to an incident of terrorism (however defined) that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable); and b. Remain applicable unless we notify you of changes in these provisions, in response to federal law. ACI-2187 11-20 Includes copyrighted material of the Insurance Services Page 1 of 3 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 24 3. If the provisions of this endorsement do NOT become applicable, any terrorism endorsement already endorsed to this policy, that addresses "certified acts of terrorism" and/or 'other acts of terrorism", will continue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terrorism, or the phrase any injury or damage, are enclosed in quotation marks: 1. "Terrorism" means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. 2. "Any injury or damage" means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or"environmental damage" as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury or damage" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". "Any injury or damage" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of"terrorism": 1.The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or 2. Radioactive material is released, and it appears that one purpose of the "terrorism" was to release such material; or 3. The "terrorism"is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the"terrorism"was to release such materials;or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded,we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ. ACI-2187 11-20 Includes copyrighted material of the Insurance Services Page 2 of 3 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 25 Multiple incidents of"terrorism"which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraphs C.5.or C.6.are exceeded. With respect to this Exclusion, Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of"terrorism" and the circumstances in which the threshold will apply,for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Part or Policy. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. ACI-2187 11-20 Includes copyrighted material of the Insurance Services Page 3 of 3 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 26 COMMERCIAL GENERAL LIABILITY AGL 01 63 NY 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES - COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added as Paragraph e. to the Duties b. With respect to "bodily injury" claims, if we In The Event Of Occurrence, Offense, Claim Or Suit deny coverage or do not admit liability Condition (Paragraph 2. of Section IV — Commercial because an insured or the injured person, General Liability Conditions): someone acting for the injured person or other 2. Duties In The Event Of Occurrence, Offense, claimant fails to give us written notice as Claim Or Suit soon as practicable, then the injured person, someone acting for the injured person or other e. Notice given by or on behalf of the insured, or claimant may bring an action against us, written notice by or on behalf of the injured provided the sole question is whether the person or any other claimant, to any agent of denial of coverage or nonadmission of liability ours in New York State, with particulars is based on the failure to provide timely sufficient to identify the insured, shall be notice. considered to be notice to us. However, the injured person, someone acting B. Paragraph 3. of Section IV — Commercial General for the injured person or other claimant may Liability Conditions is replaced by the following: not bring an action if within 60 days after we 3. Legal Action Against Us deny coverage or do not admit liability, we or a. Except as provided in Paragraph b., no person an insured: or organization has a right under this (1) Brings an action to declare the rights of Coverage Part: the parties under the policy; and (1) To join us as a party or otherwise bring us (2) Names the injured person, someone acting into a "suit" asking for damages from an for the injured person or other claimant as insured; or a party to the action. (2) To sue us on this Coverage Part unless all C. The following provision is added and supersedes any of its terms have been fully complied with. provision to the contrary: A person or organization may sue us to Failure to give notice to us as required under this recover on an agreed settlement or on a final Coverage Part shall not invalidate any claim made by judgment against an insured; but we will not the insured, injured person or any other claimant, be liable for damages that are not payable unless the failure to provide such timely notice has under the terms of this Coverage Part or that prejudiced us. However, no claim made by the are in excess of the applicable limit of insured, injured person or other claimant will be insurance. An agreed settlement means a invalidated if it shall be shown not to have been settlement and release of liability signed by reasonably possible to give such timely notice and us, the insured and the claimant or the that notice was given as soon as was reasonably claimant's legal representative. possible thereafter. AGL 01 63 NY 01 09 Includes copyrighted material of Insurance Page 1 of 1 Services Office, Inc., used with permission. INSURED COPY--Page 27 ij ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—COMMUNICABLE DISEASE THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim, loss,costs or expense for"bodily injury", "property damage", or"personal and advertising injury'arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: (1)Supervising, hiring, employing,training or monitoring of others that may be infected with and spread a communicable disease; (2)Testing for a communicable disease; (3)Failure to prevent the spread of the disease; or (4)Failure to report the disease to authorities. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-001 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. LN- SURED COPY--Page 28 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—LEAD BEARING SUBSTANCE THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim,loss, costs or expense for"bodily injury"or"personal and advertising injury'caused by plumbism (lead poisoning)or any disease or ailment caused by or aggravated by exposure, consumption or absorption of lead. This insurance does not apply to any claim,loss, costs or expense for"property damage"arising out of the actual or alleged presence of lead in any form, including the costs of remedial investigations or feasibility studies, or to the cost of testing, monitoring, cleaning up or removal of any lead-bearing substance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-002 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 29 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—PUNITIVE DAMAGES THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim of or indemnification for punitive, exemplary and/or statutorily enhanced damages, including, but not limited to, multiple damages. If a"suit'seeking both compensatory and punitive, exemplary and/or statutorily enhanced damages, including, but not limited to, multiple damages has been brought against you for a claim covered by this policy,we will provide defense for such action.We will not have any obligation to pay for any costs, interest or damages attributable to punitive, exemplary and/or statutorily enhanced damages, including, but not limited to, multiple damages. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-003 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 30 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—ASBESTOS OR SILICA THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim,loss, costs or expense for"bodily injury'or"personal and advertising injury"caused by asbestosis, silicosis, mesothelioma, emphysema, pneumoconiosis, pulmonary fibrosis, pleuritis, endothelioma or any lung disease or any ailment caused by, or aggravated by exposure, inhalation,consumption or absorption of asbestos or silica. This insurance does not apply to any claim,loss,costs or expense for"property damage"due to or arising out of the actual or alleged presence of asbestos or silica in any form, including the cost of remedial investigations or feasibility studies, or to the cost of testing, monitoring, cleaning and removal of any property or substance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-004 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 31 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION — INDEPENDENT CONTRACTORS OR SUBCONTRACTORS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claims, loss, costs or expense arising out of or related to the action(s) or inaction(s) of independent contractors or subcontractors by or on behalf of any insured; or for the negligent hiring, training, supervision, direction, inspection, investigation, management or retention of independent contractors or subcontractors on behalf of any insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-005 10-10 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 32 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - DESIGNATED OPERATIONS (ALL HAZARDS IN CONNECTION WITH SUBWAY, TUNNEL, BRIDGE AND DAM CONSTRUCTION OR OPERATION) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to both SECTION I - COVERAGES, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and to SECTION 1 - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions: This insurance does not apply to any claim, loss, costs or expense for "bodily injury," "property damage" or "personal and advertising injury" arising out of "your work" or "your product" arising out of pile driving, caisson, cofferdam, subway, tunnel, bridge, dam, subaqueous, or dredging construction or operations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-010 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 33 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PREMIUM AUDIT OR INSPECTION - DEPOSIT'PREMIUM o CANCELLATION IN THE EVENT OF UNPAID PREMIUM AUDITS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Conditions (Section IV), Commercial General Liability is amended as follows: 5. Premium Audit Paragraph " b." is deleted and replaced by the following: b) Premium shown in this Coverage Part as advance premium is a minimum and deposit premium. It shall be determined based on an estimate of your exposures for the policy year. At the close of each audit period, or after expiration or cancellation of this policy, or during the policy term, we may, at our discretion, compute the policy premium based on your actual records, a telephone inspection or survey, physical inspection or survey, self-audit or an audit conducted of your actual records. If you do not provide the requested audit information, an estimated audit endorsement will be processed increasing the rating basis by 50%. The developed premium shall be immediately due and payable on notice to the first Named Insured. Additional premium may be generated by additional exposure(s) including but not limited to increases in the rating basis.Additional classifications disclosed at audit will be added atthe company's discretion, subject to current underwriting guidelines, effective the inception date of the policy. This includes any mandatory forms associated with the additional classifications. If additional premium generated by the audit is not paid promptly the policy may be cancelled at our discretion. If additional audit premium is due on an expired policy, the renewed policy may be cancelled for non-payment of premium. If the total earned premium for the policy period is less than the advance premium, then the advance premium is the minimum premium and not subject to further adjustment. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-012 (08-18) Includes copyrighted material of Insurance Page 1 or 1 Services Office, Inc.,with its permission. INSURED COPY--Page 34 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - WRECKING OF BUILDINGS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART We do not cover claims, loss, costs or expense for "bodily injury", "property damage" or "personal and advertising injury": a) arising from the use of explosives, ball and chain or similar apparatus; or b) to any underground property; or c) arising from the demolition or wrecking of any building or structure in excess of three stories. AGL-022 Edition 11111 c) SIG All Rights Reserved INSURED COPY--Page 35 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION- OVERCUT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY We do not cover any claim, loss, costs or expense for "property damage" arising out of "over-cutting of timber" or other vegetation by any "insured" or any contractors working for or acting on behalf of any "insured". The following definition is added to Section V - Definitions: "Over-cutting of timber" means the cutting, felling, logging or destruction of timber or other vegetation not owned, leased or under contract or agreement to log or lumber by or for you whether such contract or agreement is written or oral. AGL-029 Edition 01/05 Copyright SIG 1997 All Rights Reserved INSURED COPY--Page 36 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LANDFILL, GARBAGE OR REFUSE DUMPS, FERTILIZER OR RENDERING PLANTS, GARBAGE WORKS OR HAZARDOUS WASTE SITES THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE This insurance does not apply to any claim, loss, costs or expense for "bodily injury," "property damage" or "personal and advertising injury" arising out of or in the course of any operations or completed operations, ownership and/or maintenance of any landfill, hazardous waste site, garbage or refuse dump, fertilizer or rendering plant or garbage works including separation for recycling, reduction, reducing or incineration, or operations necessary or incidental thereto. AGL-039 Edition 1/1 1 fo SIG 1997 All Rights Reserved 1 INSURED COPY--Page 37 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EIFS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insruance does not apply to any claim, loss, costs or expense for "bodily injury", property damage" or "personal and advertising injury" arising from the design, manufacture, construction, fabrication, preparation, installation, application, maintenance or repair, including remodeling, service, correction, or replacement, of an exterior insulation and finish system (commonly referred to as synthetic stucco or EIFS) or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system. For the purpose of this endorsement, an exterior insulation and finish system means an exterior cladding or finish system used on any part of any structure, and consisting of: (1) A rigid or semi-rigid insulation board made of expanded polystyrene or other materials; (2) The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; (3) A reinforced or unreinforced base coat; (4) A finish coat providing surface texture to which color may be added; and (5) Any flashing, caulking or sealant used with the system for any purpose. For the purposes of this exclusion, a direct applied exterior finish system and/or a direct exterior finish system (both commonly referred to as DEFS) is deemed to be a substantially similar system to an EIFS system and this endorsement applies equally to what may be referred to as a DEFS. