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Home My WebLink AboutSundiver International - 2025-04-23 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SUNDIVER INTERNATIONAL FOR CATALINA ISLAND DAY TRIPS FOR JUNIOR LIFEGUARDS THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter called"City,"and Sundiver International, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of boat transportation to Catalina Island. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Kyaa Heller, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 25-16296/375316 1 • 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Fifty Thousand Dollars ($50,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 4/23/25, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate three (3)years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs,reports, both field and office notices, calculations, computer code, language, date or programs, maps,memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. . 25-16296/375316 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 25-16296/375316 3 the aggregate limit must be no less than One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however,ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 25-16296/375316 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest - Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 25-16296/375316 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices. Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt-requested: To City: Contractor: • City of Huntington Beach Sundiver International Attn: Fire Chief Attn: Kyaa Heller 2000 Main Street 1823 North Marina Drive Huntington Beach, CA 92648 Long Beach, CA 90803 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 25-16296/375316 6 21. Section Headings The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 25-16296/375316 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed,religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation,performance, and enforcement of any of (the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State, of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25-16296/375316 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25-16296/375316 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a SUNDIVER INTERNATIONAL municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ X14:4144t6 Vice President " City Clerk Lefta� ,x AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial v Officer/Asst. Secretary-Treasurer Fire Chief APPROVED AS TO FORM: City Attorney 9,t_ REVIEWED AND APPROVED: City Manager COUNTERPART 25-16296/375316 10 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH,a SUNDIVER INTERNATIONAL. municipal corporation of the State of California • Mayor Print name ITS: (circle one)Chaimta '' sidcn Vice President City Clerk AND KY: (10/ INITIATED AND APPROVE): Print mime ITS: (circle or /Chief Financial Officer( , t. Secretary-Treasi Fire Chief APPROVED AS TO FORM: City Attorney 9_ REVIEWED AND APPROVED: City Manager COUNTERPART 25-16296/375316 1,0 35. Effective Date IN WITNESS WHEREOF.the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH.a SUNDIVER INTERNATIONAL, municipal corporation of the State of California _ Mayor 4-124/ Print name ITS: (circle one)Chairm&Presidenti Vice President City Clerk AND By: �� _ INITIATED AND APPROVED: Prin name ITS: (circle one • r fChi cial Officer • t. Secretary-Treasurer Fire Chief APPROVED AS TO FORM: City Attorney 9, & REVIEWED AND APPROVED: City Manager COUNTERPART 25•162961375316 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide transportation to Catalina Island for Junior Lifeguards B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: • Transport a maximum of 40 persons per boat to and from Catalina Island out of Los Alamitos Bay • Provide snacks,beverages and lunch. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16296/375316 11 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. One Boat $3,750 per day 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen(15)minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 25-16296/375316 12 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 25-16296/375316 13 C 1VIMf1t { i L Arms tNs<JMI Ni.' ._' • i;Y' Fi. 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IDr :sue Y ,Po F.>N ° M ia° • e' F i t 20oo Main Street, Huntington.Beach• , C ►. 9 4 i , tiara .ton . ni . rpr 'Ra4 -v y . • Te' St be{of Ca`ti�iat t quires eery enterprise or b•usiness to provider-work r !: + pert atioii is rarrae coverage'. If you ;liave ecrmployee , you ma} tyke 1 J > d! 4 _to that ct byr cx rn teting and si;gni gt`ffii f•ormi and return g 10. k E, (rimy, H tip n e M �"t 2a'j ,y •"3.�IwY s� 4 - �RFTr •• - , li i' + E , , a -1 n in tan ea h: �A - • ' z t 'ir € that in the perft rmance of the activity or work i,or� hic r this. permit is ' x: •i , , � Vd,E1 3halt, not eifrtRldy,any person;irr any:man rter•,s,Q as ta..;l,, c971e subJect.tcf ' Ca i,r is t Worker Compensation Insurance requirements. _: r I`he "Cit�f rSI fia�� of�'h�un fngtocz� 8 ch ter t c�€t�tet� and retrc��ct�AlY } a t. n 'lke' 'Tice nse car •permit issued under this .Edeclaration if t hire any. 4- etc ytec .or become.subject to the pruvisiot .of.the laws,requi'.nng ortaers . I t pany tune.. C - ,`' t r:,icy•". ,. ��; 4 •' . '�i. -''t1- di.ess: Yt Fr.' x k• -_,ek -r, • ` o "f,. �p 4* ".1 4 {g 0, 8 xj.,. .� jar'pY .;�. a :. , , x s t i . % t Via. r r j ,,, is RCA' L �. '3,, t L' 2. 6 fr a %. ALi I l' w'' Z Y z � � « w i 1rz �, - • vAe . a„a- T . ;r-,,,4.1•,. . ,'LI ` it -r . a. ,. fir` ,, E s .�: f' .- $•;:` � _ ' ;-..ii-l'-'',‘.... '':.-....-..'-..:''-'..-..;;;;;S:!...1).-.L.; ':'.-..,:..-:::"±---•-•';:;,:.:0'..-'....:•:...:.'.',-0L;I:.-.....-..„--,-:',-.',.---:-..:,..;-,„2....-.,:-...--:.:0'..'',.,-.1:i':,' '-.' .. - . ' .- -..-,-;:.-;-.- - - - - --- .-,-;-. -,- .-:- .- . ., . ', . -..-,i i• , ....„. .,. '..; 1. 0 . .. t ..,;.c • COMMERCIAL GESERALLIABILITYJNSURANCE i., !II 1 , 1 ,.., i li ... . 1**4.20 BY! „ „t bAkRi*RiltOlitia EIA.ratirs4 Inc a. I,. ,. l• •,, • 4 ' >, .. 1. . ....... „ , ''',. ,,. 't..-71... ' ...... • ... , _ t;:, . ETErrrfOtf:GROUP' 4, ''R ' '' ., ,I. i.-„. :II it. .,K. ..,, ! 1 , • , .i- .i.,1,1:: : ,3 1.•,!, : g , i! 1 ',• ,,,11 , 1 . .1,,,,, ; 9 1 1 , f, 4,U0liet- . . . . ..... .. .. _.,. ,4,4';'t.,A,4'..74,...:.^.,.'Vr'.:'.:...t,7,1..t'Z'e'1. ,. • COMMERCIAL GENERAL LIABILITY INSURANCE • • MANDATORY FORMS AND ENDORSEMENTS SCHEDULE the faflowl ng forms and endorsements apply • to all pollees of Insurance. EXCLUSION-ADDITIONAL EXCLUSIONS 41 • EXCLUSION-BIOLOGICAL OR CHEMICAL MATERIALS 42 EXCLUSION-EXPOSURE TO SANCTIONS 43 . EXCLUSION-FIREARMS,PIREWORIkS AND OTHER PYROTECHNIC DEVICES AN D EXPLOSIVES 44 EXCLUSION-NUCLEAR INCIDENT UABIUTY 45 • EXCLUSION-RADIOACTIVE CONTAMINATION 47 EXCLUSION-RADIOACTIVE CONTAMINATION AND EXPLOSIVE NUCLEAR ASSEMBLIES 48 • EXCLUSION-SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION 49 EXCLUSION-CYBER INCIDENTS SO • • EXCLUSION-COMMUNICABLE DISEASE 51 • • U.S.TERRORISM RISK INSURANCE ACT OP 2002AS AMENDED 52 U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL("OFAC')NOTICE TO POLICYHOLDER 53 Pop of tat 61-116 May 1,1024 revised Mat 72,20.23 • • COMMERCIAL GENERAL LIABILITY INSURANCE OPTIONAL FORMS AND ENDORSEMENTS SCHEDULE The following farms and endorsements will only apply if an additional premium has been paid and the farm or endorsement has been attached to an Individual certificate of insurance. DESIGNATED LOCATIONS ENDORSEMENT 54 • LAKES AND QUARRIES ENDORSEMENT 55 • TOUR AND TRAVEL AGENT UABIUPi ENDORSEMENT 56 SCHEDULED WATERCRAFT UABIUTY ENDORSEMENT 61 • • WATERCRAFT SCHEDULE 62 Osse ai 4# 61-I10 May 1,2021,rc.tsed.une 77,102A • • DAN RISK RETENTION GROUP, INC. NAIC No,1S929-SC Company Cade:20764C (The'Underwriter") COMMERCIAL GENERAL LIABILITY • • • This policy Is issued by your Risk Retention Group. Your Risk Retention Group may not be subject to on of the insurance lows and regulations of your state.State insurance Insolvency guaranty funds are not available for your Risk Retention Group. • NOTICE.: THIS IS AN OCCURRENCE INSURANCE POLICY.AS SET FORTH BELOW, COVERAGE UNDER TNlS .. INSURANCE APPLIES ONLY TO OCCURRENCES WHICH TAKE PLACE DURING THE POLICY PERIOD.NOTICE • • • OF AN OCCURRENCE MUST BE GIVEN IMMEDIATELY.PLEASE REVIEW THE WORDING OF THIS POLICY • CAREFULLY, Various provisions in this policy restrict covermge. head the entire policy carefully to determine rights, duties and what is and is'not covered. Throughout this policy the words"you"and"your"refer to the Named Insured shown in the Declarations. _ and any other person or organization qualifying as a Named Insured under this policy.The words"we", "us"and"our"refer to DAN Risk Retention Group,Inc.,the company providing this insurance. • • the word"Insured" means any person or organization qualifying as such under Section ii-Who Is An Insured.Other words and phrases that appear in quotation marks orbold type have special meaning.Refer to Section V-Definitions. In consideration of the payment of the premium and in reliance upon the statements in the NAMED INSURED's application, which is made part of this policy and subject to the Insuring agreements, Declarations Page,coverages,definitions,conditions,limitations,warranties,exclusions,and authorized endorsements to this policy,the NAMED INSURED aid the Underwriter agree as follows: • SECTION I • COVERAGES • CGVERAGE A • BODILY INJURY AND PROPERTY DAMAGE UARIUT e • 1. Insuring Agreement • a. We will pay those sums that the insured becomes regally obligated to pay as damages because of • Bodily Injury or Property damage to which this Insurance applies.We will have the right and duty to defend the Insured.against any Suit seeking those damages.However,we will have no duty to defend the lnsured against any Suit:seeking damages for Bodily injury or Property Damage to • • which this insurance does not apply.We may;at our discretion,investigate any Occurrence and • settle any claim or Suit that may result;But: • • Pavlof id tit-111 May 1,2W$,wined Aide 20.23 • I. The amount we pay for damages is limited as descnbe in Section III-Limits Of insurance;and • • li. Our right and duty to defend ends when we have used up the applicable limit of insurance In the payment of judgments or settlements under Coverage 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 A and B. • b. This Insurance applies to Bodily Injury and Property Damage only it I. The Bodily injury or Property Damage Is caused by an Occurrence that takes place in the •CoverageTerritory;and • ii. The Bodily injury or Property Damage occurs during the Policy Period. . lii. Prior to the Policy Period, no Insured listed under Paragraph 1.of Section Ii -Who Is An Ensured and no.Employee authorized by yauto give ar receive notice of an Occurrence,claim or Suit,knew that the Bodily Injury or Property Damage had occurred,in whole or In part,if such a listed Insured or authorized Employee knew,prior to the Policy Period,that the Bodily Injury or Property Damage occurred, then any continuation,change or resumption of such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have • been known prior to the Policy Period. • c. Badliy injury or Property Damage which occurs during the Policy Period and was not,prior to the Policy Period,known to have occurred by any insured listed under Paragraph 1 of Section II-Who .' known Is An Insured or any Employee authorized by you to give or receive notice of an Occurrence,claim, • or Suit.includes any continuation,change or resumption of that Bodily Injuryor Property Damage after the end of the Policy Period. . d. Bodily Injury or Property Damage will be deemed to have been known to have occurred at the • earliest time when any Insured listed under Paragraph 1.of Section II-Who is An Insured or any .• Employee authorized by you to give or receive notice of an Occurrence,claim or Suit: I, Reports all,or any part,of the Bodily injury or Property Damage to us or any other Insurer, Li. Receives a written or verbal demand or claim far damages because of the Bodily Injury or " • Property Damage;or lit Becomes aware by any other means that Bodily'Injury or Property Damage has occurred or i. has begun to occur. e. Damages because of Bodily Injury Include damages claimed by any person ar organization far care,ioss of services or death resulting at any time from the Bodily injury. • 2. Exclusions This insurance does not apply to: I Par 5of fai oL-1tO • May 1.