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-050 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 38 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - MOLD, BACTERIA, VIRUS AND ORGANIC PATHOGEN LIABILITY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim, loss, costs or expense arising from any actual or alleged: 1. "bodily injury,""property damage"or"personal and advertising injury;" 2. damages for devaluation of property or for the taking, use or acquisition or interference with the rights of others in' property or air space; or 3. fines, penalties and attorney fees, arising out of any governmental direction or request, or any private party or citizen action, that an insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize"organic pathogens;"or 4. litigation or administration procedure in which any insured may be involved as a party; arising directly, indirectly, or in concurrence or in any sequence out of actual, alleged or threatened existence, exposure to, discharge, dispersal, deposit, release or escape of"organic pathogens," whether or not such actual, alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradual in nature. In addition, this insurance does not apply to any alleged "bodily injury," "property damage;" "personal and advertising injury," loss, costs or expense including but not limited to fines, penalties and attorney fees, arising out of or related to any form of "organic pathogens," whether or not such actual, alleged or threatened existence, exposure to, discharge, dispersal, deposit, release or escape is negligently or intentionally caused by any person or entity and whether or not the liability of any insured is alleged to be direct or vicarious. This exclusion also applies whether or not such injury, damage, devaluation, cost or expense is expected or intended from the standpoint of any insured. "Organic pathogen" means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus, including but not limited to their byproducts such as mycotoxin, mildew, biogenic aerosol or scent. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-054 12-18 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 39 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION OF INJURY TO EMPLOYEES, CONTRACTORS AND EMPLOYEES OF CONTRACTORS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion e. Employer's Liabilityof SECTION I—COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITYis replaced bythefollowing: This insurance does not apply to: (i) 'Bodily injury"to any"employee"of any insured arising out of or in the course of; (a) Employment by any insured;or (b) Performing duties related to the conduct of any insured's business; (ii) "Bodily injury"to any"contractor"for which any insured may become liable in any capacity;or (iii) "Bodily injury"sustained by any spouse,child,parent, brother or sister of any"employee"of any insured,or of a"contractor",as a consequence of any injury to any person as set forth in paragraphs(i)and(ii) of this endorsement. This exclusion applies to all claims and"suitd'by any person or organization for damages because of"bodily injury"to which this exclusion applies including damages for care and loss of services. This exclusion applies to any obligation of any insured to indemnify or contribute with another because of damages arising out of"bodily injury"to which this exclusion applies,including any obligation assumed by an insured under any contract. With respect to this endorsement only, the definition of"Employed'in the SECTION V- DEFINITIONS is replaced by the following: "Employee"shall include,but is not limited to,any person or persons hired,loaned,leased,contracted,or volunteering for the purpose of providing services to or on behalf of any insured,whether or not paid for such services and whether or not an independent contractor. As used in this endorsement, "contractor" shall include, but is not limited to, any independent contractor or subcontractor of any insured, any general contractor,any developer,any independent contractor or subcontractor of any general contractor,any independent contractor or subcontractor of any developer,any independent contractor or subcontractorof any property owner,and any and all persons working for and or providing services and or materials of any kind for these persons or entities mentioned herein. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-055A 0313. Includes copyrighted material of the Insurance Services Page 1 of 1 Office,Inc.,used with permission. All rights reserved. LNSURED COPY--Page 40 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ _IT CAREFULLY. EXCLUSION — OVERSPRAY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE We do not cover any claim, loss, costs or expense for "property damage'' due to overspray arising from any operation performed by any "insured" or any contractors or subcontractors working for or acting on behalf of any "insured". r AGL-058 Edition 1/06 OSIG 1997 All Rights Reserved Page 1 of 1 INSURED COPY--Page 41 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - TOTAL POLLUTION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under paragraph 2. EXCLUSIONS of SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, clean up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". ALL OTHER TERMS A'ND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-064 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 42 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIMITATION - MAXIMUM AVAILABLE LIMIT OF INSURANCE THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART When two or more coverage forms, coverage parts or policies are issued by us: This endorsement applies to all coverage forms or coverage parts and policies providing "bodily injury" and "property damage" and/or damage to premises rented to you and/or medical payments and/or "products-completed operations" and/or "personal and advertising injury." For any loss, claim, costs or expense arising out of one occurrence: If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence, the maximum per occurrence Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any•one Coverage Form or policy. This endorsement applies to any insured including, but not limited to, any additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-066 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 43 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - EXPECTED OR INTENDED THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion 2.a. of SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following: a) Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of any insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-068 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 44 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—SNOW AND/OR ICE REMOVAL THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim, loss, costs or expense for"bodily injury"or"property damage" arising from any insured's operations or completed operations for the removal of snow and/or ice. This exclusion does not apply if you remove snow and/or ice from any premises that you own or rent whose address is shown on the policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-069 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. LNSURED COPY-,-Page 4-5 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TERMS, CONDITIONS, AND PREMIUM THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy's terms, conditions and premiums are subject to change in accordance with our rates and rules in effect at the time of the renewal, continuation or anniversary. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-071 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 46 r ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - EARTH MOVEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claim, loss, costs or expense for "bodily injury," "property damage" or "personal and advertising injury" arising out of, caused by, resulting from, attributable to or contributed to, aggravated by, or related to earthquake, landslide, mud flow, subsidence, settling, slipping, falling away, shrinking, caving in, shifting, eroding, rising, heaving, tilting or any other movement of land, earth or mud. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED t AGL-072 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 47 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—MENTAL INJURY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim,loss, costs or expense arising out of emotional distress, mental anguish, humiliation, mental distress, mental injury, mental suffering,worry, annoyance, anxiety, inconvenience, depression, dissatisfaction, or shock to the nervous system or any physical manifestation of any of the foregoing, or any similar injury unless it arises out of physical injury that occurs to that person ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-073 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 48 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIMITATION—RIGHT TO SELECT COUNSEL THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM We have the right to select counsel to represent any insured. In the event that you or any insured or indemnitee are entitled by law to select independent counsel to defend you or any insured or indemnitee at the Company's expense and you or any insured or indemnitee elect to select such counsel, the attorney's fees and all other litigation expenses we must pay are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims in the community where the claim arose or is being defended. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-074 01-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 49 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY INSURING AGREEMENT AMENDMENT- USE OF EXTRINSIC EVIDENCE - RIGHT TO DEFEND THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1. a. of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily injury" or"property damage"to which this insurance applies. We will have the right and the duty to defend the-insured against any "suit" seeking covered damages. We will have the right, but not the duty, to defend any insured against any "suit" for which we dispute coverage. We will have no duty to defend or indemnify any insured against any"suit"seeking damages for'bodily injury"or"property damage"where there is no coverage under the policy. We will have the right, but not the duty,to defend those qualifying as an additional insured by way of an additional insured endorsement. We may look to extrinsic evidence outside of the allegations and/or facts pleaded by any claimant to determine whether we owe a duty to defend or indemnify against a lawsuit seeking "bodily injury"or "property damage," provided that extrinsic evidence does not contradict a claimantb pleaded allegation. We may, at our discretion, investigate any"occurrence"and settle any claim or"suit"that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III—LIMITS OF INSURANCE; and (2) Our right and duty to 'defend a claim to which this insurance applies ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under COVERAGES A or B or medical expenses under COVERAGE C. AGL-07710-16 Includes copyrighted material of the Insurance Services Page 1 of 2 Office, Inc., used with permission. All rights reserved. INSURED COPY--Page 50 J ATLANTIC CASUALTY INSURANCE COMPANY Paragraphs b.(3), c.and d. under Paragraph 1.Insuring Agreement of SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY are deleted. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS—COVERAGES A and B. B. Paragraph 1. a. of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY is replaced by the following: a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"personal and advertising injury"to which this insurance applies. We will have the right, but not the duty,to defend any insured against any "suit" seeking covered damages. We will have no duty to defend or indemnify any insured against any"suit"seeking damages for"personal and advertising injury"where there is no coverage under the policy. We will have the right, but not the duty, to defend those qualifying as an additional insured by way of an additional insured endorsement. We may look to extrinsic evidence outside of the allegations and/or facts pleaded by any claimant to determine whether we owe a duty to defend or indemnify against a lawsuit seeking "personal and advertising injury," provided that extrinsic evidence does not contradict a claimantb pleaded allegation and provided that evidence relates to a discrete coverage issue under the policy and not a merits or liability issue. We may,at our discretion, investigate any"occurrence"and settle any claim or 1suit"that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III—LIMITS OF INSURANCE;and (2) Our right and duty to defend a claim to which this insurance applies ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under COVERAGES A or B or medical expenses under COVERAGE C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS—COVERAGES Aand B. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-077 10-16 Includes copyrighted material of the Insurance Services Page 2 of 2 Office, Inc., used with permission. All rights reserved. PTSURED COPY--Page 51 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIMITATION - IMPORTED DRYWALL THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claim, loss, costs or expense for "bodily injury" or "property damage" arising out of "your product" or "your work" resulting from any paper-coated, gypsum-filled paneling, which may be known by various names including, but not limited to drywall, wallboard, sheetrock, gypsum board or plasterboard that was not manufactured in the United States or Canada. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-079 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. LNSURED COPY--Page 52 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claim, loss, costs or expense for "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at the location at which a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1) Provides coverage identical to that provided by this Coverage Part; (2) Has limits adequate to cover all claims; or (3) Remains in effect. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-080 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 53 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION—SUITS BETWEEN NAMED INSUREDS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of"bodily injury,""property damage"or"personal and advertising injury". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-08101-17 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 54 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONDITION - ARBITRATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART If we and any insured do not agree whether coverage is provided under this policy for a claim made against any insured, then either party may make a written demand for arbitration. When this demand is made, each party w ill select an arbitrator.The two arbitrators will select a third. If they cannot agree w ithin30 days,either may request that selection be made by a judge of a court having jurisdiction. Each party w ill: (1) Pay the expenses it incurs; and (2) Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. Any decision agreed to or damages awarded by the arbitrators may be appealed to a court of competent jurisdiction. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-096 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 55 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDED DEFINITION - PROPERTY DAMAGE THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 17. of SECTION V - DEFINITIONS is replaced by the following: 17. `'Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. However, "property damage" does not include breach of contract, breach of any express or implied warranty, deceptive trade practices or violation of any consumer protection laws. "Property damage" does not include any cost or expense to repair, replace or complete any work to any property that you, or any insured, are otherwise obligated to repair, replace or complete pursuant to the terms of any contract. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-106 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. LEISURED COPY--Page 56 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION-EMPLOYMENT-RELATED PRACTICES THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART 'EMPLOYEE BENEFITS LIABILITY AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM This insurance does not apply to any claim, loss, costs or expense arising out of"bodily injury,""property damage,"or "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, demotion, evaluation, reassignment, transfer, discipline, defamation, harassment, humiliation or discrimination directed at that person; or 2. The spouse, child, parent, brother or sister of that person as a consequence of"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 insured may be liable as an employer or in any other capacity; and 2. To any obligation to share damages with or repay someone else who must pay damages because of injury. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-108 05-18 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission.All Rights Reserved. MURED COPY--Page 57 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - VOLUNTEER WORKERS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraphs 2.a. Exclusions of SECTION I, COVERAGES, COVERAGE C - MEDICAL PAYMENTS is replaced by the following: This insurance does not apply to payment of expenses for "bodily injury". a. To any insured B. Paragraphs 2.a. and 2.b. of Section II - W h.o Is An Insured are replaced by the following: a. Your "employees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to conduct of your business. However, none of these "employees" is an insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" or while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over w hich physical control is being exercised for any purpose by you, any of your "employees," any partner or member (if you are partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee"), or any organization while acting as your real estate manager. C. Definition 20. "volunteer worker" of Section V - Definitions is deleted. AGL-112 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 58 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AM ENDM ENT OF POLLUTANT DEFINITION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 15. of Section V - Definitions is replaced by the following: 15. "Pollutants" means solid, liquid, gaseous, or thermal irritant or contaminant or all material for which a Material Safety Data Sheet is required pursuant to federal, state or local laws, where ever discharged, dispersed, deposited, seeping, migrating or released, including onto or into the air or any air supply, water or any water supply or land, including but not limited to petroleum, oil, heating oil, gasoline, fuel oil, carbon monoxide, industrial waste, acid, alkalis, chemicals, waste, treated sewage; and associated scent or scents, smoke, off gas or off gases, vapor, soot and fumes from said substance. Waste includes material to be recycled, reconditioned, or reclaimed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-114 03-13 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 59 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - CLAIMS IN PROCESS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to 2. Exclusions under SECTION I -COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY. This insurance does not apply to: 1. Any loss or claim for damages arising out of or related to"bodily injury"or"property damage,"whether known or unknown: a.which first occurred prior to the inception date of this policy; or b. which is, or is alleged to be, in the process of occurring as of the inception date of this policy regardless whether such bodily injury or property damage continues or becomes progressively worse during the policy period. 2. any loss or claim for damages arising out of or related to'bodily injury"or"property damage,"whether known or unknown,which is in the process of settlement,adjustment or"suit'as of the inception date of this policy. We shall have no duty to defend or indemnify any insured against any loss, claim,"suit'or other proceeding alleging damages arising out of or related to'bodily injury"or"property damage,"unless any insured can demonstrate this endorsement does not apply. The following exclusion is added to 2. Exclusions under SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to: 1. Any loss or claim for damages arising out of or related to"personal and advertising injury,"whether known or unknown: a. which first occurred prior to the inception date of this policy;or b. which is,or is alleged to be,in the process of occurring as of the inception date of this policy regardless whether such bodily injury or property damage continues or becomes progressively worse during the policy period. 2.. Any loss or claim for damages arising out of or related to 'personal and advertising injury,"whether known or unknown, which is in the process of settlement, adjustment or"suit'as of the inception date of this policy. We shall have no duty to defend or indemnify any insured against any loss,claim,"suit'or other proceeding alleging damages arising out of or related to'personal and advertising injury,"unless any insured can demonstrate this endorsement does not apply. AGL-1 3104115 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All rights reserved. LNSURED COPY--Page 60 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIMITATION e ROOFING THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claim, loss, costs or expense due to "property damage" arising out of rain, snow, hail or any combination of these if a suitable waterproof temporary covering, able to withstand the normal elements and large enough to cover the area being worked on, has not been properly secured in place. This cover is to be put into place any time any insured leaves the job site. Relative to roofing operations, the use of tar paper and/or felt paper and/or underlayment and/or synthetic underlayment does not constitute suitable waterproof temporary covering. Further, this insurance does not apply to any claim, loss, costs or expense for"bodily injury," "property damage" or "personal and advertising injury" that results from any operations performed by any insured, from initial inspection and pre-installation work to ongoing operations and including completed operations, where any insured is hired, loaned, leased or contracted to install and/or repair a roof involving any hot tar, wand, sprayed or sprayed-on material, torch or heat applications, hot membrane roofing or any membrane roofing system requiring heat for application. This endorsement applies to any "bodily injury," property damage" or "personal and advertising injury," including, but not limited to, water damage resulting from such operations whether or not the injury or damage arises from or is caused by the heat application. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AGL-132 09 181ncludes copyrighted material of ISO Properties, Inc. Used with permission. All rights reserved.Page 1 of 1 INSURED COPY--Page 61 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTO,AIRCRAFT AND WATERCRAFT EXCLUSION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2.g. of SECTION I-COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: "Bodily injury"or"property damage""arising directly or indirectly out of"the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury" or"property damage"involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" orwatercraft. This exclusion does not apply to"bodily injury"or"property damage"arising out of the operation of any of the equipment listed in Paragraph E(2)or f.(3)of the definition of"mobile equipment". B. The following is deleted under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,4. Other Insurance, paragraph b. Excess Insurance If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A-Bodily Injury And Property Damage Liability. C. The following definition is added to Section V-DEFINITIONS: "Arising directly or indirectly out of" means originating from,growing out of,flowing from, or having a connection with or incident to. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-151 03-181ncludes copyrighted material of the Insurance Services Office, Inc., used with permission. All rights reserved.Page 1 of 1 INSURED COPY--Page 62 ATLANTIC CASUALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIMITATION - CONDOMINIUMS, TO,WNHOMES, TOWNHOUSES, TRACT HOUSES THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to both SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and to SECTION 1 - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2.Exclusions: 1. This insurance does not apply to any claim,loss, costs or expense for"bodily injury", "property damage"or "personal and advertising injury" arising out of "your work" or "your product' on the new construction and/or conversion to or from any condominium,town home or townhouse project; or"tract home project'. This exclusion applies regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. 2. This exclusion does not apply to new construction projects consisting of 15 or fewer units in any one development,regardless of the size of the development. 