�131 trtsedtIee t:,l623 • • ss • a. Expected or intended Injury Bodily Injury or Property Damage expected or intended from the standpoint of the insured.This • excursion does not apply to Bodily Injury resulting from the use of reasonable force to protect persons or property. • b. Contractual Liability • Bodily I njury or Property Damage for which the insured Is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages: • I. That the Insured would have in the absence of the contract or agreement;or • • li. Assumed in a contract or agreement that is an Insured Contract,provided the Bodily Injury • • or Property Damage occurs subsequent to the executio n,of the contract or agreement.Solely for the purposes of liability assumed in an Insured Contract,reasonable attorney fees and • • necessary litigation expenses incurred by or for a party other than an insured are deemed to • be damages because of Bodily Injury or Property Damage,provided: • • a. Liability to such party for,or far the cost of,that party's defense has also been assumed in the same Insured Contract;and • b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this.insurance applies are alleged. c. Liquor LlahWty Bodily Injury or Property Damage for which any Insured may be held liable by reason of: • • I_ Causing or contributing to the Intoxication of any person; • • Ir. The furnishing of alcoholic beverages to a person under the legal drinking age ofunder the influence•of alcohol;or iii. Any•statute,ordinance orr relating to the sale,gift,distribution or use of alcoholic beverages. • This exclusion applies only if you are in the business of manufacturing;distributing.selling,serving or furnishing alcoholic beverages. • • d. Workers'Compensation and Similar laws • • Any obligation of the Insured under a workers'compensation,disability benefits,social security, unemployment compensation or insurance law or under any similar or related law (Including • occupational disease and cumulative trauma} including but not limited to the Jones Act, the Longshoremen and Harbor Workers Act,the Americans with Disabilities Act,and any civil rights laws or legislation. Pagodad6� • 61-110 May s,A ,revitiedluae 21)8 • 4 • e. Empioyer'stiability • Bodily Injury to: • I. An Employee of the Insured arising out of and In the course of: d. Employment by the Insured;or • b. Performing duties retatedto the conduct of the insured's business;or ii. The spouse,child,parent,brother or sister of that Employee as a consequence of Paragraph • I.above. This exclusion appties: I_ Whetherthe insured may be liable as an employer ar in any other capacity;and • • li. To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. Pollution Bodily Injury or Property Damage which would not have occurred in whole or part brit far the • - actual, alleged or threatened,discharge,dispersal,seepage,migration,release or escape of Pollutants at any time at any location and from•any source. U. Any loss,cost or expense arising out of any: a. Request,demand or order 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,cleaning up,removing,containing,treating,detoxifying or neutaalizing, or In any way responding to.or assessing the effects of Pollutants. • . • : Pollutants Mean any solid,liquid,gaseous,or thermal Irritant or contaminant Including smoke, vapor, soot,fumes,acid alkalis, chemicals and waste.Waste includes material to be recycled, reconditioned or reclaimed. i t g. Aircraft„Auto or Watercraft Bodily Injury ar Property Damage arising out of the ownership,maintenance,use or entrustment to others of any aircraft,Auto or watercraft: a. Owned or operated by or rented or loaned to any Insured;or L. Operated by any Volunteer Worker in the course of his or her employment by the Insured Or while performing duties related to the conduct of the lnsuned's business. • Page af d1-111} May 1,21?A,nursed Asia 21,2b23 • • • • • Use includes the operation and Loading or Unloading, • This exclusion applies even if the claims against the Insured allege negligence or other wrongdoing in the supervision,hiring, employment,training or monitoring of others by that insured,it the Occurrence which caused the Bodily Injury or Property Damage involved the ownership, • maintenance.use'or entrustment to others of any aircraft,Auto or watercraft that Is.owned or operated by or rented or loaned to any insured. This exclusion does not apply to: • 1. A watercraft while ashore on premises you own or rent; li. Parking an Auto on,or on the ways next to,premises you own or rent,provided the Auto is not owned by or rented or loaned to you, the Insured, any of yoUr Volunteer Workers or any Volunteer Workers of the Insured. Ili. Liability assumed under any Insured Contract far the ownership,maintenance or use of aircraft or watercraft;or Iv. Bodily injury or Property Damage arising out of: • a. The operation of machinery or equipment that is attached to,or part of,a land vehicle that • • • would qualify under the definition of Mobile Equipment if it were not subject to a • • compuisnry or financial responsibility law or other motor vehicle insurance law in the state • where it is licensed or principally garaged;or b. The operation of any machinery of equipment Listed in Paragraph f.(Iij or f.jiiij of the definition of Mobile Equipment. •. h. Mobile Equipment Bodily Injury or Property Damage arising out of: I. The transportation of Mobile Equipment by an Auto awned or operated by or rented or loaned to any Insured;or ii. The use of:Moblle Equipment in,or while in practice for,or while being prepared for, any prearranged racing,speed,demolition,or stunting activity. War Bodily Injury or Property Damage, however caused, arising, directly or indirectly, out of, • accasioned by,happening through or in consequence of: • i_ War,Including undeclared or civil war; il. Warlike action by a military force,including action In hinderingor defending against an actual • or expected attack,by any government,sovereign or other authority using military personnel • or other agents;or Page 6t 11U May I.2613,noisedAuie .I@n • • lii. Invasion, acts of foreign enemies, hostilities,insurrection,-rebellion, revolution, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority,or action • taken by governmental authority in hindering or defending against any ofthesse_ • j. Damage to Property Property Damage to: I. Property you own, rent or occupy,including any costs or expenses Incurred by you,or any other person, organization or entity, for repair,replacement,enhancement,restoration or maintenance of such properly for any reason,including prevention of Iniury.to a person or damage to another's property. li. Premises you sell,give away or abandon,if the Property Damage arises out of any part of those premises; • iii. Property loaned to you; iv. Personal property in the care,custody or control of the Insured; • Y. That particular part of real property on which you or any contractors or subcontractors • working directly or indirectly on your behalf are performing operations, If the Property Damage arises out of those operations;or vi. That particular part of any property that must be restored,repaired or replaced because Your Work was Incorrectly performed on It. • Paragraphs(I),Iili)and Iv)of this exclusion do not apply to Property Damage(ether than damage . by fire)to premises,including the contents of such premises,rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage to Premises.Rented to You as described in Section tll—Limits of insurance. Paragraph (ii) of this exclusion does not apply if the premises•are Your Work and were never occupied,rented or held for rental by ya u. Paragraphs(III.(iv),(v)and(vi)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph(vl) al this excursion does not apply to Property Damage Included in the Products- • completed Operations Hazard. 1. tc. Damage to Your Product Property Damage to Your Product arising out of it or any part of it. !. Dimageto.Your Work Property Damage to Your Work arising out of it or any part of it and included in the Products- ( completed Operations Hazard. Page 9 et ikl • GL Ill! May 1,21323,revised A.Iric 22,2t23 • .... , ......,_..,_ _..w_._.:,...., �..___..._. ._r ..,._ .. . ...,._._ �.: :: ._�. _ .. ._..:_mom .. ., .._ . • �_._.__._ .....N.: i • This exclusion dues not apply lithe damaged work or the work aut of which the damage arises • was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property Damage to impaired Property or property that has not been physically injured,arising out of: s. i, A defect deficiency,Inadequacy or dangerous condition in Your Product or Your Work;or A delay or failure by you ar anyone acting on your behalf to perform a contract or agreement In accordance with its terms. • This exclusion does'not apply to the loss pf use of other property arising out of sudden and accidental physical injury to Your Product or Your Work after it has been put to its intended use n. Recall of Products,Work or impaired Property • Damages claimed for any loss,cost or expense incurred by you or others for the loss of use, withdrawal,recall,inspection,repair,replacement,adjustment,removal or disposal of: • 1, Your Product, • II. Your Work,or • hi. Impaired Property; If such product,work,or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or • dangerous condition in it. • • Exclusions c.through n.do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in Section III—Limits of insurance. • o. Personal and Advertising Injury • Bodily Injury arising out of Personal and.Advertising injury. • p. Access,Disclosure Or Unauthorized Use Of bata Damages aris ing out of: • i. Any access to or disclosure of any person's or organization's confidential or personal • • information,including patents,trade secrets,processing methods,customer lists,financial information, credit card information, health information or any other type of nonpublic Information;or • II. Theft or unauthorized viewing, copying, use, lass of; loss of•use of,damage, corruption, • manipulation or deletion,or inability to access or manipulate electronic data. Page 1C ai • b3 • <iL-1,16 May 1,2144 resited'xxie 22.3023 • I i 6 • This exclusion applies Wen if damages are claimed for notification costs, credit monitoring expenses,forensic expenses,public relations expenses or any other loss,cost or expense incurred • by you or others arising out of that which Is described in I.or U.above. - As used in this exclusion,electronic data means Information;facts or programs.stored as or on, E. created or used on, or transmitted to or from computer software, including systems and , applications software,hard or floppy disks,CO-ROMS,tapes;•drives,cells,data processing devices or any other media which Are used with electronically controlled equipment. Q. Fungi or Bacteria • Bodily injury ar Property Damage which would not have occurred,in whole ar in part,but for the actual,alleged or threatened inhalation of,ingestion of,contact with,exposure to,existence of, • or presence of, any Fungi ar bacteria on or within a budding or structure,including Its contents, regardless of whether any other cause,event,materiall br product contributed concurrently or In any sequence to such injury or damage; • • Any *Si cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing,containing, treating, detoxifying,neutralizing,remediating or disposing of,or in any way responding to,or assessing the effects of,Fungi or bacteria,by an Insured or by any other • person or entity. This exclusion does not apply to any Fungi or bacteria that are,are on,or are contained in,a good or product intended for bodily consumption. r. Employment Related Practices Bodily Injury to: I. 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,discipline,defamation,.harassment, humiliation,discrimination or malicious prosecution directed at that person;or ii. 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. f This exclusion applies: i. Whether the Injury-causing event described in Paragraphs a, b or c above occurs before employment,during employment or after employment of that person; i , • oase u if rrl 1 a-lii! May 1,W,1 ,roiled une ,2021 i • li. Whether the insured may be liable as an employer or in any other capacity;and • Iii. To any obligation to share damages with or repay someone else who must pay damages • because of the Injury. • s: infringement,Misappropriation,Interference with Privacy and Unfair Competition • Bodily Injury or Property Damage arising directfy or Indirectly out of: a. Any infringement upon or dilution of copyright,trademark,patent,title,slogan,service mark,service name,trade name,trade dress,trade secret,or other intollectual'property rights; b. My Invasion or Infringement of or interference with the right of privacy or publicity • including,but not limited to,intrusion,public disclosure or private facts,unwarranted or - wrongful publicity,false light or the use of name'or likeness for profit; c. Plagiarism or misappropriation of information, trade secrets, Ideas or style of doing business; • d. "Unfair competition" as defined by statute or common law, both state and federal, • whether or not pertaining to and alleged In conjunction with a claim of plagiarism, • misappropriation of information or ideas,"piracy",infringement or dilution of copyright, title, slogan, trademark, trade name, trade dress, trade secret, patent, service mark, service name,or other intellectual property rights; • e. My acts of the Insured pertaining to the Internet, web site(s), domain name(s), metatag(s), linking, framing or chatrooms the insured hosts, owns, or over which the Insured exercises control. • • t.. Professional Liability • This Insurance does not apply to Bodily Injury or Property Damage or Personal and Advertising injury that arises out of the rendering of or failure to render any professional services. • Professional services Include but are not limited to advice,instruction,supervision or direction In connection with a training program for either recreational or certification purposes,including but • riot limited to Instruction or'supervision In the activity of water skiing,jet skiing,operation of a boat, parasailing, hang gilding, paragiidirig, ultra-light flying, kite boarding, kite surfing, snow kiting, surfing, wake boarding, scuba diving, skin diving, swimming or any other recreational • activity. u. Abuse or Molestation • • This Insurance does not apply to Bodily Injury or Property Damage, Personal and Advertising • Injury or any Injury arising out of: . • i. The actual`or threatened abuse or molestation or licentious, Immoral or sexual behavior • whether or not intended to lead to,or culminating In any sexual act,of any person,whether Page]2 of Oa di-1,11? May 1,MA reviled:tie 24708 . . is 1 . caused by,or at the instigation of,or at the direction of.or omission by, any insured, his • Employees,or any other person,or I. The actualaralleged transmission of any communicable disease,or Ili. Charges or allegations of negligent hiring employment.Investigation,supervision,reporting to the proper authorities,or failure to so report;.or retention of a person far whom any • Insured isar ever was legally responsible and whose conduct would be excluded by paragraph I.above. Abuse includes,but is not limited to,negligent or intentional Infliction of physical,emotional or psychological Injury/harm. v. Asbestos . I. Bodily Injury in any way arising out of the use by any person or organization of or exposure to asbestos,asbestos products,asbestos fibers or asbestos dust: li. Property Damage to real property arising out of the use by any person or organization of asbestos, asbestos products asbestos fibers or.asbestos dust. Including,without limitation, • the costs incurred with respect to the removal or abatementof asbestos,asbestos products, asbestos fibers or asbestos dust from or in such heal property; Ili. My obligation of the insured to indemnify any party because of damage arising out of such Property Damage, daddy Injury, sickness, disease, occupational disease, disability, shock, death,mental anguish or mental injury,at any time as a result of the manufacture of,mining of,use of,sale of, removal of,distribution of,or exposure to asbestos; asbestos products, asbestos fibers or asbestos dust;or . Iv. Any obligation to defend any suit or claim against the Insured alleging Bodily Injury,sickness, disease; occupational disease, disability, shack,death, mental anguish or mental injury or i Property Damage resulting from or contributed to,by any and all manufacture of,mining of. use•of, safe Of, removal of, distribution of, or exposure to asbestos, asbestos products, • asbestos fibers or asbestos dust. w. Lead • I_ daddy Injury or Property Damage,for past, present or future claims arising in whole or in • part,.either directly or Indirectly, out of the manufacture, distribution, sale, resale, re- . branding, installation, repair) removal,encapsulation,abatement,replacement or handling • of.explore ta,Ingestion of or testing for,lead whether or not the lead is or was at any time i I airborne as a particle,contained in a product,carried on clothing,inhaled,transmitted in any { fashion or found In any form whatsoever; • li. The costs of clean up or removal of lead or products and materials containing lead; . • lit. The costs of such actions as may be necessary to monitor,assess and evaluate.the release or threat of same,or lead or products and material containing lead; Page 1I at 61-116 May 1,201 rewaniaine It 202.1 • • • • • iv. The cost of disposal of lead substances or the taking of such other action as may be necessary to temporarily or permanently prevent,minimize or mitigate damage to the public health or welfare or to the environment,which may otherwise result; v. The cost of compliance with any law or regulation regarding lead. x. Securities and Financial Interest 1. I. Any violation of any securities law or similar law or any regulation promulgated thereunder: • ii. The purchase, sale,offer of sale or solicitation of any security,debt,Insurance policy,bank deposit or financial interest or instrument; Ili. Any representation Made at any time in relation to the price•or value of any security,debt. insurance policy,bank deposit or financial interest or Instrument;or • Iv. Any depreciation or decline In price or value of any security, debt, Insurance policy, bank deposit or financial Interest or instrument_ y. Silica I. Bodily Injury or Property Damage or any other loss, cost or expense arising out of the presence,ingestion, inhalation,or absorption,of or exposure to silica products;silica fibers, • silica dust or silica In any form;or. Any obligation of the Insured to defend and/or indemnify any party because of damages arising out of such Bodily injury or property Damage arising out of the presence,Ingestion, inhalation,or absorption,of or exposure to silica products,silica fibers,silica dust or silica in . any form. •. • t. Violation of Statutes in Connection with Sending,Transmitting,or Communicating Any Material or Information - - • Any loss, injury, damage, claim,Suit, cost or expense arising out of or resulting from, caused directly or indirectly, in whole or in part by, any act that violates any statute, ordinance or • regulation of any federal,state or local government Including.any amendment of or addition to • • such laws, that includes,addresses or applies to the sending,transmitting or communicating of • • any material or information,by any means whatsoever. aa. Nuclear Reaction/Nuclear Radiation or Radioactive Contamination • Any loss, injury, damage, claim,Suit, cost or expense arising out of or resulting from, caused • directly or indirectly,in whale or in part by,nuclear reaction,nuclear radiation or radioactive contamination. bb. Recording And Distribution Of Material Or information In Violation Of law Pop 24of6a cit-216 May 1.21213,nettled Axle' I023 • 1 i �i . . Bodily Injury or Property Oamage,arising out of any action or omission that viofates,or Is alleged • to violate: • I. The Telephone Consumer Protection Act(TCPA),including any amendment of or addition to : such law; IL The CAN-SPAM Act of 2003,including any amendment of or addition to such law; • • Id. The Fair Credit Reporting Act(FCRA),and any amendment of or addition to such law,.including the Fair and Accurate Credit Transaction Act(FACTA);or iv. Any federal,.state or local statute,ordinance or regulation,other than the TCPA;CAN-SPAM Act of 2003 or FORA and their amendments and additions,that addresses,prohibits,or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. cc. Infectious Disease • Any liability,loss,damage,cost or expense of whatsoever nature directly or indirectly caused by; arising out of,resulting from or to connection with: I. any actual,alleged,orthreat of infectious disease,including but not limited to diseasesarising out of caranaviruses,regardless of any other cause or event contributing concurrently or In • any other sequence to the loss; ii. any action taken or failure to take action in controlling.preventing,,suppressing or in anyway responding to such actual.alleged or threat of infectious disease: dd.Nuclear/Chemical/Biological/Radioactive Terrorism . Regardless of arty contributory cause(s),this policy does not cover any claim(s)in any way caused ar contributed to by an act of terrorism Involving the use or release or the threat thereof of any nuclear weapon or device or chemical, biological or radioactive agent, material, device or weapon.For the purpose of this exclusion,an act of terrorism means an act, including but not .. limited to the use of force or violence and/or the threat thereof,of any person or group(s)of persons,-whether acting alone or on behalf of or in connection with any organiaation(s) or government(s), committed for political, religious, ideological or ethnic purposes or reasons . Including the intention to influence any government and/or to put the public,or any section of the public,in fear. ee.Failure to Glue Warning Required by Law Regarding Exposure to Substances or Agents This Insurance does not apply to Gadfly injury or Property Damage arising out of any failure by the • Insured to give any warning,disclosure or other statement required by law regarding exposure to chemicals,biological agents or any other substance or agent resulting from the use of any product 1 or service or engagement In any activity. • tit.-1JIi May 1,2024 wised time 24,2r23 • i . i ff. Standard Setting and CredentialingActivity This insurance does not apply to Bodily Injury or Property Damage.arising out of any activity of the insured Involving the setting of standards or credentialing relating to diving.swimming or any Other activity, including but not limited to standards or credentlaling for training, certification, qualification to provide services or instruction relating to diving,swimming or any other activity, safety, equipment, dive center or resort operations or qualifications or other operations or • qualifications, the establishment of ratings,dassificatlons or codes or the issuance of manuals, guidelines,instructions,bulletins,advisories or other publications. COVERAGE II • PERSONALAND ADVERTISING INJURY LIABILITY r 1. Insuring Agreement 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 and duty to defend the Insured against any Suit seeking those damages.However,we will have no duty to defend the Insured against any Suit seeking damages for Personal and Advertising injury to which this Insurance does not apply.We may,at our discretion,investigate any offense and settle any : claim or Suit that may result.But: L. The amount we will pay for damages is limited as described In Section III—Limits of insurance; and ii. Our right and duty to defend end 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 ar liability to pay sums or perform acts or Services Is covered unless explicitly provided for under Supplementary Payments—Coverages A and 8. b. This insurance applies to Personal and Advertising injury caused by an offense arising out of your business hut only if the offense was committed in the coverage Territory during the Policy Period. • 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights of Another • s Personal and Advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and Would inflict Personal and Advertising injury; I I b. Material Published with Knowledgeof Falsity . Petsanal and Advertising Injury arising out of oral or written publication of material,Ii done by or • at the direction of the insured with knowledge of its falsity,; II F page1Gcf63 11 Gt-I iri May 1,!Qt},revised amc:Y,3i123 °u ..,. / ' I . i C. ,Material Published Prior to Policy Period Personal and Advertising Injury rising-out of oral or written publication of material whose first publication took place before the beginning of the Polity Period: d. Criminal Acts Personal and Advertising Injury arising out of a criminal act committed by or at the direction of any Insured; • • e. Contractual Liability • Personal and Advertising injury for which the insured has assumed liability in.a contract or • agreement.This exclusion does not.apply to liability for damages that the Insured would have in " . the absence of the contract or agreement; • f. Breach of Contract • Personal:and Advertising Injury arising out of a breach of contract,except an implied contract to • use anther's advertising idea in you Advertisement; g. Quality of Performance of Goods•-Failure to Conform to Statements Personal and Advertising injury arising out of the failure of goods,products or cervices to conform • with any statement of quality or performance made in your Advertisement; • h. Wrong Description of Prices Personal and Advertising injury arising out of the wrong description of the price of goods, products or services stated In you Advertisement; •• . i, infringement of Copyright,Patent,Trademark or Trade Secret Personal and Advertising injury arising out of the Infringement of copyright,patent,trademark, trade secret or other intellectual property rights_ However,this exclusion dries_not apply to infringement,In your Advertisement,of copyright,trade dress or slogan. J. Insureds In Media and Internet Type Businesses Personal and Advertising Injury commltted by an Insured whose business is: I. Advertising,broadcasting,publishing or telecasting: ii. designing or determining content of we-sites for others;or •• hi. An Internet search,access,content or service provider. • Page l/of 63 di•116 May 1,.MA rriiad:urie 22,202.1 7 • However,this exclusion does not apply to Paragraphs IS.a.,b:,and c..of Personal and Advertising Injury under Section V-Definitions. For the purpose of this exclusion,the placing of frames,borders or links,or advertising,for you or others anywhere on the Internet, is not by Itself, considered the business of advertising, broadcasting,publishing or telecasting, k. Electronic Cltatroams or bulletin Boardsr. Personal and Advertising Injury arising out of an electronic chatraom or bulletin hoard the insured hosts,owns,or over which the Insured exercises control. I. Unauthorized Use ofAnother`s Name or Product Personal and Advertising Injury arising out of the unauthorized use of another's name or product ' in your email address,domain name or metatag,or any other similar tactics to mislead another's potential customers. m. Pollution Personal and Advertising Injury arising out of the actual, alleged or threatened discharge. dispersal.seepage,migration,release or escape of Pollutants at any time. • • n. Pollution-Related • Any loss,cast or expense arising out at any: 1, Request, demand,order or statutory or regulatory requirement that any Insured or others • • test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to,or assess the effects of,Pollutants,or li. Ciaim or Suit by or on behalf of a governmental authority far damages because of testing for, monitoring,cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,Pollutants. o. War Personal and Advertising Injury,however caused,arising,directly or Indirectly,out of,occasioned by,happening through or in consequence of: • t, War,including undeclared or civil war; li. Warlike action by a military force,including action In hindering or defending against an actual • ar expected attack,by any government,sovereign or other authority using military personnel Of other agents;or • • I ill. Invasion,acts of foreign enemies, hostilities,Insurrection;rebellion, revolution, military or usurped power,or confiscation ar nationalization or requisition or destruction of or damage • to property by or under the order of any government