3. This exclusion does not apply to repair work on any such units described in 1.above. We shall have no duty to defend any insured against any loss, claim, "suit' or other proceeding alleging damages arising out of or related to "bodily injury", "property damage" or "personal and advertising injury" to which this endorsement applies. B. The following definition is added to SECTION V-DEFINITIONS: 'Tract home project'means any freestanding one,two,three,four or multi-family dwelling that is constructed from multiple identical or nearly identical plans and constructed on a large piece or parcel of land which has been subdivided into fifteen(15)or more lots,tract,parcel or other divisions. ALL OTHERTERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-156 12 14 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All rights reserved. INSURED COPY--Page 63 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - BREACH OF CONTRACT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to any claim, loss, costs or expense and no duty to defend is provided by us for"bodily injury", "property damage", and/or "personal and advertising injury" for claims, "suits", allegations, accusations, charges, whether written or oral, express or implied, arising directly or indirectly out of,a breach of contract, breach of an implied in law or implied in fact contract or warranty. This exclusion also applies to any additional insured under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-169 (03-24) Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All rights reserved. INSURED COPY--Page 64 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONTRACTOR.ADDITIONAL INTERESTS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL,GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II—Who Is An Insured is amended to include b. "Bodily injury" or "property damage" occurring as an insured any person or organization for whom after: you are performing operations when you and such (1) All work, including materials, parts or person or organization have agreed in writing in a equipment furnished in connection with contract or agreement that such person or such work, on the project (other than organization be added as an additional insured on service, maintenance or repairs) to be your policy. Such person or organization is an performed by or on behalf of the additional additional insured only with respect to liability arising insured(s) at the site of the covered out of your ongoing operations performed for that operations has been completed; or insured. A person's or organization's status as an insured under this endorsement ends when your (2) That portion of"your work"out of which the operations for that insured are completed. injury or damage arises has been put to its B. With respect to the insurance afforded to these intended use by any person or organization other than another contractor or additional insureds,the following additional exclusions subcontractor engaged in performing apply: operations for a principal as a part of the 2. Exclusions same project. This insurance does not apply to: a. "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. AGL-176 06 19 Includes copyrighted material of ISO Properties, Inc. Page 1 of 4 Used with permission. All r.ghts reserved. LNSU D COPY--Page 63 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION - PRIMARY AND NON-CONTRIBUTORY SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract or written agreement; provided such written agreement is executed prior to the loss. A. Section II—Who Is An Insured is amended to completed; or include as an insured the person or organization shown in the Schedule, but only with respect to (2) That portion of"your work"out of which the liability caused, in whole or in part, by your ongoing injury or damage arises has been put to its operations performed for that insured. intended use by any person or organization other than another contractor or subcontractor B.This insurance is Primary and Non-Contributory, engaged in performing operations for a but only for the Additional Insured shown in the principal as a part of the same project. schedule and only for liability caused by the Insured's negligence for ongoing operations. D. With respect to the insurance afforded to these respect to the insurance afforded to these additional insureds, the following is added to C.With res p Section III—Limits Of Insurance: additional insureds, the following exclusion is added: 2. Exclusions If coverage provided to the additional insured is required by a contract or agreement,the most we This insurance does not apply to " bodily injury"or will pay on behalf of the additional insured is the "property damage"occurring after: amount of insurance: 1. Required by the contract or agreement; or (1) All work, including materials, parts or 2. Available under the applicable Limits of equipment furnished in connection with such Insurance shown in the Declarations; work,on the project(other than service, maintenance or repairs)to be performed by or whichever is less. on behalf of the additional insured(s)at the This endorsement shall not increase the applicable site of the covered operations has been Limits of Insurance shown in the Declarations. AGL-176 06 19 Includes copyrighted material of ISO Properties, Inc. Page 2 of 4 Used with permission. All rights reserved. INSURED COPY--Page 66 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract to waive rights of recovery, provided such written agreement is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SCHEDULE Maximum Per Policy General Aggregate Limit: $5,000,000 A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by"occurrences" damages or under Coverage C for medical under Section I — Coverage A, and for all medical expenses shall reduce the Construction Project expenses caused by accidents under Section I — General Aggregate Limit for that construction Coverage C, which can be attributed only to ongoing project. Such payments shall not reduce the operations at a single construction project: General Aggregate Limit shown in the 1. A separate Construction Project General Declarations nor shall they reduce any other Aggregate Limit applies to each construction Construction Project General Aggregate Limit for project, and that limit is equal to the amount of the any other construction project. General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations. Occurrence, Damage To Premises Rented To You 2. The Construction Project General Aggregate Limit and Medical Expense continue to apply. However, is the most we will pay for the sum of all damages instead of being subject to the General Aggregate under Coverage A, except damages because of Limit shown in the Declarations, such limits will be "bodily injury"or"property damage"included in the subject to the applicable Construction Project "products-completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of 5. The Maximum Per Policy General Aggregate Limit the number of: shown in the Schedule is the most we will pay for a. Insureds; the sum of all Construction Project General Aggregate Limits and the General Aggregate Limit b. Claims made or"suits" brought; or shown in the Declarations regardless of the c. Persons or organizations making claims or number of: bringing "suits". a. Insureds; AGL-176 06 19 Includes copyrighted material of ISO Properties, Inc. Page 3 of 4 Used with permission. All rights reserved. INSURED COPY--Page 67 b. Claims made or"suits" brought; 2. Such payments shall not reduce any Construction c. Persons or organizations making claims or Project General Aggregate Limit. bringing "suits"; or C. When coverage for liability arising out of the d. Construction projects. "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" B. For all sums which the insured becomes legally or "property damage" included in the "products- obligated to pay as damages caused by completed operations hazard" will reduce the "occurrences" under Section I—Coverage A, and for Products-completed Operations Aggregate Limit,and all medical expenses caused by accidents under not reduce the General Aggregate Limit nor the Section I — Coverage C, which cannot be attributed Construction Project General Aggregate Limit. only to ongoing operations at a single construction project: D. If the applicable construction project has been abandoned, delayed, or abandoned and then 1. Any payments made under Coverage A for restarted, or if the authorized contracting parties damages or under Coverage C for medical deviate from plans, blueprints, designs, specifications expenses shall reduce the amount available under or timetables,the project will still be deemed to be the the General Aggregate Limit or the Products- same construction project. completed Operations Aggregate Limit,whichever is applicable;and E. The provisions of Section III—Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AGL-176 06 19 Includes copyrighted material of ISO Properties, Inc. Page 4 of 4 Used with permission. All rights reserved. INSURED COPY--Page 68 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONDITION -WHEN WE DO NOT RENEW THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Paragraph 9. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AGL-179 03-22 Includes copyrighted material of the Insurance Services Page 1 of 1 Office, Inc., used with permission. All Rights Reserved. INSURED COPY--Page 69 COMMERCIAL GENERAL LIABILITY CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (3) Prior to the policy period, no insured listed Read the entire policy carefully to determine rights, under Paragraph 1. of Section II - Who Is duties and what is and is not covered. An Insured and no "employee" authorized Throughout this policy the words "you" and "your" by you to give or receive notice of an "oc- refer to the Named Insured shown in the Declara- currence" or claim, knew that the "bodily tions, and any other person or organization qualifying injury" or "property damage" had occur- as a Named Insured under this policy. The words red, in whole or in part. If such a listed in- 11 . "us" and "our" refer to the company providing sured or authorized "employee" knew, pri- this insurance. or to the policy period, that the "bodily in- jury" or "property damage" occurred, then The word "insured" means any person or organization any continuation, change or resumption of qualifying as such under Section If - Who Is An In- such "bodily injury" or "property damage" sured. during or after the policy period will be Other words and phrases that appear in quotation deemed to have been known prior to the policy period. marks have special meaning. Refer to Section V - Definitions. c. "Bodily injury" or "property damage" which SECTION I - COVERAGES occurs during the policy period and was not, prior to the policy period, known to have oc- COVERAGE A BODILY INJURY AND PROPERTY curred by any insured listed under Paragraph DAMAGE LIABILITY 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or re- 1. Insuring Agreement ceive notice of an "occurrence" or claim, in- a. We will pay those sums that the insured be- cludes any continuation, change or resump- comes legally obligated to pay as damages tion of that "bodily injury" or "property dam- because of "bodily injury" or "property dam- age" after the end of the policy period. age" to which this insurance applies. We will d. "Bodily injury" or "property damage" will be have the right and duty to defend the insured deemed to have been known to have occurred against any "suit" seeking those damages. at the earliest time when any insured listed However, we will have no duty to defend the under Paragraph 1. of Section II - Who Is An insured against any "suit" seeking damages Insured or any "employee" authorized by you for "bodily injury" or "property damage" to to give or receive notice of an "occurrence" or which this insurance does not apply. We may, claim: at our discretion, investigate any "occur- rence" and settle any claim or "suit" that may (1) Reports all, or any part, of the "bodily in- result. But: jury" or "property damage" to us or any other insurer; (1) The amount we will pay for damages is limited as described in Section III - Limits (2) Receives a written or verbal demand or Of Insurance; and claim for damages because of the "bodily (2) Our right and duty to defend ends when injury" or "property damage"; or we have used up the applicable limit of in- (3) Becomes aware by any other means that surance in the payment of judgments or "bodily injury" or "property damage" has settlements under Coverages A or B or occurred or has begun to occur. medical expenses under Coverage C. e. Damages because of "bodily injury" include No other obligation or liability to pay sums or damages claimed by any person or organiza- perform acts or services is covered unless ex- tion for care, loss of services or death result- plicitly provided for under Supplementary Pay- ing at any time from the "bodily injury". ments - Coverages A and B. 2. Exclusions b. This insurance applies to "bodily injury" and This insurance does not apply to: "property damage" only if: (1) The "bodily injury" or "property damage" a. Expected Or Intended Injury is caused by an "occurrence" that takes "Bodily injury" or "property damage" expect- place in the "coverage territory"; ed or intended from the standpoint of the in- (2) The "bodily injury" or "property damage" sured. This exclusion does not apply to "bod- occurs during the policy period; and CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 1 of 14 INSURED COPY--Page 70 ily injury" resulting from the use of reasonable (1) An "employee" of the insured arising out force to protect persons or property. of and in the course of: b. Contractual Liability (a) Employment by the insured; or "Bodily injury" or "property damage" for (b) Performing duties related to the con- which the insured is obligated to pay damages duct of the insured's business; or by reason of the assumption of liability in a contract or agreement. This exclusion does (2) The spouse, child, parent, brother c not apply to liability for damages: ter of that ' employee" as a consequence ce of Paragraph (1) above. (1) That the insured would have in the ab- sence of the contract or agreement; or This exclusion applies: (2) Assumed in a contract or agreement that (1) Whether the insured may be liable as an is an "insured contract", provided the employer or in any other capacity; and "bodily injury" or "property damage" oc- (2) To any obligation to share damages with curs subsequent to the execution of the or repay someone else who must pay contract or agreement. Solely for the pur- damages because of the injury. poses of liability assumed in an "insured contract", reasonable attorney fees and This exclusion does not apply to liability as- necessary litigation expenses incurred by sumed by the insured under an "insured con- or for a party other than an insured