or public ar local authority,or action • taken by governmental authority in hindering or defending against any of these. Page 11 al • 61.110 May 1, l 2,rcruedLate?..U15 • • • p. Fungi or Bacteria Personal and Advertising injury which would not have taken place,in whole or in part, but for the actual,alleged or threatened inhalation of,ingestion of,ingestion of,contact with,exposure to,existence of,or presence of any Fungi or bacteria on or within a building or structure,including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such Injury. • • Any loss, cast or expenses arising out of the abating, testing for, monitoring, cleaning up; removing,containing, treating,detoxifying,neutralizing,remedtating or disposing of,or In any way responding to,or assessing the effects of Fungi or bacteria,by an insured or by any other person or entity. • q. Employment Related Practices i. Personal and Advertising injury to a person arising out of any: • a. Refusal to employ that person; b. Termination of that person's employment; { c. Employment-related practices,policies,acts or omissions,such as coercion, demotion, . evaluation.reassignment,disdpline,defamation,harassment,humiliation, discrimination or malicious prosecution directed at that person;or • d. Claim related in any way to employers'liability; Ii. The spouse,child, parent,brother or sister of that person as a consequence of Personal and Advertising 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: I. Whether the injury-causing event described In Paragraphs a., b. or c, above occurs before employment,during employment or after employment of that person; • Whether the Insured may be liable as an employer or in any other capacity;and • Ill. To any obligation to share damages with or repay someone else who must pay-damages because'of the injury. r. infringement,Misappropriation,interference with Privacy and Unfair Competition Personal and Advertising injury arising directly or Indirectly out of: • a. My Infringement upon or dilution of copyright,trademark,patent.title,slogan,service mark.service name;trade name,trade dress,trade secret,or other intellectual property rights: Page 19af63 cit•116 May i.ILY !retied itsie 202.1 i • b. Any invasion or Infringement of or interference with the right of privacy or publicity including,but not limited to,intrusion.public disclosure or private facts,unwarranted or wrongful publicity,false light or the use of name or likeness for profit; • c. Plagiarism ar misappropriation of information, trade secrets, ideas or style of doing business; ^Unfair competition' as defined by statute or common law, both state and federal,whether or not pertaining to and alleged In conjunction with a claim of plagiarism. misappropriation of information or Ideas,"piracy',Infringem entor dilution of • copyright,title,slogan;trademark,trade name,trade dress,trade secret,patent,service mark.service name;or other intellectual property rights. s. Professional Liability This insurance does not apply to Bodily Injury or Property Damage or Personal and Advertising Injury that arises out of the rendering of or failure to render any professional services. Professional services include but are not limited to advice,Instruction,supervision or direction in connection with a training program for either recreational or certification purposes,including but not limited to Instruction or supervision in the activity of water skiing,jet skiing,operation of a boat, parasailing, hang gliding, paragliding, ultra-light flying, kite boarding, kite surfing,.snow kiting, surfing, wake boarding, scuba diving, skin diving, swimming or any ether recreational • • activity. t. Abuse or Molestation • This insurance does not apply to Bodily Injury or Property aamage,•personal injury,Personal and • Advertising Injury or any Injury arising aut of: I. The actual or threatened abuse or molestation or licentious, Immoral or sexual behavior • whether or not intended to Dead to,or culminating in any sexual act,of any person,whether caused by,or at the Instigation of,or at the direction of, or omission by, any Insured, his Employees,or any other person,or • li. The actual or alleged transmission of any communicable dIsease or iii. Charges or allegations of negligent hiring,employment.Investigation.supervision,reporting • to the proper authorities,.or failure to so report; or retention of a person for whom any Insured is or ever was legally responsible and whose conduct would be excluded by paragraph • I_above. Abuse includes,but Is not limited to,negligent or intentional Inflictyon of physical,emotional or psychological injury/harm. u. Recording And Distribution Of Material Or Information In ululation Of taw • • Personal or Advertising Injury arising out of any action or omission that violates or is alleged to violate: I. The Telephone Consumer Protection Act(TCPAj,including any amendment of or addition to • such law; page Zd of 63 • G1.-1113 May i,-1043,rawiwed.it ie 22,3VA • • • • • • • IL The CAN-5PAlvl Act of 2003,including any amendment of or addition to such faw; s. Iit. The Fair Credit Reporting Act(FCRA1,and any amendment afar addition to such law,including • the Fair and Accurate Credit Transaction Act'FACIA);or • • iv. Any federal,state or local statute,ordinance or regulation,other than the?CPA,CAN-SPAN Act of 2003 or FCRA and their amendments and additions,that addresses,prohibits,ar limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. v. Access,Disclosure Or Unauthorized Use Of Data Damages arising out of: • • I. Any access to oc disclosure of any person's or organization's confidential or personal information, including patents, trade secrets,processing methods,customer lists, financial • information, credit card information, health information or any other type of nonpublic information;or • li. Theft or unauthorized viewing, copying, use, loss of; loss of use of, damage,corruption, manipulation or deletion,or inability to access or manipulate electronic data This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,forensic expenses,public relations expenses or any other loss.cost or expense incurred by you or others arising out'of that which is described in L or Il.above. As used in this.exclusion,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 w. Employers:Liability • • Any liability,loss;damage,cost or expense of whatsoever nature directly or indirectly caused by. arising out of,resulting from or in connection with employers'liability, s. x. Workers'Compensation and Similar taws • Personal or Advertising injury arising out of any obligation of the insured under a workers` compensation,disability benefits,social security, unempioyment•compensation or Insurance law • or under any similar or related law (including occupational disease and cumulative trauma) • Including but not limited to the Jones Act, the Longshoremen and Harbor Workers Act, the • Americans with Disabilities Act,and any civil rights laws or legislation. • • y. Infectious Disease • Any liability,loss,damage,cost or expense of whatsoever nature directly ar indirectly caused by, • arising out'of,resulting from or In connection with: Page 21ofra OL-1111 May 1,1023,Rimed lwici3,Itias • F y • • • lit any actual,alleged,or threat of infectious disease,Including but not limited to diseases arising out of caronaviruses,regardless of any other cause or event contributing concurrently or in any other sequence to the loss: • • • Iv. any action taken or Failure to take action In controlling,preventing.suppressing or in any way responding to such actual,alleged or threat of infectious disease. z. Nuclear Reaction/Nuclear Radiation or Radioactive Contamination Any loss, Injury,damage, claim,Suit, cost or expense arising out of or resulting from,caused directly or indirectly,in whale or In part by, nuclear reaction,nuclear radiation ar radioactive contamination. aa. Nuclear/Chemical/9lologlcal/Radioactive Terrorism • • Regardless of any contributory cause(s),this policy doesnot cover any claim(s)in any way caused ar contributed to by an act of terrorism involving the use or release or the threat thereof of any nuclear weapon or device or chemical,biological or radioactive agent,material,device or weapon. For the purpose of this exclusion,an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereat,of any person or group(s) of persons, whether acting atone or on behalf odor in connection with any organtzation(si or g+overnment(sj. committed far political,religious,ideological or ethnic purposes or reasons including the Intention to influence any government and/or to put the public,or any section of the publlt,in fear. • • bb.Failure to Glue Warning Required by Law Regarding Exposure to Substances or Agents Personal and Advertising injury arising out of any failure by the Insured to give any warning, • disclosure or other statement required by law regarding exposure to chemicals,biological agents • ar any other substance or agent resulting from the use of any product or service or engagement in any activity. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement • a. We will pay medical expenses as described below for Bodily injury caused by an accident: I. On premises you own or rent; Ii. On ways next to premises you own or rent;or III. geca use of your operations; provided that: I. The accident takes place in the Coverage Territory and during the Policy Period; • ii. The expensesare Incurred and reported to us within one year of the date of the accident;and • Paige 22 of a3 • Gl-11U May 1, 3,m sird acne T2 23 • • • ill. The injured person submits to examination,at our expense,by physicians of our choice as • often as we reasonably require. • • • b. We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance_We will pay reasonable expenses far. I. First aid administered at the time of an accident; IF. Necessary medical,surgical,x-ray and dental services,Including prosthetic devices;and • III. Necessary ground ambulance,hospital,.professional nursing and funeral services. this insurance does not cover air ambulance services. , . • 2. Exclusions . I . We will not pay expenses for Bodily Injury: . a. Any Insured . To any Insured. • • b. Hired Person • • • To a person hired to do work for or an behalf of any Insured or a tenant of any Insured. . c. Injury on Normally Occupied Premises . To a person Injured on that part of premises you own or rent that the person normally occupies. • d. Workerstompensatlon and Similar taws . To a person, whether or not an Employee of any Insured,if benefits for the Bodily Injury are • • payable or must be prowled under a worker's compensation law,unemployment compensation insurance,social security,or disability benefits law,at under any similar or related taw(including occupational disease and cumulative trauma) including but not limited to the Jones Act, the Longshoremen and Harbor Workers Act,the Americans with Disabilities Act,and any civil rights laws or legislation. • e. Athletics Activities . To a person injured while practicing,instructing or part kipatEng in any physical exercises or games, ' sports,or athletic contests. f. Products-Completed Operations Hazard Included within the Products completed Operations Hazard. • . g. Coverage A Exclusions Excluded under Coverage A, . . Pagan of aa 61.110 .May L,2013,reused Imo 22,2023 Q . • • • SUPPLEMENTARY PAYMENTS COVERAGES A AND 8 • 1. We will pay,with respect to any claim we investigate or.settle,or any Suit against an Insured we • • defend: • a. AU expenses we incur. b. tip to$250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Daddy Injury Liability Coverage applies.We do not have to • • • furnish these bonds. • c. the cost of bonds to release attachments,but only for bond amounts within the applicable limit of Insurance.We do not have to furnish these bonds. • d. Alt reasonable expenses Incurred by the Insured at our request to assist us In the investigation or • defense of the claim or Suit,including actual loss at earnings up to$250 a day because of time off fram work. • •. e. MI casts taxed against the insured In the Suit.Haweroer,these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. • f. Prejudgment interest awarded against the Insured an that part of the judgment we pay.if we • make an offer to pay the applicable limit of insurance,we will not pay any prejudgment Interest • • based on that period of time after the offer. • • g. All interest an the full amount of any Judgment that accrues after entry of the Judgment and before • we have paid,offered to pay,or deposited in court the part of the Judgment that is within the applicable limit of insurance. • These payments will not reduce the limits of Insurance. • { 2. if we defend an Insured against a Suit and art indemnitee of the Insured is also named as a party to - - j the Suit,we will defend that indemnitee if all of the following conditions are met: . a. The Suit against the indemnitee seeks damages far which the Insured has assumed the liability of • • . the indemnitee In a contract or agreement that is•an Insured Cantiact: • b. This Insurance applies to such llability'assumed by the Insured: • • c. The obligation to defend,or the cast of the defense of,that indemnitee.has also been assumed by the Insured in the same Insured Contiact; • • d. The allegations in the Suit and.the information we know about the Occurrence are such that na • conflict appears to exist between the interests of the Insured and the interests of the indemnitee; and • e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such Suit and agree that we can assign the same counsel to defend the Insured and the indemnitee:and • Page 24 of 63 • 61•1L11 May 1,MA rrased acne 22,.2613 • • • 3 ", • f. The indemnitee: • I. Agrees in writing to: a. Cooperate with us in the investigation,settlement or defense of the Suit; b. Immediately send us copies of any demands,notices,summonses or legal papers race teed in connection with the Solt c. Notify any other insurer whose coverage is available to the tndemnitee;and d. Cooperate with us with respect to coordinating other applicable insurance available to the • indemnitee;and U. Provides us with written authori2atlan to: a. Obtain records and other information related to the Sult;and h. Conduct and control the defense of the indemnitee to such Suit • So long as.the above conditions are met, attorneys' fees incurred by us in the defense of that • indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred • by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph Z.b.ti of Section I-Coverage A-Bodily Injury and Property Damage Liability, . such payments will not be deemed to be damages for Bodily Injury and property Damage and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees-and necessary • litigation expenses as Supplementary Payments ends when: . e. We have used up the applicable limit of insurance in the payment of pudgments or settlements;or b. The conditions set forth above,or the terms of the agreement described to Paragraph f.above, • are no longer met. • SECTION li • WHO MAN INSURED • 1, if you are designated in the Declaration as: • a. An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner, b. A partnership or joint venture..you are an Insured. Your members, your partners, and their • spouses are also insureds,but only with respect to the conduct of your business. c. A limited liability company,you are an Insured.Your members are also insureds, but only with respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers. Mtge 21 at 69 • 61.7111,1• May 1,Ma'Med lone 22,2MA } d. An organization other than a partnership,joint venture or limited liability company,you are an Insured. Your Execiitiae Officers and directors are Insureds,but only with respect to their duties as your officers or directors.Your stockholders are also insureds,but only with respect to their • liability as stockholders. e. A trust,you are an Insured.Your trustees are also insured,but only with respect to their duties as trustees. 2. Each of the following is also an Insured: a. Your Volunteer Workers only while performing duties related to the conduct of your business,or • • Employees,other than either your Executive Officers(if you are an organization other than a • partnership,joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while • performing duties related to the conduct of your business,However, none of these Volunteer • Workers or Employees is an Insured for: i. 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), 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, or to your other Volunteer Workers while performing duties related to the conduct of your business; • b.. To the spouse,child,parent,brother.or sister of that co-Employee or Volunteer Worker as a consequence of Paragraph 1(a1 above. • c. For which there is any obligation to share damages with or repay someone else who must . pay damages because of the injury described in Paragraphs 11a)or(b)above;or d. Arising out of his or her providing or Failing to provide professional health care services. li. Property Damage to property: a. Owned,occupied or used by. • • b. Rented to, in the care, custody or control of, or over which physical control is being exercised for any purposes by, you; any of your Employees, Volunteer Workers, any partner or member (if you are a • partnership or joint venture);or any member(if you are a limited liability company). b. Any person(other than your Employee or Volunteer Worked,or any organization while acting as '•. your real estate manager. c, Any person or organization having proper temporary custody of your prapertyifyou die,but only: . I. With respect to liability arising out of the maintenance or use of that property;and ' Page 26 of sa • c t-1111 May 1,1614,!raised Aide 2 1023 • • li. Until your legal representative has been appointed. • d. Your legal representative if you die,but only with respect to duties as such.That representative will have all your rights and duties under this policy. e. Any person or organization yoU are required to include as an additional Insured on this policy by a written contract or written agreement In effect during this policy period and executed prior to • the'occurrence of the"bodily injury"or'property damage''and any person or organization to • which a certificate of Insurance has been issued under this policy. This coverage is limited as follows; 1_ It provides Coverage A(Bodily Injury and Property Damage Liability)only. 2. The person or organization is only an additional Insured with respect to liability arising out of • • 'your work"or"your product". 3. In'the event that the Limits of insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the Insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contrad or • • written agreement.This endorsement shall not increase the Limits of insurance shown in the • Declarations pertaining to the coverage provided herein. d. The Insurance provided to such an additional Insured does not apply to"bodily injury"or "property damage' arising out of a dive professionals rendering or failing to render • professional services. S. This insurance does not apply to"bodily Injury' or"property damage" arising out of'your work"or"your product"included in the"product-completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only • far the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. • 6. Any coverage provided to•an additional insured shall be excess over any other valid and collectible insurance available to the additional inspired whether primary,excess,contingent :• at on any other basis. In accordance with the terms and conditions of the policy and as more futlyexplained in the policy. as soon as practicable,each additional Insured must give us prompt notice of any"occurrence' which may resu It in a claim,forward all legal papers to us,cooperate in the defense of any actions, • and otherwise comply with all of the policy's terms and conditions. Failure to comply with this provision may,at our option,result in the claim or Suit being denied. • 3. Any organization you newlyacquire or form;other than a partnership,joint venture of limited liability company,and over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the Policy Period,whichever is earlier; Pager/cF G9 61.-111 May 1,202:1,reAsedlurie 22 iaa3 I i • • b. Coverage A does not apply to Bodily injury or Property Damage that occurred before you acquired of formed the organization;and • • c. Coverage B does rat apply to Personal and Advertising injury arising out of an offense committed • before you acquired or formed the organization. • No person or organization is an insured with respect to the conduct of any current or past partnership, • joint venture or limited liability company that is not shown as a Names Insured in the Declarations. SECTION Ili • LINKS Of INSURANCE • 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insure b. Claims made or Suits brought;or • c. Persons or organizations making claims or bringing Suits. • 2. The GeneratAegregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C: • b. Damages under Coverage A, except damages because of Bodily injury or Property Damage included In the Products-completed Operations Hazard;and c. Damages under Coverage B. • 3. The Products-Completed Operations Aggregate Limit is the most we will pay under CoverageA for damages because of Bodily injury and Property Damage included In the Products-completed Operations Hazard. • • 4. Subject to 2.above,the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all Personal and Advertising Injury sustained by any one person or organization. • S. Subject to 2.or 3:above,whichever applies,the Each Occurrence limit is the most we will pay for the sum of: • a. Damages under Coverage A;and • • • b. Medical expenses under Coverage C • because of ail Bodily Injury and Property Damage arising out of any one Occurrence. 6. Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of Property Damage to any one premises,while rented to you,or in • I the case of damage by fire,while rented to you or temporarityoccupied by you with permtssionof the owner. Pap zaofrr3 G1.110 May 1,7DA revised'Aide a 21).25 • 1 • 7. Subject to S.above,the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of Bodily Injury sustained by any one person. B. In the event that any claim or more than one-claim shall be covered in whole or in part,under this policy.and any other policy Issued by us,the total applicable limit of insurance shall not exceed the single largest limit of insurance under any policy.Such largest applicable limit of insurance shall apply • only once to any single Occurrence or event. to no event shall the Limits of Insurance under two or • • more policies Issued by us be stacked so as to obtain a limit of insurance that exceeds the highest applicable limit of insurance available under any one policy. 9. Regardless of any other provision of this policy,this policy does not apply to Punitive or Exemplary Damages, whether at common law or by statute,awarded against any Insured, including hut not • • limited to any additional Insured However,if a Suit is brought against an Insured arising out of a claim which alleges bdth compensatory and Punitive or Exemplary Damages,we will defend the entire Suit with the understanding that we pay only the compensatory damages. 10. The Limits of insurance of this-policy apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the Policy Period shown in the Declarations,unless the Policy Period is extended after issuance for an additional period of less than 12 months.in that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV • COMMERCIAL tiENERAL UABILITY CONDITIONS • 1. Bankruptcy Bankruptcy or Insolvency of the Insured or of the insured's estate wilt not relieve us of our obligations under this policy. 2. Duties In the Event af Occurrence,Offense,Claim or Suit a. You.must see to it that we are notified as soon as practicable of an Occurrence or an offense which may result in a claim.la the extent possible,notice should include: i. How,when and where the Occurrence or offense took place; • II. The names and addresses of any Injured persons and witnesses;and HI. The nature and location of any Injury or damage arising out of the Occurrence or offense. • b. if a claim,is made or Suit is brought against any insured,you must: i. Immediately record the specifics of the claim or Suit and the date received;and • • ii. Notify us as soon as practicable. • You must see to it that we receive written not Ice of the claim or Suit as soon as practicable. . Page In of di 4 fil lilt May 1,Ina w.itedlune 22,2023 • '; i at and�10e► thirtnial4 d lnsu 'm G 1 immr'dlatet' set$p t:apies;atany-detitands nonce xsummansesor'1"ega1pa(perareeIGe 1CP.ttr 1ii ,` , cDnnacticn iitl[i the ctitit ar:5tttfi` i`ts� F. tt i i).i.0 'fi ab i aar ani t3�e rit i�tn ttpi„ j lit et;atd 0 ii t 0l atorsetttt;tttatt :o `the4aimortLa seagafris .taSt4t .fit#,, , � (1 Msistas u n'aur 4 ast Britt** forsemetttat' nKE hta$atnsraay person orar atsit .(o ,,.r : tati m > liabf 1ti 1 t l shred i e r r i ut i age r i� `tC 6 ura c mays i, c1,. N iA*{t -1 Itt 'ept'{at 4i lnsw'ed 0, tooto mai a,pa5v tlt fassumA an* ib allati pr tttctrr att expects other than toc. akf w1tttn ottt'aot n . e,:4,41 e4 tpticmantfit`fiknit.miticifai{Yhert.u.mer attanr.Eq undertftis.pa ph sb 1 "Ilck ' iax�rt4142f ' ail;1,' ifi aisres bAm—a'-r a x a,iiute to ptt de written tlotfce as sat fattts abr ve wm t:attit4etnd a fauure at!a t9nditcan to . ra ion , a-out•tapdon;tenderouitrtwhc nt `;and steed in teiattan to any Ocuerrenir . •gffeas. rule orSu1 n*t eri and p set=tom i wr tt+en notice as required herein .._FAA,, u p1 P n 4gai itPotr.ansiUUs. 'OP:. igml a n zatton a r# uttderthi 01: a `rojoh i u as a party or�othat#t11 Caring t? tni a a u1t a Rlog fordatttage ,from an red,or fit; ' e st&e tip 0n tt�i paiCc rt rtCess ati ctflts a rn s ha!a baen taty�ttr pC ed+ d• h„ t pe anurt t anotron ttt acie u t r ceaxi.erin ac ag d e{tCeteenorc t a%fCnai jtoioot ag Ctrst i oat nsurett ahra►naaftei act•aGtuaf tr al ti,it irte»fill•not lie 1 btefar damages.that am of payahte=" i tmd*r'iie}erns of ytf is tifey or that4re to excess of the.app&tcabfe 110iry taf"insurance.An:agreed: t 3, Pt gteaus a 4t�eat atsd tetease ti 11a#11try sign,6 b'us that tred,anel l ttl cWp nt k .ecCgl rit. t gset to**, 11 Siwe"nsur ii toofec ito*Oawaf#hi. fa tlt$o l n e le ar 'i any p In p Ea 1; c a* t:i X�g tt+ kA.�` g "xt��3ROlk f i*f i i4 l'! t*;41 7t f µ i z. y { li k vaitctand colt ctIbie tne1f n i available bite tttsut,!p4fcif aki e a er StncterCavem, 5 E t� q Z 3t y. :r , • a. Primary Insurance This insurance Is primary except when b.below applies,If this Insurance Is primary,our obligations are not Affected unless anyof the other insurance Is also primary.Then,we will share with all that other insurance by the method described in c below. b. Excess Insurance , • This insurance is excess over: t. Any of the other insurance,whether primary.excess,contingent or an any other halts: • a. That is Fire,Extended Coverage, Builder's Risk,installation Risk of similar coverage for Your Work; b. That Is Fire Insurance for premises rented to you or temporarily occupied by you with • permission of the owner; c. That is insurance purchased by you to cover your liability as a tenant for Property Damage • to premises rented to you or temporarily occupied by you with permission of the owner or d. 