are tract". deemed to be damages because of "bodily f. Pollution injury" or "property damage", provided: (1) "Bodily injury" or "property damage" aris- (a) Liability to such party for, or for the ing out of the actual, alleged or threat- cost of, that party's defense has also ened discharge, dispersal, seepage, migra- been assumed in the same "insured tion, release or escape of "pollutants": contract"; and (a) At or from any premises, site or loca- (b) Such attorney fees and litigation ex- tion which is or was at any time ow n- penses are for defense of that party ed or occupied by, or rented or loaned against a civil or alternative dispute to, any insured. However, this sub- resolution proceeding in which dam- paragraph does not apply to: ages to which this insurance applies are alleged. (i) "Bodily injury" if sustained within a building and caused by smoke, c. Liquor Liability fumes, vapor or soot from equip- "Bodily injury" or "property damage" for ment used to heat that building; which any insured may be held liable by rea- (ii) "Bodily injury" or "property dam- son of: age" for which you may be held (1) Causing or contributing to the intoxication liable, if you are a contractor and of any person; the owner or lessee of such prem- ises, site or location has been ad- (2) The furnishing of alcoholic beverages to a ded to your policy as an additional person under the legal drinking age or un- insured with respect to your ongo- der the influence of alcohol; or ing operations performed for that (3) Any statute, ordinance or regulation relat- additional insured at that prem- ing to the sale, gift, distribution or use of ises, site or location and such alcoholic beverages. premises, site or location is not and never was owned or occupied This exclusion applies only if you are in the by, or rented or loaned to, any in- business of manufacturing, distributing, sell- sured, other than that additional ing, serving or furnishing alcoholic-beverages. insured; or d. Workers' Compensation And Similar Laws (iii) "Bodily injury" or "property dam- Any obligation of the insured under a work- age" arising out of heat, smoke or ers' compensation, disability benefits or un- fumes from a "hostile fire"; employment compensation law or any similar (b) At or from any premises, site or loca- law. tion which is or was at any time used e. Employer's Liability by or for any insured or others for the handling, storage, disposal, process- "Bodily injury" to: ing or treatment of waste; CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 2 of 14 INSURED COPY--Page 71 (c) Which are or were at any time trans- tractors or subcontractors working di- ported, handled, stored, treated, dis- rectly or indirectly on any insured's posed of, or processed as waste by or behalf are performing operations if the for: operations are to test for, monitor, (i) Any insured; or clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- (!I) Any person or organization for spond to, or assess the effects of, whom you may be legally respon- "pollutants". sible; or (2) Any loss, cost or expense arising out of (d) At or from any premises, site or loca- any: tion on which any insured or any con- (a) Request, demand, order or statutory tractors or subcontractors working di- or regulatory requirement that any in- rectly or indirectly on any insured's sured or others test for, monitor, behalf are performing operations if the "pollutants" are brought on or to the clean up, remove, contain, treat, de- premises, site or location in connec- toxify or neutralize, or in any way re- tion with such operations by such in- spond . to, or assess the effects of, sured, contractor or subcontractor. pollutants"; or However, this subparagraph does not (b) Claim or suit by or on behalf of a gov- apply to: ernmental authority for damages be- (i) "Bodily injury" or "property dam- cause of testing for, monitoring, age" arising out of the escape of cleaning up, removing, containing, fuels, lubricants or other operating treating, detoxifying or neutralizing, or in any way responding to, or assess- fluids which are needed to per- ing the effects of, "pollutants". form the normal electrical, hydrau- lic or mechanical functions neces- However, this paragraph does not apply sary for the operation of "mobile to liability for damages because of "prop- equipment" or its parts, if such erty damage" that the insured would have fuels, lubricants or other operating in the absence of such request, demand, fluids escape from a vehicle part order or statutory or regulatory require- designed to hold, store or receive ment, or such claim or "suit" by or on be- them. This exception does not ap- half of a governmental authority. ply if the "bodily injury" or "prop- erty damage" arises out of the in- tentional discharge, dispersal or "Bodily injury" or "property damage" arising release of the fuels, lubricants or out of the ownership, maintenance, use or en- other operating fluids, or if such trustment to others of any aircraft, "auto" or fuels, lubricants or other operating watercraft owned or operated by or rented or fluids are brought on or to the loaned to any insured. Use includes operation premises, site or location with the and "loading or unloading". intent that they be discharged, dispersed or released as part of This exclusion applies even if the claims the operations being performed by against any insured allege negligence or other such insured, contractor or sub- wrongdoing in the supervision, hiring, employ- contractor; ment, training or monitoring of others by that insured, if the "occurrence" which caused the (ii) "Bodily injury" or "property dam- "bodily injury" or "property damage" involved age" sustained within a building the ownership, maintenance, use or entrust- and caused by the release of gas- ment to others of any aircraft, "auto" or es, fumes or vapors from materi- watercraft that is owned or operated by or als brought into that building in rented or loaned to any insured. connection with operations being performed by you or on your be- This exclusion does not apply to: half by a contractor or subcontrac- (1) A watercraft while ashore on premises tor; or you own or rent; (III) "Bodily injury" or "property dam- (2) A watercraft you do not own that is: age arising out of heat, smoke or fumes from a "hostile fire". (a) Less than 26 feet long; and (e) At or from any premises, site or loca- (b) Not being used to carry persons or tion on which any insured or any con- property for a charge; CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 3 of 14 INSURED COPY--Page 72 (3) Parking an "auto" on, or on the ways next cause "your work" was incorrectly per to, premises you own or rent, provided formed on it. the "auto" is not owned by or rented or loaned to you or the insured; Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other (4) Liability assumed under any "insured con- than damage by fire) to premises, including tract" for the ownership, maintenance or the contents of such premises, rented to you use of aircraft or watercraft; or for a period of 7 or fewer consecutive days. A 5 "Bodilyinjury" or "property damage" aris- separate limit of insurance applies to Damage ( ) y g To Premises Rented To You as described in ing out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) Section III - Limits Of Insurance. of the definition of "mobile equipment". Paragraph (2) of this exclusion does not apply h. Mobile Equipment if the premises are "your work" and were never occupied, rented or held for rental by "Bodily injury" or "property damage" arising you. out of: Paragraphs (3), (4), (5) and (6) of this exclu- (1) The transportation of "mobile equipment" sion do not apply to liability assumed under a by an "auto" owned or operated by or sidetrack agreement. rented or loaned to any insured; or Paragraph (6) of this exclusion does not apply (2) The use of "mobile equipment" in, or to "property damage" included in the while in practice for, or while being pre- "products-completed operations hazard". pared for, any prearranged racing, speed, k. Damage To Your Product demolition, or stunting activity. I. War "Property damage" to "your product" arising out of it or any part of it. "Bodily injury" or "property damage" due to 1. Damage To Your Work war, whether or not declared, or any act or condition incident to war. War includes civil "Property damage" to "your work" arising out war, insurrection, rebellion or revolution. This of it or any part of it and included in the exclusion applies only to liability assumed un- "products-completed operations hazard". der a contract or agreement. This exclusion does not apply if the damaged j. Damage To Property work or the work out of which the damage "Property damage" to: arises was performed on your behalf by a subcontractor. (1) Property you own, rent, or occupy, in- m. Damage To Impaired Property Or Property Not cluding any costs or expenses incurred by Physically Injured you, or any other person, organization or entity, for repair, replacement, enhance- "Property damage" to "impaired property" or ment, restoration or maintenance of such property that has not been physically injured, property for any reason, including preven- arising out of: tion of injury to a person or damage to an- other's property; (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or (2) Premises you sell, give away or abandon, "your work"; or if the "property damage" arises out of any part of those premises; (2) A delay or failure by you or anyone acting on your behalf to perform a contract or (3) Property loaned to you; agreement in accordance with its terms. (4) Personal property in the care, custody or This exclusion does not apply to the loss of control of the insured; use of other property arising out of sudden (5) That particular part of real property on and accidental physical injury to "your prod- which you or any contractors or subcon- uct" or "your work" after it has been put to its intended use. tractors working directly or indirectly on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired Prop- the "property damage" arises out of those erty operations; or Damages claimed for any loss, cost or ex- (6) That particular part of any property that pense incurred by you or others for the loss must be restored, repaired or replaced be- of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 4 of 14 INSURED COPY--Page 73 (1) "Your product"; a. Knowing Violation Of Rights Of Another (2) "Your work"; or "Personal and advertising injury" caused by or (3) "Impaired property"; at the direction of the insured with the knowl- edge that the act would violate the rights of if such product, work, or property is with- another and would inflict "personal and ad- drawn or recalled from the market or from use vertising injury". by any person or organization because of a b. Material Published With Knowledge Of Falsity known or suspected defect, deficiency, inade- quacy or dangerous condition in it. "Personal and advertising injury" arising out of oral or written publication of material, if o. Personal And Advertising Injury done by or at the direction of the insured with "Bodily injury" arising out of "personal and knowledge of its falsity. advertising injury". c. Material Published Prior To Policy Period Exclusions c. through n. do not apply to damage "Personal and advertising injury" arising out by fire to premises while rented to you or tem- of oral or written publication of material porarily occupied by you with permission of the whose first publication took place before the owner. A separate limit of insurance applies to beginning of the policy period. this coverage as described in Section III - Limits Of Insurance. d. Criminal Acts COVERAGE B PERSONAL AND ADVERTISING IN- "Personal and advertising injury" arising out JURY LIABILITY of a criminal act committed by or at the direc- tion of the insured. 