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_ • II. Any other primary Insurance available to you covering liability for damages arising out of the premises or operations,or the products and completed operations,far which you have been added as an additional Insured by attachment of an endorsement. • When this insurance is excess,we will have no duty under Coverages A or Ste defend the Insured against any Suit.•If no other insurer defends,we will undertake to do so,but we will be entitled to the Insured's rights against all those other Insurers. When this Insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that-exceeds the sum of: • I. The total amount that all such other insurance would pay for the loss in the absence of this Insurance;and • Ii. The total of all deductible and self-Insured amounts under all that at her Insurance. , We will share the remaining loss, if any,with any other insurance that is not described in this • Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method of Sharing • Page 31o169 • 61•116 May 1,21Y4 revised one 22,2023 • • • 1 ' • • If all of the other insurance permits contribution by equal shares,we will follow this method also. • Under this approach each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits. Under this method,each insurer's share Is based on the ratio of its applicable limit of Insurance to the total applicable limits of insurance of ail Insurers. 6. Minimum Earned Premium In the event the policy I3 cancelled by the Named Insured,the minimum earned premium due'to us by the Named Insured shall be 3A)O%of the total annual premium. • In the event the policy Is cancelled by a premium finance company or by us,the minimum earned premium due to us by the Named Insured shall be ZS%of the total annual premium or the pro rata • earned premium,whichever is greater. 7. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. premium shown In this policy as advance premium is a deposit premium only.At the close of each audit period we will compute the earned premium for that period and send notice to the first - Named insured the due date for audit and retrospective premiums is the date shown as the due • date on the bill.If the sum of the advance and audit premiums paid for the Policy Period is greater • than the earned premium,we will return the excess to-the first Named insured. c. The first Named insured must keep.recards of the Information we need for premium computation, • and send us roles at such times as we may request - B. Representations By accepting this policy,you agree:. a. The statements In the Deciarationsare accurate and complete; b. Thosestatements are based upon representations you made to us;and c. We have Issued this policy in reliance upon your representations. { R. Separation of Insureds • Except with respect to the Limits of Insurance,and any right or duties specifically assigned In this policy to the first Named Insured,this insurance applies: a. As if each Named Insured were the only Named Insured;and b. Separately to each Insured against which claim Is made or Suit is brought Page 3.1 ai 6] 61.1111 May 1,2a24,w.twd ax c 22,IO23 gyI 10. Transfer of Rights of Recovery against Others to Us • If the Insured has rights to recover all or part of any payment we have made.under this policy,those • rights are transferred to us.The Insured must do nothing after loss to impair them.At our request,the • Insured will bring Suit or transfer those rights to us and help us enforce them. • 11.When We Do Not Renew If we decide not to renew this policy,we wilt mall or deliver to the lust Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed,proof of mailing will be sulfkient proof of notice. SECTION V DEFINITIONS • 1, Advertisement means a notice that Is-broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting 'customers or • supporters.For the purpose of this definition: a: Notices that are published include material placed on the Internet or on similar electronic means of communication;and b. Regarding web-sites,only that part of a web-site that is about your goods,products or services far the purpose of attracting customers or supporters is considered an Advertisement. L Auto means • a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any • • attached machinery oreyuipment. b. Any other land vehicle t hat is subjeCt to a compuksory or financial responsibility law or other motor • vehicle insurance law in the state where it is licensed or principally garaged. However,Auto,does not include Mobile Equipment_ S. Bodily Injury means bodily Injury;sickness or disease sustained by a person,including death resulting from any of these at any time. • 4. Coverage Territory means: } a. The United States of America,including its territories and possessions;or b. Anywhere else in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America,provided that I. We shall have the right,but not the duty to Investigate,defend,or settle any.ctaims or"suits" far"bodily Injury","property damage",or''personal and advertising Injury";and • meaaof63 • May i,AA rrdsedune 2:.20t.t • • � f • • • • li. If we do not exercise such right,you shall,under our supervision,make such Investigation and • defense as is reasonably necessary.Subject to our prior written authorization,you may also effect settlement.We shall,subject to all other provisions of this policy,reimburse you far the reasonable and necessary costs of such attlans;.andd pay damages determined In a Suit an the . merits or in any settlement to which we agree. c. Payment of loss under this policy shall only be made in full compliance with ail United States of • America economic or trade sanction laws or regulations,Including, but not limited to,sanctions, • laws and regulations administered and enforced by the U.S, Treasury Department's Office of • Foreign Assets(antral("AFAC . • 5. Emplayeeincludes a based Worker.Employeedaes not include aTemporary Worker. 6. Executive Officer means a person holding any of the officer positions created by your charter, constitution,bylaws or any other similar governing document. 7. fungi means any type or form of fungus,including mold or mildew and any mycotoxins,spares,scents or by products produced or released by fungi. d. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. • a. Impaired property means tangible property,other than Your Product or Your Work,that cannot be • used or Is less useful because: a_ It incorporates Your Product or Your Work that is known or thought to be defective,deficient, inadequate or dangerous;or • • b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: • a. the repair;replacement,adjustment or removal of Your Product or Your Work;ors. • b. Your fulfilling the terms of the contract of agreement. . 10. Insured Contract means: • • a. A contract for a lease of premises. However,that portion of the contract fora lease of premises • • that Indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner in not an Insured Contract, b, A sidetrack agreement; c. Any easement or license agreement, except In connection with construction or demolition operations on or within SO feet of a ra goad; d. An obligation,as required by ordinance,to Indemnify a municipality,except in convection with work far a municipality; • lit �ti� May 1.I132 ,+ewied unc 2.2,1023 • • • • e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your busyness (including an Indemnification of a municipality In connection with work performed for a municipality)under which you assume the tort liability of another party to pay far Bodily injury or Property Damage • to a third person or orga nizatlon.Tort liability means a liability that would be Imposed by law in • the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: I_ That indemnifies a railroad far Bodily Injury or Property Damage arising out of construction or demolition operations,within SO feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel,underpass or crossing; it. That indemnifies an architect,engineer or surveyor for injury or damage arising out of: • a Preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions, • reports,surveys,field orders,change orders or drawings and specifications;Of b. Giving directions or Instructions,or failing togve them,if that is the primary cause of the Injury or damage;or • iii. Under which the Insured,if an architect,engineer or surveyor,assumes liability for an Injury • - • ` or damage arising out of the Insureds rendering or failure to reader professional services, including those listed In (li)above and supervisory,Inspection,architectural or engineering activities. 11.Leased Worker means a person leased to you by a labor firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business.Leased Worker does not include,a Temporary Worker. 5 ' 12.Loadingor Unloading means the,handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or Auto; • { b. While it is In or on an aircraft,wateicraftor Auto;or c, While it is being moved from an aircraft, watercraft or Auto to the place where it is finally delivered; • but Loading or Unloading does not include.the movement of property by means of a mechanical device,other than a hand truck,that Is not attached tb the aircraft,watercraft ar Auto. 13.Mobile Equipment means any of the following types of land vehicles, including any attached machinery or equipment: - Par 3sadria C,t-Slit May 1,11123,rr iwi1.unc 22,21123 • • a. Bulldozers,farm machinery,forklifts and other vehicles designed far use principally off public roads; . b. Vehicles maintained for use.solely on or next to premises you own or rent; c. vehicles that travel on crawler treads; d. 'tehicies,whether self-propelled or not,maintained primarily to provide mobility to permanently _ mounted: • 1, Power cranes,shovels,loaders,diggers or drills;or li. Road construction or resurfacing equipment such as graders,scrapers or milers; • e. vehicles not described in a,b,c or d above that are not self-propelled and are maintained primarily . to provide mobility to permanently attached equipment of the following types: i. Air compressors, pumps and generators, including spraying, welding, building cleaning, • • geophysical exploration,lighting and well servicing equipment;or I. Cherry pickers and similar devices used to raise or lower workers; - } f. Vehicles not described in a, b, c or d above maintained primarily for purposes other than the V transportation of persons ar cargo. . . However,self-propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos: {: Equipment designed primarily for. a. snow Removal; - i b. Road maintenance,but not construction or resurfacing;or . c. Street cleaning • ii. Cherry pickers and similar den ces mounted on automobile or truck chassis and used to raise or lower workers;and iii. Air Compressors; pumps and generators, including spraying, welding, building cleaning, geophysical exploration,lighting and well servicing equipment: However,Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law In the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicles insurance law are considered Autos. j . 14. Occurrence means an accident,disaster,casualty or event,including continuous or repeated exposure to substantially the same general harmful conditions. Free 36 cf 6# GI-111I May 1,21Y,24,sr iscd Xssie k2,1lz 5 I 3 • In the event of continuing or progressively deteriorating damage over any length of time,such damage shall be deemed to be one Occurrence, and shall be deemed to occur only when such damage first commences. • 1S.Personal and Advertising Injury means Injury.including cansequentiat Bodily injury,arising out of one or more of the following offenses • a. False arrest,detention or imprisonment; • b. Malicious prosecution; • c. The wrongful eviction from,wrongful entry Into,or Invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or an behalf of its owner, landlord or lessor, • • d. Oral or written publication, In any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services; e. Oral or written publication,in any manner,of material that violates a person's right of privacy; • f.• The use of another's advertising Idea in your Advertisement;or g. Infringing upon another's capyright,trade dress or slogan In you Advertisement. 