1. Insuring Agreement a. We will pay those sums that the insured be- e. Contractual Liability comes legally obligated to pay as damages "Personal and advertising injury" for which because of "personal and advertising injury" the insured has assumed liability in a contract to which this insurance applies. We will have or agreement. This exclusion does not apply the right and duty to defend the insured to liability for damages that the insured would against any "suit" seeking those damages. have in the absence of the contract or agree- However, we will have no duty to defend the ment. insured against any "suit" seeking damages f. Breach Of Contract for "personal and advertising injury" to which this insurance does not apply. We may, at our "Personal and advertising injury" arising out discretion, investigate any offense and settle of a breach of contract, except an implied any claim or "suit" that may result. But: contract to use another's advertising idea in (1) The amount we will pay for damages is your "advertisement". limited as described in Section III - Limits g. Quality Or Performance Of Goods - Failure To Of Insurance ; and Conform To Statements (2) Our right and duty to defend end when "Personal and advertising injury" arising out we have used up the applicable limit of in- of the failure of goods, products or services surance in the payment of judgments or to conform with any statement of quality or settlements under Coverages A or B or performance made in your "advertisement". medical expenses under Coverage C. h. Wrong Description Of Prices No other obligation or liability to pay sums or perform acts or services is covered unless ex- Personal and advertising injury arising out of the wrong description of the price of plicitly provided for under Supplementary Pay- ments - Coverages A and B. goods, products or services stated in your "advertisement". b. This insurance applies to "personal and adver- tising injury" caused by an offense arising out 1. Infringement Of Copyright, Patent, Trademark of your business but only if the offense was Or Trade Secret committed in the "coverage territory" during "Personal and advertising injury" arising out the policy period. of the infringement of copyright, patent, 2. Exclusions trademark, trade secret or other intellectual property rights. This insurance does not apply to: However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 5 of 14 INSURED COPY--Page 74 j. Insureds In Media And Internet Type Busi- COVERAGE C MEDICAL PAYMENTS nesses 1. Insuring Agreement "Personal and advertising injury" committed by an insured whose business is: a. We will pay medical expenses as described below for "bodily injury" caused by an acci- (1) Advertising, broadcasting, publishing or dent: telecasting; (1) On premises you own or rent; (2) Designing or determining content of web- sites for others; or (2) On ways next to premises you own or rent; or (3) An Internet search, access, content or (3) Because of your operations; service provider. However, this exclusion does not apply to provided that: Paragraphs 14.a., b. and c. of "personal and (1) The accident takes place in the "coverage advertising injury" under the Definitions Sec- territory" and during the policy period; tion. (2) The expenses are incurred and reported to For the purposes of this exclusion, the placing us within one year of the date of the acci- of frames, borders or links, or advertising, for dent; and you or others anywhere on the Internet, is not by itself, considered the business of advertis- (3) The injured person submits to examina- ing, broadcasting, publishing or telecasting. tion, at our expense, by physicians of our choice as often as we reasonably require. k. Electronic Chatrooms Or Bulletin Boards b. We will make these payments regardless of "Personal and advertising injury" arising out fault. These payments will not exceed the of an electronic chatroom or bulletin board the applicable limit of insurance. We will pay rea- insured hosts, owns, or over which the in- sonable expenses for: sured exercises control. (1) First aid administered at the time of an I. Unauthorized Use Of Another's Name Or accident; Product (2) Necessary medical, surgical, x-ray and "Personal and advertising injury" arising out dental services, including prosthetic de- of the unauthorized use of another's name or vices; and product in your e-mail address, domain name or metatag, or any other similar tactics to mis- (3) Necessary ambulance, hospital, profes- lead another's potential customers. sional nursing and funeral services. m. Pollution 2. Exclusions "Personal and advertising injury" arising out We will not pay expenses for "bodily injury": of the actual, alleged or threatened discharge, a. Any Insured dispersal, seepage, migration, release or es- cape of "pollutants" at any time. To any insured, except "volunteer workers". n. Pollution-Related b. Hired Person Any loss, cost or expense arising out of any: To a person hired to do work for or on behalf of any insured or a tenant of any insured. (1) Request, demand or order that any in- sured or others test for, monitor, clean c. Injury On Normally Occupied Premises up, remove, contain, treat, detoxify or To a person injured on that part of premises neutralize, or in any way respond to, or you own or rent that the person normally oc- assess the effects of, "pollutants"; or cupies. (2) Claim or suit by or on behalf of a govern- d. Workers Compensation And Similar Laws mental authority for damages because of testing for, monitoring, cleaning up, re- To a person, whether or not an "employee" of moving, containing, treating, detoxifying any insured, if benefits for the "bodily injury" or neutralizing, or in any way responding are payable or must be provided under a to, or assessing the effects of, "pollut- workers' compensation or disability benefits ants". law or a similar law. CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 6 of 14 INSURED COPY--Page 75 e. Athletics Activities a. The "suit" against the indemnitee seeks dam- To a person injured while taking part in athlet- ages for which the insured has assumed the liability of the indemnitee in a contract or ics. agreement that is an "insured contract"; f. Products-Completed Operations Hazard b. This insurance applies to such liability assum- Included within the "products-completed oper- ed by the insured; ations hazard". c. The obligation to defend, or the cost of the g. Coverage A Exclusions defense of, that indemnitee, has also been as- sumed by the insured in the same "insured as- Excluded under Coverage A. contract"; h. War d. The allegations in the "suit" and the informa- Due to war, whether or not declared, or any tion we know about the "occurrence" are act or condition incident to war. War includes such that no conflict appears to exist between civil war, insurrection, rebellion or revolution. the interests of the insured and the interests of the indemnitee; SUPPLEMENTARY PAYMENTS - COVERAGES A AND B e. The indemnitee and the insured ask us to con- duct and control the defense of that indemni- 1. We will pay, with respect to any claim we investi- tee against such "suit" and agree that we can gate or settle, or any "suit" against an insured we assign the same counsel to defend the insured defend: and the indemnitee; and a. All expenses we incur. f. The indemnitee: b. Up to $250 for cost of bail bonds required be- (1) Agrees in writing to: cause of accidents or traffic law violations arising out of the use of any vehicle to which (a) Cooperate with us in the investigation. the Bodily Injury Liability Coverage applies. settlement or defense of the "suit"; We do not have to furnish these bonds. (b) Immediately send us copies of any de- c. The cost of bonds to release attachments, but mands, notices, summonses or legal only for bond amounts within the applicable papers received in connection with the limit of insurance. We do not have to furnish "suit"; these bonds. (c) Notify any other insurer whose cover- d. All reasonable expenses incurred by the in- age is available to the indemnitee; and sured at our request to assist us in the inves- (d) Cooperate with us with respect to co- tigation or defense of the claim or "suit", in- ordinating other applicable insurance cluding actual loss of earnings up to $250 a available to the indemnitee; and day because of time off from work. e. All costs taxed against the insured in the (2) Provides us with written authorization to: "suit". (a) Obtain records and other information f. Prejudgment interest awarded against the in- related to the "suit"; and sured on that part of the judgment we pay. If (b) Conduct and control the defense of we make an offer to pay the applicable limit the indemnitee in such "suit". of insurance, we will not pay any prejudgment So long as the above conditions are met, attor- interest based on that period of time after the neys' fees incurred by us in the defense of that offer. indemnitee, necessary litigation expenses incurred g. All interest on the full amount of any judg- by us and necessary litigation expenses incurred ment that accrues after entry of the judgment by the indemnitee at our request will be paid as and before we have paid, offered to pay, or Supplementary Payments. Notwithstanding the deposited in court the part of the judgment provisions of Paragraph 2.b.(2) of Section I - Cov- that is within the applicable limit of insurance. erage A - Bodily Injury And Property Damage Li- ability, such payments will not be deemed to be These payments will not reduce the limits of in- damages for "bodily injury" and "property dam- surance. age" and will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an Our obligation to defend an insured's indemnitee indemnitee of the insured is also named as a party and to pay for attorneys' fees and necessary liti- to the "suit", we will defend that indemnitee if all gation expenses as Supplementary Payments of the following conditions are met: ends when: CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 7 of 14 INSURED COPY--Page 76 a. We have used up the applicable limit of insur- (b) To the spouse, child, parent, brother ance in the payment of judgments or settle- or sister of that co-"employee" or ments; or "volunteer worker" as a consequence b. The conditions set forth above, or the terms of Paragraph (1)(a) above; of the agreement described in Paragraph f. (c) For which there is any obligation to above, are no longer met. share damages with or repay someone SECTION II - WHO IS AN INSURED else who must pay damages because of the injury described in Paragraphs 1. If you are designated in the Declarations as: (1)(a) or (b) above; or a. An individual, you and your spouse are in- (d) Arising out of his or her providing or sureds, but only with respect to the conduct failing to provide professional health of a business of which you are the sole own- care services. er. (2) "Property damage" to property: b. A partnership or joint venture, you are an in- (a) Owned, occupied or used by, sured. Your members, your partners, and their spouses are also insureds, but only with re- (b) Rented to, in the care, custody or spect to the conduct of your business. control of, or over which physical con- c. A limited liability company, you are an in- trol is being exercised for any purpose sured. Your members are also insureds, but by only with respect to the conduct of your busi- you, any of your "employees", "volunteer ness. Your managers are insureds, but only workers", any partner or member (if you with respect to their duties as your managers. are a partnership or joint venture), or any d. An organization other than a partnership, joint member (if you are a limited liability com- venture or limited liability company, you are pany). an insured. Your "executive officers" and di- b. Any person (other than your "employee" or rectors are insureds, but only with respect to "volunteer worker"), or any organization while their duties as your officers or directors. Your acting as your real estate manager. stockholders are also insureds, but only with respect to their liability as stockholders. c. Any person or organization having proper temporary custody of your property if you die. e. A trust, you are an insured. Your trustees are but only: also insureds, but only with respect to their (1) With respect to liability arising out of the duties as trustees. maintenance or use of that property; and 2. Each of the following is also an insured: (2) Until your legal representative has been a. Your "volunteer workers" only while perform- appointed. ing duties related to the conduct of your busi- ness, or your "employees", other than either d. Your legal representative if you die, but only your "executive officers" (if you are an organ- with respect to duties as such. That represen- tativeization other than a partnership, joint venture will have all your rights and duties un- or limited liability company) or your managers der this Coverage Part. (if you are a limited liability company), but 3. With respect to "mobile equipment" registered in only for acts within the scope of their employ- your name under any motor vehicle registration ment by you or while performing duties re- law, any person is an insured while driving such lated to the conduct of your business. How- equipment along a public highway with your per- ever, none of these "employees" or "volun- mission. Any other person or organization respon- teer workers" are insureds for: sible for the conduct of such person is also an in- (1) "Bodily injury" or "personal and advertis- sured, but only with respect to liability arising out of the operation of the equipment, and only if no ing injury": other insurance of any kind is available to that (a) To you, to your partners or members person or organization for this liability. However, (if you are a partnership or joint ven- no person or organization is an insured with re- ture), to your members (if you are a spect to: limited liability company), to a co- "employee" while in the course of his a. "Bodily injury" to a co-"employee" of the per- or her employment or performing du- son driving the equipment; or ties related to the conduct of your b. "Property damage" to property owned by, business, or to your other "volunteer rented to, in the charge of or occupied by you workers" while performing duties re- or the employer of any person who is an in- lated to the conduct of your business; sured under this provision. CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 8 of 14 INSURED COPY--Page 77 4. Any organization you newly acquire or form, oth- because of all "bodily injury" and "property dam- er than a partnership, joint venture or limited lia- age" arising out of any one "occurrence". bility company, and over which you maintain ownership or majority interest, will qualify as a 6. Subject to 5. above, the Damage To Premises Named Insured if there is no other 'similar insuy- Rented To You Limit is the most we will pay un- ance available to that organization. However: der Coverage A for damages because of "property damage" to any one premises, while rented to a. Coverage under this provision is afforded only you, or in the case of damage by fire, while rent- until the 90th day after you acquire or form ed to you or temporarily occupied by you with the organization or the end of the policy peri- permission of the owner. od, whichever is earlier; 7. Subject to 5. above, the Medical Expense Limit is b. Coverage A does not apply to "bodily injury" the most we will pay under Coverage C for all or "property damage" that occurred before medical expenses because of "bodily injury" sus- you acquired or formed the organization; and tained by any one person. c. Coverage B does not apply to "personal and The Limits of Insurance of this Coverage Part apply advertising injury" arising out of an offense separately to each consecutive annual period and to committed before you acquired or formed the any remaining period of less than 12 months, starting organization. with the beginning of the policy period shown in the No person or organization is an insured with respect Declarations, unless the policy period is extended af- to the conduct of any current or past partnership, ter issuance for an additional period of less than 12 joint venture or limited liability company that is not months. In that case, the additional period will be shown as a Named Insured in the Declarations. deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION III - LIMITS OF INSURANCE SECTION IV - COMMERCIAL GENERAL LIABILITY 1. The Limits of Insurance shown in the Declarations CONDITIONS and the rules below fix the most we will pay re- 1. Bankruptcy gardless of the number of: Bankruptcy or insolvency of the insured or of the a. Insureds; insured's estate will not relieve us of our obliga- b. Claims made or "suits" brought; or tions under this Coverage Part. c. Persons or organizations- making claims or 2. Duties In The Event Of Occurrence, Offense, bringing "suits". Claim Or Suit 2. The General Aggregate Limit is the most we will a. You must see to it that we are notified as pay for the sum of: soon as practicable of an "occurrence" or an offense which may result in a claim. To the a. Medical expenses under Coverage C; extent possible, notice should include: b. Damages under Coverage A, except damages (1) How, when and where the "occurrence" because of "bodily injury" or "property dam- or offense took place; age" included in the "products-completed op- erations hazard"; and (2) The names and addresses of any injured c. Damages under Coverage B. persons and witnesses; and (3) The nature and location of any injury or 3. The Products-Completed Operations Aggregate damage arising out of the "occurrence" or Limit is the most we will pay under Coverage A offense. for damages because of "bodily injury" and "prop- erty damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured, you must: 4. Subject to 2. above, the Personal and Advertising (1) Immediately record the specifics of the Injury Limit is the most we will pay under Cover- claim or "suit" and the date received; and age B for the sum of all damages because of all "personal and advertising injury" sustained by any (2) Notify us as soon as practicable. one person or.organization. You must see to it that we receive written no- 5. Subject to 2. or 3. above, whichever applies, the tice of the claim or "suit" as soon as practic- Each Occurrence Limit is the most we will pay for able. the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) Immediately send us copies of any de- b. Medical expenses under Coverage C mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 9 of 14 INSURED COPY--Page 78 (2) Authorize us to obtain records and other (b) That is Fire insurance for premises information; rented to you or temporarily occupied (3) Cooperate with us in the investigation or by you with permission of the owner; settlement of the claim or defense against (c) That is insurance purchased by you to the "suit"; and cover your liability as a tenant for (4) Assist us, upon our request, in the en- "property damage" to premises rented forcement of any right against any person to you or temporarily occupied by you or organization which may be liable to the with permission of the owner; or insured because of injury or damage to (d) If the loss arises out of the main- which this insurance may also apply. tenance or use of aircraft, "autos" or d. No insured will, except at that insured's own watercraft to the extent not subject to cost, voluntarily make a payment, assume any Exclusion g. of Section I - Coverage A obligation, or incur any expense, other than - Bodily Injury And Property Damage for first aid, without our consent. Liability. 3. Legal Action Against Us (2) Any other primary insurance available to you covering liability for damages arising No person or organization has a right under this out of the premises or operations for Coverage Part: which you have been added as an addi- tional insured by attachment of an en- a. To join us as a party or otherwise bring us in- dorsement. to a "suit" asking for damages from an in- sured; or When this insurance is excess, we will have no duty under Coverages A or B to defend the b. To sue us on this Coverage Part unless all of insured against any "suit" if any other insurer its terms have been fully complied with. has a duty to defend the insured against that A person or organization may sue us to recover "suit". If no other insurer defends, we will un- on an agreed settlement or on a final judgment dertake to do so, but we will be entitled to against an insured; but we will not be liable for the insured's rights against all those other in- damages that are not payable under the terms of surers. this Coverage Part or that are in excess of the ap- When this insurance is excess over other in- plicable limit of insurance. An agreed settlement surance, we will pay only our share of the means a settlement and release of liability signed amount of the loss, if any, that exceeds the by us, the insured and the claimant or the claim- sum of: ant's legal representative. (1) The total amount that all such other insur- 4. Other Insurance ance would pay for the loss in the ab- If other valid and collectible insurance is available sence of this insurance; and to the insured for a loss we cover under Cover- (2) The total of all deductible and self-insured ages A or B of this Coverage Part, our obligations amounts under all that other insurance. are limited as follows: a. Primary Insurance We will share the remaining loss, if any, with any other insurance that is not described in This insurance is primary except when b. be- this Excess Insurance provision and was not low applies. If this insurance is primary, our bought specifically to apply in excess of the obligations are not affected unless any of the Limits of Insurance shown in the Declarations other insurance is also primary. Then, we will of this Coverage Part. share with all that other insurance by the c. Method Of Sharing method described in c. below. If all of the other insurance permits contribu- b. Excess Insurance tion by equal shares, we will follow this meth- This insurance is excess over: od also. Under this approach each insurer contributes equal amounts until it has paid its (1) Any of the other insurance, whether pri- applicable limit of insurance or none of the mary, excess, contingent or on any other loss remains, whichever comes first. basis: If any of the other insurance does not permit (a) That is Fire, Extended Coverage, contribution by equal shares, we will con- Builder's Risk, Installation Risk or simi- tribute by limits. Under this method, each in- lar coverage for "your work"; surer's share is based on the ratio of its appli- cable limit of insurance to the total applicable limits of insurance of all insurers. CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 10 of 14 INSURED COPY--Page 79 5. Premium Audit SECTION V - DEFINITIONS a. We will compute all premiums for this Cover- 1. "Advertisement" means a notice that is broadcast age Part in accordance with our rules and or published to the general public or specific mar- rates. ket segments about your goods, products or Ser- b. Premium shown in this Coverage Part as ad- vices for the purpose of attracting customers or vance premium is a deposit premium only. At supporters. For the purposes of this definition: the close of each audit period we will com- a. Notices that are published include material pute the earned premium for that period and placed on the Internet or on similar electronic send notice to the first Named Insured. The means of communication; and due date for audit and retrospective premiums is the date shown as the due date on the bill. b. Regarding web-sites, only that part of a web- If the sum of the advance and audit premiums site that is about your goods, products or ser- paid for the policy period is greater than the vices for the purposes of attracting customers or supporters is considered an advertisement. earned premium, we will return the excess to the first Named Insured. 2. "Auto" means a land motor vehicle, trailer or c. The first Named Insured must keep records of semitrailer designed for travel on public roads, in- the information we need for premium compu- cluding any attached machinery or equipment. But t "auto" does not include "mobile equipment". ation, and send us copies at such times as we may request. 3. "Bodily injury" means bodily injury, sickness or 6. Representations disease sustained by a person, including death re- sulting from any of these at any time. By accepting this policy, you agree: 4. "Coverage territory" means: a. The statements in the Declarations are accu- a. The United States of America (including its rate and complete; territories and possessions), Puerto Rico and b. Those statements are based upon representa- Canada; tions you made to us; and b. International waters or airspace, but only if c. We have issued this policy in reliance upon the injury or damage occurs in the course of your representations. travel orf transportation between any places 7. Separation Of Insureds included in a. above; or Except with respect to the Limits of Insurance, c• All other parts of the world if the injury or and any rights or duties specifically assigned in damage arises out of: this Coverage Part to the first Named Insured, (1) Goods or products made or sold by you in this insurance applies: the territory described in a. above; a. As if each Named Insured were the only (2) The activities of a person whose home is Named Insured; and in the territory described in a. above, but b. Separately to each insured against whom is away for a short time on your business; or claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others (3) "Personal and advertising injury" offenses To Us that take place through the Internet or similar electronic means of communication If the insured has rights to recover all or part of provided the insured's responsibility to pay any payment we have made under this Coverage damages is determined in a "suit" on the mer- Part, those rights are transferred to us. The in- its, in the territory described in a. above or in sured must do nothing after loss to impair them. a settlement we agree to. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce 5. "Employee" includes a "leased worker". "Em- them. ployee" does not include a "temporary worker". 9. When We Do Not Renew 6. "Executive officer" means a person holding any of If we decide not to renew this Coverage Part, we the officer positions created by your charter, will mail or deliver to the first Named Insured constitution, by-laws or any other similar govern- shown in the Declarations written notice of the ing document. nonrenewal not less than 30 days before the ex- 7. "Hostile fire" means one which becomes uncon- piration date. trollable or breaks out from where it was intended If notice is mailed, proof of mailing will be suffi- to be. cient proof of notice. CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 11 of 14 INSURED COPY--Page 80 8. "Impaired property" means tangible property, oth- ings, opinions, reports, surveys, field er than "your product" or "your work", that can- orders, change orders or drawings and not be used or is less useful because: specifications; or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, de- failing to give them, if that is the pri- ficient, inadequate or dangerous; or mary cause of the injury or damage; b. You have failed to fulfill the terms of a con- or tract or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by: engineer or surveyor, assumes liability for an injury or damage arising out of the in- a. The repair, replacement, adjustment or remov- sured's rendering or failure to render pro- al of "your product" or "your work"; or fessional services, including those listed in b. Your fulfilling the terms of the contract or (2) above and supervisory, inspection, ar- agreement. chitectural or engineering activities. 10. "Leased worker" means a person leased to you 9. "Insured contract" means: by a labor leasing firm under an agreement be- a. A contract for a lease of premises. However, tween you and the labor leasing firm, to perform that portion of the contract for a lease of duties related to the conduct of your business. premises that indemnifies any person or or- "Leased worker" does not include a "temporary ganization for damage by fire to premises worker". while rented to you or temporarily occupied 11. "Loading or unloading" means the handling of by you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an air- c. Any easement or license agreement, except in craft, watercraft or "auto"; connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; 'auto"; or d. An obligation, as required by ordinance, to in- c. While it is being moved from an aircraft, demnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an in- device, other than a hand truck, that is not at- demnification of a municipality in connection tached to the aircraft, watercraft or "auto". with work performed for a municipality) under 12. "Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached ma- party to pay for "bodily injury" or "property chinery or equipment: damage" to a third person or organization. Tort liability means a liability that would be a. Bulldozers, farm machinery, forklifts and other imposed by law in the absence of any con- vehicles designed for use principally off public tract or agreement. roads; Paragraph f. does not include that part of any b. Vehicles maintained for use solely on or next contract or agreement: to premises you own or rent; (1) That indemnifies a railroad for "bodily in- c. Vehicles that travel on crawler treads; jury" or "property damage" arising out of d. Vehicles, whether self-propelled or not, main- construction or demolition operations, tained primarily to provide mobility to perma- w ithin 50 feet of any railroad property and affecting any railroad bridge or trestle, nently mounted: tracks, road-beds, tunnel, underpass or (1) Power cranes, shovels, loaders, diggers or crossing; drills; or (2) That indemnifies an architect, engineer or (2) Road construction or resurfacing equip- surveyor for injury or damage arising out ment such as graders, scrapers or rollers; of: e. Vehicles not described in a., b., c. or d. above (a) Preparing, approving, or failing to pre- that are not self-propelled and are maintained pare or approve, maps, shop draw- primarily to provide mobility to permanently attached equipment of the following types: CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 12 of 14 LNSURED COPY--Page 81 (1) Air compressors, pumps and generators, vapor, soot, fumes, acids, alkalis, chemicals and including spraying, welding, building waste. Waste includes materials to be recycled, cleaning, geophysical exploration, lighting reconditioned or reclaimed. and well servicing equipment; or 16. "Products-completed operations hazard": (2) Cherry pickers and similar devices used to raise or lower workers; a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own f. Vehicles not described in a., b., c. or d. above or rent and arising out of "your product" or maintained primarily for purposes other than ,your work" except: the transportation of persons or cargo. (1) Products that are still in your physical However, self-propelled vehicles with the fol- possession; or lowing types of permanently attached equip- ment are not "mobile equipment" but will be (2) Work that has not yet been completed or be considered "autos": deemed completed eat he earliest ofllthe (1) Equipment designed primarily for: following times: (a) Snow removal; (a) When all of the work called for in your (b) Road maintenance, but not construc- contract has been completed. tion or resurfacing; or (b) When all of the work to be done at (c) Street cleaning; the job site has been completed if your contract calls for work at more (2) Cherry pickers and similar devices mount- than one job site. ed on automobile or truck chassis and used to raise or lower workers; and (c) When that part of the work done at a job site has been put to its intended (3) Air compressors, pumps and generators, use by any person or organization oth- including spraying, welding, building er than another contractor or subcon- cleaning, geophysical exploration, lighting tractor working on the same project. and well servicing equipment. Work that may need service, mainten- 13. "Occurrence" means an accident, including con- ance, correction, repair or replacement, tinuous or repeated exposure to substantially the but which is otherwise complete, will be same general harmful conditions. treated as completed. 14. "Personal and advertising injury" means injury, in- b. Does not include "bodily injury" or "property cluding consequential "bodily injury", arising out damage" arising out of: of one or more of the following offenses: (1) The transportation of property, unless the a. False arrest, detention or imprisonment; injury or damage arises out of a condition in or on a vehicle not owned or operated b. Malicious prosecution; by you, and that condition was created by c. The wrongful eviction from, wrongful entry the "loading or unloading" of that vehicle into, or invasion of the right of private occu- by any insured; pancy of a room, dwelling or premises that a (2) The existence of tools, uninstalled equip- person occupies, committed by or on behalf ment or abandoned or unused materials: of its owner, landlord or lessor; or d. Oral or written publication, in any manner, of (3) Products or operations for which the material that slanders or libels a person or or- classification, listed in the Declarations or ganization or disparages a person's or organ- in a policy schedule, states that products- ization's goods, products or services; completed operations are subject to the e. Oral or written publication, in any manner, of General Aggregate Limit. material that violates a person's right of pri- 17. "Property damage" means: vacy; a. Physical injury to tangible property, including f. The use of another's advertising idea in your all resulting loss of use of that property. All "advertisement"; or such loss of use shall be deemed to occur at g. Infringing upon another's copyright, trade the time of the physical injury that caused it; dress or slogan in your "advertisement". or 15. "Pollutants" mean any solid, liquid, gaseous or b. Loss of use of tangible property that is not thermal irritant or contaminant, including smoke, physically injured. All such loss of use shall CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 13 of 14 INSURED COPY--Page 82 be deemed to occur at the time of the "occur- (1) Any goods or products, other than real rence" that caused it. property, manufactured, sold, handled, For the purposes of this insurance, electronic data distributed or disposed of by: is not tangible property. (a) You; As used in this definition, electronic data means (b) Others trading under your name; or information, facts or programs stored as or on, created or used on, or transmitted to or from (c) A person or organization whose busi- computer software, including systems and appli- cations software, hard or floppy disks, CD-ROMS, (2) Containers (other than vehicles), mater- tapes, drives, cells, data processing devices or ials, parts or equipment furnished in con- any other media which are used with electron- nection with such goods or products. ically controlled equipment. b. Includes 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or (1) Warranties or representations made at any "personal and advertising injury" to which this in- time with respect to the fitness, quality, surance applies are alleged. "Suit" includes: durability, performance or use of "your product"; and a. An arbitration proceeding in which such dam- ages are claimed and to which the insured (2) The providing of or failure to provide must submit or does submit with our consent; warnings or instructions. or c. Does not include vending machines or other b. Any other alternative dispute resolution pro- property rented to or located for the use of ceeding in which such damages are claimed others but not sold. and to which the insured submits with our 22. "Your work": consent. a. Means: 19. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- (1) Work or operations performed by you or ployee" on leave or to meet seasonal or short- on your behalf; and term workload conditions. (2) Materials, parts or equipment furnished in 20. "Volunteer worker" means a person who is not connection with such work or operations. your "employee", and who donates his or her b. Includes work and acts at the direction of and within the scope of duties determined by you, and is not (1) Warranties or representations made at any paid a fee, salary or other compensation by you time with respect to the fitness, quality, or anyone else for their work performed for you. durability, performance or use of "your work", and 21. "Your product": (2) The providing of or failure to provide a. M eans: warnings or instructions. CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 14 of 14 INSURED COPY--Page 83 COMMERCIAL GENERAL LIABILITY CG 00 69 12 23 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. EXCLUSION - VIOLATION OF LAW ADDRESSING DATA PRIVACY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 2. Exclusions B. The following is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And of Section I — Coverage B — Personal And Property Damage Liability: Advertising Injury Liability: This insurance does not apply to: This insurance does not apply to: Violation Of Law Addressing Data Privacy Violation Of Law Addressing Data Privacy "Bodily injury" or "property damage" arising "Personal and advertising injury"arising directly directly or indirectly out of any action or or indirectly out of any action or omission that omission that violates or is alleged to violate: violates or is alleged to violate: a. Any federal,state or local statute,ordinance, a. Any federal,state or local statute,ordinance, regulation or other law that addresses, regulation or other law that addresses, prohibits, or limits access to, use of or the prohibits, or limits access to, use of or the printing, dissemination, disposal, obtaining, printing, dissemination, disposal, obtaining, collecting, storing, safeguarding, recording, collecting, storing, safeguarding, recording, retention, sending, transmitting, retention, sending, transmitting, communicating, selling or distribution of any communicating, selling or distribution of any person's or organization's confidential or person's or organization's confidential or personal material or information, including personal material or information, including financial,health,biometric or other nonpublic financial, health,biometric or other nonpublic material or information. material or information. Any such federal, state or local statute, Any such federal, state or local statute, ordinance, regulation or other law includes ordinance, regulation or other law includes but is not limited to: but is not limited to: (1) The Illinois Biometric Information Privacy (1) The Illinois Biometric Information Privacy Act (BIPA), including any amendment of Act(BIPA), including any amendment of or addition to such law; or or addition to such law;or (2) The California Consumer Privacy Act (2) The California Consumer Privacy Act (CCPA), including any amendment of or (CCPA), including any amendment of or addition to such law; or addition to such law; or b. Any law of a jurisdiction other than the b. Any law of a jurisdiction other than the United States of America (including its United States of America (including its territories and possessions) or Puerto Rico territories and possessions) or Puerto Rico that is similar to any statute, ordinance, that is similar to any statute, ordinance, regulation or other law described in regulation or other law described in Paragraph a.above,including but not limited Paragraph a.above,including but not limited to the European Union's General Data to the European Union's General Data Protection Regulation. Protection Regulation. CG 00 69 12 23 ©Insurance Services Office, Inc., 2022 Page 1 of 1 INSURED COPY--Page 84 COMMERCIAL GENERAL LIABILITY CG 21 06 12 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL MATERIAL OR INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 2. Exclusions B. The following is added to Paragraph 2.Exclusions of Section I — Coverage A — Bodily Injury And of Section I — Coverage B — Personal And Property Damage Liability: Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Access Or Disclosure Of Confidential Or Access Or Disclosure Of Confidential Or Personal Material Or Information Personal Material Or Information "Bodily injury" or"property damage" arising out "Personal and advertising injury" arising out of of any access to or disclosure of any person's or any access to or disclosure of any person's or organization's confidential or personal material organization's confidential or personal material or information, including: or information,including: a. Patents, trade secrets, processing methods, a. Patents, trade secrets,processing methods, customer lists; customer lists; b. Financial information, credit card b. Financial information, credit card information; information; c. Health information, biometric information; or c. Health information, biometric information; or d. Any other type of nonpublic material or d. Any other type of nonpublic material or information. information. This exclusion applies even if damages are This exclusion applies even if damages are claimed for notification costs, credit or identity claimed for notification costs, credit or identity monitoring expenses,forensic expenses, public monitoring expenses,forensic expenses, public relations expenses, data restoration expenses, relations expenses, data restoration expenses, extortion expenses or any other loss, cost or extortion expenses or any other loss, cost or expense incurred by you or others arising out of expense incurred by you or others arising out of any access to or disclosure of any person's or any access to or disclosure of any person's or organization's confidential or personal material organization's confidential or personal material or information. or information. CG 21 06 12 23 ©Insurance Services Office, Inc., 2022 Page 1 of 1 INSURED COPY--Page 85 COMMERCIAL GENERAL LIABILITY CG 2136 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -NEW ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4.of WHO IS AN INSURED(Section II)does not apply. CG 21 36 0196 cCopyright, Insurance Services Office, Inc., 1994 Page 1 of 1 ENSURED COPY--Page 86 NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMMERCIAL CODE FILING RECEIPT ENTITY NAME : NORTH FORK CONTRACTING&EXCAVATION L.L.C. DOCUMENT TYPE : BIENNIAL STATEMENT ENTITY TYPE : DOMESTIC LIMITED LIABILITY COMPANY DOS ID : 6474932 •:��,`� 00•• FILE DATE : 08/19/2024 FILE NUMBER: 240819000310 • TRANSACTION NUMBER: 202408190000322-3564144 EXISTENCE DATE : �W DURATION/DISSOLUTION: PERPETUAL FCE_o �, •• COUNTY: SUFFOLK 0001 ••• E1v'T O •. SERVICE OF PROCESS ADDRESS : THE LIMITED LIABILITY COMPANY 340 COLONIAL RD, 1779, SOUTHOLD,NY, 11971,USA ELECTRONIC SERVICE OF PROCESS EMAIL ADDRESS : N/A REGISTERED AGENT: UNITED STATES CORPORATION AGENTS,INC. 7014 13TH AVENUE, SUITE 202 BROOKLYN,NY, 11228,USA FILER: BRADLEY MELLAS 340 COLONIAL ROAD, 1779, SOUTHOLD,NY, 11971,USA You may verify this document online at: http://ecorn.dos.ny.jzov AUTHENTICATION NUMBER: 100006437133 TOTAL FEES: $9.00 TOTAL PAYMENTS RECEIVED: $9.00 FILING FEE: $9.00 CASH: $0.00 CERTIFICATE OF STATUS: $0.00 CHECK/MONEY ORDER: $0.00 CERTIFIED COPY: $0.00 CREDIT CARD: $9.00 COPY REQUEST: $0.00 DRAWDOWN ACCOUNT: $0.00 EXPEDITED HANDLING: $0.00 REFUND DUE: $0.00