16. Policy Period means the period from the Effective Date of this policy stated in the Declarations to the • Expiration Date stated in the Declarations or the date this policy is canceled or otherwise terminated • if the policy is canceled or otherwise terminated prior to the Expiration Date 17. Pollutants mean any solid,liquid,gaseous or thermal Irritant or contaminant,Including smoke,vapor, • soot, fumes,. acids, alkalis, chemicals and waste. Waste includes materials to be recycled, • - • - reconditioned or reclaimed, 18.Products completed Operations Hazard: a. Includes all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Precinct or Your Work except: • I. Products that are still In your physical possession;or li. Work that has not yet been completed or abandoned.However,Your Work will be deemed completed at the earliest of the following times: a. When all of the work called for in your contract has been completed. b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site, • Pap rtof6 6L-111! May 1.MA revised the ti!..U23 li • • • c. When that part of the work done at a Job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the • same project. Work that may need service,maintenance,correction,repair ar replacement,but which is otherwise complete,will be treated as completed • • b. Does not Include Bodily Injury or Property Damage arising out of: • i_ The transportation of property,unless the Injury or damage arises out of a condition In or on a vehicle not awned or operated by you, and that condition was created by the Loading or Unloading of that vehicle by any Insured; Ir. The existence of tools;uninstalled equipment or abandoned or unused materials;or fit. Products or operations for which the classification, listed in the Declarations or In a policy schedule, States that products•campleted operations are subject to the General Aggregate Limit. • • • ID. Property damage means: • a. Physical injury to tangible property,including all resulting loss of use of that property.AU such loss • of use shall be deemed to occur at the time of the physical Injury that cause 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 Far 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,CUROMS,tapes,drives,cells data processing devices or any other media which are used with electronically controlled equipment. ZO.Punitive or Exemplary Damages include damages which are awarded to punish or deter wrongful conduct,to set an example,to fine,penalize or Impose a statutory penalty,and damages which are • awarded far any other purpose other than as compensatory damages for Bodily injury or Property Damage 21.Suit means a.civil proceeding in which damages because of bodily Injury, Property Damage or • Personal and Advertising Injury to which this insurance applies are alleged.Suit Includes: • a. An arbitration proceeding In which such damages are claimed and to which the Insured must submit ar does submit with our consent;or • b. Any outer alternative dispute resolution proceeding In which such damages are claimed and to which the Insured submits with our consent. • • • • • Pala 38 cf 43 • d till May 1,2t715,remsed Xxie ,2025 • 22. Temporary Worker meansa person who is furnished to you to substitute for a permanent Employee on leave or to meet seasonal or short-term workload conditions. 23.Volunteer Worker means a person who is not your Employee;and who donates his or her work and acts at the direction of and within the scope of duties determined by you,and is not paid a fee;salary • or other compensation by you or anyone else for their work performed for you. 24.Your Product: • a. Means: • I. Any goods or products,other than real property,manufactured,.sold,handfed,distributed or • disposed of by: a. You; • b. Others trading under your name,or c. A person or organization whose business or assets you have acquired;and II. Containers(other than vehicles),materials,parts or equipment furnished in connection with such good or products. • b. includes: I. Warranties or representations made at any time with respect to the fitness,quality,durability, performance or use of Your Product;and -. ii. The providing or or failure to provide warnings or instructions. c, Does trot include vending machines or other properly rented to or located for the use of others :.. but not sold. • 2S.Your Work a. Means: • I, Work or operations performed by you or on your behalf;and ii. Materials,parts or equipment furnished in connection with such work or operations. b. Includes • i. Warranties or representations made at any time with respect to the fltness,quality,durability, performance or use of Your Work;and IL The providing of or failure to provide warnings-or instructions. SECTION VI is GENERAL POLlet COfNDITIONS • AU Coverage Parts included in this policy are subject to thefollowing conditions: • Page f1 sf B3 61-1111 May 1,IAA w tsed Attie k2 I1:123 k ' • • A. Changes This policy contains all the agreements between you and us concerning the Insurance afforded.The first Named Insured shown in the Declarations Is authorized to make changes In the terms of this • policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. • IL Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the Policy Period and tip to three years afterward. C. Inspections and Surveys • 1. We have the right„but not the obligation to: • a. Make inspections and surveys at any time; b. Give you reports on the conditions we find;and • • c. Recommend changes. • 2. We are not obligated to make any inspections,surveys,reports or recommendations and any such actions we do undertake relate only is insurability and the premiums to be charged.We do not • make safety inspections.We do riot undertake to perform the duty of any person or organization to provide for the health or safety of workers or the pubtic. And we do not warrant that condition: a. Are safe or healthful;or b. Comply with laws,regulations,codes or standards. • 3. Paragraphs 1 and 2 of this condition apply not only to us,but also to any rating, advisory, rate • service or similar organization which makes insurance inspections, surveys, reports. or • recommendations. s _ 4. Paragraph 2 of thls condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations;of bolters,pressure vessels ar elevators. • G. Premiums . • s. The first Named Insured shown In the Declarations. 1, Is responsible far the payment of all premItims;and { 2. Will be the payee for any return premiums we pay. • • P2642 O of 69 61-111) May 1.2114 rreised lbac 22,A 123 • E. Transfer of Your Rights and Duties under This Policy • • Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. if you die,your rights and duties will be transferred to your legal representatives but only while acting within the scope of duties as your legal representative.Until your legal representative is appointed, • anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. END OF POLICY FORM FORMS AND ENI)ORSEMEIT WHICH ARE PART OF THIS POLICY ARE ATTACKED :. • • n . • • • • Page ei of G3 4ii llr! 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[A A: fl: 0 c i i y , 1:;ii • and "by-product material"have the meanings given them in the Atomic Energy Act 105,4 or in any law • amendatory thereof;"spent fuel"means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation In a nuclear reactor;"waste"means any waste material{1)containing by-product material and resulting from the operation by any person or organization of any nuclear facility • Included within the definition of nuclear facility under paragraph [a)or{b) thereof: "nuclear facility' • • • means: • • • • i. any nuclear reactor, • • • d. any equipment or device designed or used for {i) separating the Isotopes of uranium or • plutonium,{2)processing or utilizing spent fuel,or{31 handling,processing or padraging waste, • ill. any equipment or device used for the processing,fabricatingor alloying of special nuclear material • • • if at any time the total amount of such material in the custody of the insured at the premises • where such equipment or device is located consists of or contains more than 25 grams of • plutonium or uranium 233 ar any combination thereof,or more than 250 grams of uranium 235, iv. any structure,basin,excavation,premises or place prepared or used for the storage or disposal • of waste, • • • and includes the site en which any of the foregoing is located,all operations conducted an such site • and all premises used far such operations; "nuclear reactor"means any apparatus designed or used • to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable • material. With respect to Injury to or destruction of property, the word"Injury" or `destruction' • includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary,this • • clause is subject to the terms,exclusions,conditions and limitations of the policy to which it is attached. • • • All other terms and conditions remain unchanged. • • { Page a7 of 63 0.-110 May 1.03,ry ised Amu 31,1on • \ owor PIS __--___--__ � - n .'i..1 ... ::, ,4 'e% ,,: , ',,i, t •' - 104.0.4,000110.1 'tt t.; 'fl j ) „,., '1•1 i _ 141..*::•,!,. .: ,7..10#;,,',,,,,':t.0:!:,,J.,,,,'t:Ptig :.-1 •, ' *E4****:'1:-.4: *:;:.•*tilk 4 i ;1 Thlt#114a6,601014.46-411Attf000,1410.*Si4k . 1 .:,. l'61:SPOil*:.464$00011 ' .. 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''ial**7.10 '7.-:41t-1.ii4ii0:6'151*44: :*:61,,...-WO0.,..411 igl 0.0P4Cr,4, ::EW'Oi:..4etirrijiijiai*ijiiOee4$iii*tii,iOrli4*0,0114'.:*f4f:*Ot;Ttt4*0.0t.IOAI**t ii • .;i. f .. *****0 .1iiialtik iiiiii4***40:044.7 - 1 i.4eeiri*::ct4':WpAiWrtiiki'..W4:16* i**:44t*:'ra::iroe.2ieo**::wiskit*iaA1t . - 1 - '-.3wrii6ditit#04;4450.ifreOlki.40#0080,0*-thdektatr*-.0011.*OF-41-- ' - , :tti•-ei4ifna•:'-..,,iiifi*:444e7iii0444•4:00..04#.0.014:010.*:1014044-ooiiiii*-- 11 i m iiViiu0:4iiii4441i4.W44rio.**44-.kwiiltiiii4,'100ko*:::*:*;.4400e ilj *moots . . I :..,. '-ti• ?fatriP0.00.04,44 .410#0.0:0itittb.10:0040.*404-.;400:41t**1-04:0****, i . . ,. ••'A 4:i*4'*adijtttifift446rkki6Wiiiilfifiii'4**iteci**lrqu,10A**-k*'*t ,A ',"iefi4Aliiii4ti4W4.4tikkogegf000gi: f000*wojk, , . il 5! .foi,i-ot Aiiiiii,34,401N-0,0i.**04:44:, 1 W. I.-A,,,....--.,,,,,,,-;,, ,4,,,,,,4.4•'.':, .,4*:..C`Nr ,-;.V.,,,:..Q.;7,7:.•":%: .' resorts,dive operators and other vendors of•travel or recreational services: • 4. ADDITIONAL EXCLUSIONS. The coverage provided by this endorsement Ls subject to all of the exclusions found in the policy. If an exclusion found In the policy is limited to excluding coverage for • Claims alleging BODILY INJURY or PROPERTY DAMAGE arising From a specified cause of lass, for • } purposes of the coverage provided by this endorsement the exclusion shall be deemed to exclude coverage for any Claim made in connection with any loss,injury,damage,cast or expense of any sort arising from the specified cause of loss. • The coverage provided by this endorsement also is subject to the following exclusions: No coverage Is provided for any Claim: a. Arising out of BODILY INJURY or PROPERTY DAMAGE; b. Arising out of the cancellation or any change In travel arrangements by an airline,cruise line, • transportation service,agency,dive operator,tour operator or other vendor,service provider or • carrier; c. Arising out of a change in travel or other plans by a PARTICIPANT or other person; • d. Arising out of any order or other action of any governmental authority or any change in law or • regulation or change in any policy of any governmental authority; e. Arising out of the failure of an airline, cruise line, transportation,service, dive operator, tour operator or other vendor, service provider or carrier to provide the bargained-for travel or recreational services or refund money due to any person, unless the Insured had actual knowledge prior to booking that such vendor,service or currier had previously failed to provide bargeIned•far travel or recreational services or to refund maney far such services when a refund was due; f. Anslrg out of the Insured's violation of any consumer fraud, consumer protection.•consumer • privacy, unfair trade or deceptive business practice or statutory or common lane unfair competition; • g. Arising out of any dishonest,fraudulent,malicious or criminal act or omission of the Insured; Arising out'of bankruptcy,insolvency,receivership,liquidation and/or cessation of operations of any Insured or other entity that any Insured owns,controls or manages,or in which any Insured has a financial interest. This exclusion does riot apply to any unrelated third party travel supplier. • i. Arising out of any m isquotatio nor m isstatement of prices.or applicable taxes or costa,cancellation provisions.payment terms,pricing changes,failure to secure promotional offers,or any dispute with respect to fees or charges; I. Arising out of any act,error oromission relating to the recommendation,sate,maintenance,or procurement of any insurance policy or bond ar Investigation, adjustment or outcome of any Insurance claim; Paget*arri ' .61-111} May I.2U;lI,remsed.tsrie 22.2013 • • • k. Arising out of the gaining of profit or advantage to which the Insured was not legally entitled; 1. Arising out of any'violation of the Fair Labor Standards Act or any smiler federal,state,or local law pertaining to working conditions,hours,employee benefits,or wages; M. By: • 1. An employee of the Insured arising out of and in the coursed; • I. employment by the insured;or tl. performing duties related to the conduct of the Insured's business;or • • 2. The spouse,child,parent,brother or sister of that employee as a consequence of Paragraph • • 1 above.This exclusion applies: • 1. whether the Insured may be liable as.an employer or in any other capacity;and • II. to any obligation to share Damages with or repay someone else who must pay Damages; • n. Arising out of an Insured's acts or omissions in the administration of any employee benefit program or as a fiduciary in connection with any employee insurance,retirement or pension plan,including but not limited to any alleged violation of the Employee Retirement income Security Act of 1974 and its amendments,or any similar state or local laws,or any regulations or orders(slued In connection therewith; o. Arising out of any actuator alleged: • 1. Failure to employ; • 2. Termination of employment,including actual or alleged constructive dismissal; 3. Breach of employment contract; • 4. Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, • humiliation,discrimination,employment related misrepresentation, employment related emotional distress, retaliation, or other employment related practices, policies. acts or omissions;or • S. Any consequential liability,damage,loss,cost,or expense as a result of 1,2,3,or A•above; p. Against an insured by or on behalf of: 1. Any other insured; • \ 2 Any entity: 1. which Is owned,operated,or controlled by the Insured; Page S9 of - Gi-110 May 1,1d1 ,revised Axle 3lrt3 j E, • • • • U. which owns,operates,ar controls the Insured;or • which is affiliated with the insured through any common ownership,operation or COMM • • I;or iv. In which the Insured Is a director,officer,partner,trustee,shareholder,member, • • manager,or employee;or • • 3. Any business enterprise,charitable organization or pension,welfare,profit sharing,mutual or investment fund,or trust owned or sponsored by the Insured; q. Arising out of the rendering or failure to render any medical, dental, surgical, nursing, or therapeutic service of treatment,. or from the furnishing or failure to furnish arty drugs, medications, medical, or dental supplies or appliances, or out of the Insured's negligence in screening, selection, hiring, retention, training, instruction, or supervision of•any employee, officer or partner of the Insured or any other person or organization engaged In providing or . failing to provide such services, However,this exclusion shall not apply to any medical services which are rendered as emergency first aid treatment at the time of an accident; r. Arising out of the breach of any employment agreement, non-competition agreement. non • - solicitation agreement,confidentiality agreement;fiduciary duty,or duty af loyalty on the part of the Insured or any past, present or prospective employee, independent contractor, director, • officer,partner,or shareholder of the Insured; • s. Arising out of the booking, leasing,sale,rental or management of any TIME-SHARE properties. 7his'exclusion does not apply with respect to incidental travel arrangements made by the Insured on behalf of travelers to or from such TIME-SHARE properties. Incidental travel includes airline ticketing,automobile rental and ground transportation. TIME-SHARE means a system for sharing ownership of any apartment, condominium, villa or the like as defined In the time-sharing agreement. t. Arising out of the sale, rental, or distribution of any sports or recreational equipment by the Insured, including but not limited to ski equipment, bicycles, rafts,snowmobiles; and SCUBA diving and snorkeling equipment; . u, Arising out of any commingling of rnorvey,or the inability or failure to pay or collect money or the • value of mileage points,vouchers,travel credits,or other negotiable instrument.for any reason, whether an the part of the Insured,or any other party,including but not limited to unauthorized • or illegal credit card transactions,debit memos,commissions,profits,or refunds and bankruptcy, • insolvency,receivership,liquidation or cessation Of operations; • v. Arising out of Internet technology services provided by the Insured,Including but hot limited to the transmission of computer viruses,corruption of databases,misappropriation,alteration,or deletion of data or harm to the Integrity of a computer system_However,this exclusion does not • apply to any act or omission Involving researching travel related information,placing reservations, • or communication by electronic mail by the Insured as part of the Insured's TOUR OR TRAVEL AGENCY SERVICES. • • Page 60 al 63 • G1.1,10 May 1,211/3,revised Azle .16.2s • • • . • • S. ADDITIONAL CONDITIONS. The coverage provided by this endorsement is subject to all of the terms • and conditions found In the Policy,except as expressly modified herein,and the following additional • conditions: • - 1d. This coverage is excess to any other insurance maintained by any airline, hotel, resort, dive operator,concessionaire,vendor or sub-contractor or other person who provides services to the • Insured or a PARTICIPANT. Any Claim under this endorsement will only be paid if the Claim has been wholly or partially • denied by such airline,hotel,resort,dive operator,concessionaire,vendor or sub-contractor or • other person,or Its insurer;and if partially denied,payment will be limited to the unpaid amount to the extent such amount is covered under this endorsement. Should a Suit arise based on the interpretation or enforcement of this endorsement,any auline, hotel,resort,dive operator,concessionaire,vendor or sub-contractor or other person who may have primary liability ftrr the Claim shall be a necessary and indispensable party, • • All other terms and conditions remain unchanged, • • • Page 61¢fdo i-Iui, May 1,1D1A,reYiledusne?2,1015 • , . .. . •. .it. .. 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Ii.,— i.. ,. . , C.,p ®: iwglMMailm. `/lfj ,d►c2vttt CERTIFICATE OF LIABILITY INSURANCE 05M11l2024 �THI�TIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS.NO RIGHTS UPON THE CERTIFICATE•HOLDER'THIS •• CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY.AMEND, EXTEND OR ALTER.THE COVERAGE AFFORDED BY THE POLICIES i BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT,BETWEEN THE ISSUING INS1RER(S), AUTHORIZED REPRESENTATIVEORPRODUCER,.ANDTHE°CERTIFICATE,HO.LDER. -- • IMPORTANT If the certificate holder Is an ADDITIONAL INSUREDA the policy(ies)must have ADDITIONAL INSURED provisions orbe endorsed; If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may-re`qulre:ansendorsements A>statement on this certificate,does:..not'confertightsao the.cert)ficate=holder('Dieu o(such endOrsement(s). PRODUCER CONTACT RachelleWAght: DA�I Sernces Inc' PHONE 9194902934 Fes' 91"3..490-2935= OW• Colony,Place NC No:ExQ tart.Nol. .. Durham,NG,27705;; EMAIL Iiseaityinseranie jaari«g .. ADORES9f. • 'INSURER(S)AFFORDINGCOVERAGE: . NAIC.)1. .,..: 15920 JNSURER`A .DAN'RiskRatenOoiiGroua: INSURED Sundivei: INSURER We. 182 North t+lanna D[Ge INSURER C Long,Beach,'CR 908O$ .INSURER D - -- INSURERE2z . .. .. • . INSURERF. COVERAGES CERTIFICATE-NUMBER: REVISION:`NUMBER: • •THIS ISTO'.CERTIFy,THAT THE POLICIES OF.INSURANCE LISTED BELOW'HAVE BEEN•ISSUED;TO THE INSURED NAMED ABOVE,FOR THE'POLICY,PERIOD; ' INDICATED,.NOTWITHSTANDING ANY REQUIREMENT;TERM OR CONDITION:OF ANY:CONTRACT OR OTHER.DOCUMENT:WITH,RESPECT TO:WHICH THIS CERTIFICATE MAY BE ISSUED"OR MAY-PERTAIN,THE,INSURANCE AFFORDED BY THE FOI.:ICIEa DESCRIBED'HEREIN IS SUBJECT TO ALL THE.TERMS;. EXCLUSIONS AND:CONDITIONS'OF.zSUCH POLICIES.LIMITSiSHOWN MAY HAVE;BEEN;REDUCED BYPAILI`CLAIMS. INSR• ..� -•• ,,• •.. ADDL$UBR• -.:, .FOLIC@EFF. POLICYEXR•. .._... 1iR.';. ... TYPE OF INSURANCE INSD W'JD'. POLICY'NUMBER: (MMIDO/YYYYt '(MMIDOIYYYY►': LIMITS COMMERCIALGENERALLIABILnY : EACH'OCCURRENCE 'S:000.000' ELATED CLAIMS•MAOE X :OCCUR: Y- GU10.122721 tl5/1112014 05111/2025 P EAAIISESO(Ea ocar%iiceT S=i00,000 'MEDEXR(An onapersnri) S;i0A00: PERSONALS'ADYINJURY (.S1,000:000. GENLAGGREGATELIMITAPPLIESPER; GENERALAGGREGATE' 52:000;000: POLICY'jE� nLOC :PRODUCTS-COMP/OP'AGG 51;000,000 OTHER S CO•MBINEO SINGLE LIMIT >AUrOMOBILEL'IABILRY ; (Ea:acdderdl ANYAUTO 'APPROVED!AS TO FORM PILY INJUItir(Per w49,0 $ OWNED "^SCHEDULEQ SODILYiNJURY(fYeracdident) S. AUTOS ONLY AUTOS qi HIRED •NON+OWNED: pp "' •- PROPERTYDAMAGE AUTOS ONLY. tM (Per acddenl) ' $' I _,AUTasoNLr MICHAEL JNIdLIOTA. s. • r ATTORNEY' ! UMBRELLALUAa OCCUR CITY EACHOCCURRENCE S` EXCESS . • f CITY OF.HUNTINGIONBEA.CH .CLAIMS4IADE AdONEGATE $` DED I,RETENTION S WORKERSCOMPEosivraON 'PER•-: OTH- ANDEMPLOYERS'LU1e1111'Y Y.'f•N : STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTNE Nf`A ELEACHACCIOENT '$ OFFICEWMEMBEREXCLUOED71:21 ' EL:DISEASE.=EA EMPLOYE S; 9 (blandaldry•In NH) E Ii.Yess,,desu de mxlei.. @I z.DI, .,,, .. .. LiMr, .S, DESCRIPTION OF:OPERATIONS bet= • • DESCRIPTION OF OPERATIONS/LOCATIONStVEHICt.ES(ACORO101 1tiddittonalRemarksSche'dole may tie'attachedli'ifaiifpace;(aregetrod); Primary and.Nlon Contributory;apply t4;GL1'1a-122721 Additionallnsured.'halide:City,of Huntington Beach,•its officers,elected orappointed.officials,employees,,agents an.,volunteers„. CERTIFICATE..HOLDER: CANCELLATION .. . . City Of Huntington Beach SHOULD ANY OF TI-IS ABOVE DESCRIBED P,,OLICIES:iBE.CANCELLED,BEFORE; 2000 Maln SL THE EXPIRATION DATE THEREOF, NOTICE'WILL.•BE DELIVERED IN Huntington Beach,,:CA;92648 ACCORDANC,E'WITHTHE:FiOLtCY PROVISIONS Slatted States • mmoriQEp;REPRESENTATNE .. • r I j: ;I - _ .: Q:1988 2016:AC.ORD CORP.'ORATION. Aifrightsreserved ACORD 2s(2016f03) The;ACORD(tame d logo-are registered marks of ACORD' , . . ....._.„... . _ .. . „ „,........ ..,. . . ..._.„..... .. . ,„ . ......... ..„„...,.--. , „„ , . • , commER-c.--(A6EtiikALillASSI11114,-..lik„,$011A....N....0',.."."''SV2-r...7: ..... ... ... ,.. 110DAN UNDERWRITER; DAN RISK RETENTION GROUP,INC. offeteciliirttugh tiA4iSkilCE.$:.44C.,:•." . ... . RISK RETENTION GROUP "NAIC NO 15928. SCCOPoiliiiiff COttEr-i07646 .• 6‘titi.,61ortrP1p,cp,,,Siiite:2040nthatit NC27705 . . . . I DECLARATIONS PAGE ... . , • . , Nainartinsirnid Sinidivor. ' — • Eqpt:1'114' Nutriboii ' 1Gtticf,;1z2.12,I., „.. „... ,, ,, ,..,.. ....„ 14'0.11gylicildcy.11),;.. 3014520, ••,, , ee Policy for full riestiiptign:At terms, Address. i8 .1•iP4frtviaritri P.-,17-Yi!.. Cliy;:siaqi„Zip. Long leatir,pC9080o• 1'1- It Iiiitititiobt&exoluitons: :VI PO 419nsr •• . , '. . ciEssaipTlOnlaroPERATIONS:, . . „•••. , • •, . ••. .. . . ,,,,,,....v ,,AT,IikOkeirnWsWatait: e4 , ,, , Generailiabilitv. . $880,95' " ' trouCtpEptoa ,. . . .. . . . . Effictive Dater. . . Expiration Dater- . - „ .11-IttaVi074. 1:1.-Mair-1025' .••' • -..' . , . •. ' ' 12:01ittvid . ..ii:DIAM Er . . , . .. . • , . 1 . I • ,Taxdi[andAdminitrative Fee , :$16905".... _ . • .. i. • ' '" 70TALPREMIUM. . . . .$1,050.06_,1 •MinormumiRotainaci:4110% ' ' • '' In ,.19(tpeptiymerittlf the PreisnOin.siortse4b...te>ttfe,,.#,YSterms Of thiA°1194 exchange'-' .sif- e.ci 41'c'eiti et"i 6 v"life,the"int uranctaritated•iiithfspolkih. . -. . . , LOCATIONSTei WHICH THIS POLICTAPPLIES. FORMrpF;BkIsmEss corporation • 111 • • ' . " • -.-- - - .•, ,..„--i. ,„..,.:;-,,,;-, -;..,. ,, ...'`,",;!...,,,$titiEouto4IF,,pgpv-sppLE..s.. LIMITS OF ::.,,- ,,,.1.,,R '''..-J- : - ''-','...,.- , -.,,-.,,..4, - , IdqNrigg.41,g,i1s0 Deductible $9,99: General Aggregate 04,05.9,99.*- •.',„ . EaCh OCCUrNIKC d$i CiObito ,.%'I ernii11,c0441PIii0*0Peritidn'Ore: 0SOp000000: IA . :t, jPersonal•F:Ad!'91t.§114 ii9'UtY. usi;poo,,000- .•ri .., Damage to Rented to You iisS100:000 L . . Medical Expense Per PersOFLOW911.• ePelS9111 U .$itY&Xi . ,.. ..,. ' S0186010FlitititOIANO,4:, r ' ' . IENDORSEM ' ' --• ' - ' '' —' . ' P4N.SPrIt.,Ice0:11.5i.. SEND CLAIM kfiTiOltAlititiS TO Fax..pilt 4 Pq;•29.,3 S' ,.. ......... ,.. . . , . E,Mait:liablittydainisbaan.003' Nptice.This policyii issued by your Risk Retention droop?YourRisk Retention Group may not be subject to all of itidins Orance•,laWs.ancti'agOla00*of your state State insurance insolvencyp4ranty funds are not available for.. your itislc itet00'qroup, , . ... . n. . . , . . . , 1 itilay=i024 Per‘ : . . ,. Willis,. i•ziene,DAN Services inc. - -7•-• we: .31-ilay-iO4 Agoitjaroker . .. . : . liohoe.,12..wo.sh,t;,§..w..catany place;ournairoc...z77,05.... ' ' .. i... ilteitielt Wisltot. •, . i..',. iiie:Instge4(i requested to'r.dadtliivdeilarailpn!page;and if inariietrieturniOnnledotOstf9r.41-PrOTili., •. iiiS:iidaittONTAINS:#CLPSE(S)Vtitikif tol4iLiMF.79-1 E'Als,4 0tiiitt Pi:tYABLE., Tilts Poitt-v DOES Not All,TOMATIPIAY.ITgw.. ,.., • . . .,.- . , . • • • • - "� "CpMMER�IALG#IVfERAf.LtABiC(I�FaINSURANG�...�--` �y�.:,, , • UNDERWRITER: RAN RISK RETENTION GROUP,INC. • 'DAN'~ (hereinattercatted,the insurer"}offered through UAN SERVICES,,,INC RiSKRETENTION GROUP' NAIC.NO.15925 SCCOMPANYCOAE2 764a ti VIt..Colony Place;5uite200,Durham„NC:27 7.05 DECLARATIONS PAGE. • Pali Number 6L110-122721, ' ;Nartiedthsured :�:5undiYer �� y Poliicyholder ID 3014520 Address 181 North Marina Dive, See Poiicy for a fait description of'terms,: City,.State,2tp Long Reach,CA 90$03 ,3 mndt#ions,Ifimttations&exclusions NAME ADDRESS CITY STATE ZIP •AECOM 599WTawanunyRoad Orange CA,. 92868. BancapSea`portVlilagerdbaAtamitos•Bay 192Marina;D0ve tongBeaeh; CA 90801 Landing andfiancapCommerclalRealEstate: Service • City of Huntington Beach ;2000MatirSt Huntington Beach CA: 926d8' City ofiong6,each.anditsrBoards `411W.OceanBIVilIcth:Floor Long Beach ,CAt 9080 Coinin14s1o7 :Offlcials,,Agent,aitd . Employees- • • `Force Quit•Productions Inc Y890 DanaSt Glenda CA 91201"" Marine Solutions t2251ndus4VParktvay' . Nichalnsville K11,. 40356 • professional•Assadetlon:oft)tutng 34151T4mas: AanthoSanta'Margarita ',CA 92688 :Instructors. _ _ _... .. ..,.. ... Tf €,i THIS ENDORSEMENT°MODIFIE T'HE COMMERCIAL GENERAL LIABILITY:INSURANCE POLICY {FORM'GLIt)8) EN DORSENIENT PRIMARY AND NONCONTRIBUTORY OTHER INSURANE CON1DITION; THIS ENDORSEMENT CHANGES THE POLICY; PLEASE READ IT CAREFULLY;; This endorsement trodifies.insurance provided under the:following: COMMERCIAL GENERAL LIABILITY SECTION IV CONDITIONS,PARAGRAPH 5—; Other.%Insurance. The foliowingis added to Conditions,Paragraph 5 Other Insurance and supersedes any provision ta;the contrary: This;insurrance is primary to and will not•seek contribution from;any other insurance available to ar additional insured under your policy provided that.' 1. The additional insured is afiamedinaured under such other insurance;and 2 You have agreed in writing in a contract:gr agreement that this insurance would be primary ands. „u. ... .: . . "�. would:notseek contribution from any otherinsura�xce avadable tothe additiQnalansured 3. This endorsement refers to policy Gr=I 1 a-1 2721: 4.;Additional Insured include City-of Huntington:Beach,its officers,elected orTappointed officials, employees,agents and,volunteers. Ali other terms;and conditions remain.unchanged. 40555050:w. • £ C li 3 ,J..3- A Y,' it fx I . : . peraqe: ,"u� tlr txf�ixnanne� •aiti' � kt)* %lt(s)fbr.AV: -tilt$, en s - _ • • d 1 I wth+ari �i ui'�ituatin on Beach to`uiunediat t �ud"rctroacuve1Y+'rev :' - ... ` lime or ennnt issued_in connection•with or in the er ©f saiii"tasks} E. .CT.:Cvant(s) "sy veluelr s)is us i� 1 1 y t ame ifa ol►�wbka 1 J\" + . 'f -,.,:)-.,7,;.-...:Q••..:•,i,,.,..„.••.-.,L,•-.,•,„'-;,.„.,,4:,•..,,•...,,....;,•.!.,V\ " , F t $f .' 4' 2 ��y s ;. •• • • • g. w ot. • ,d .. a,- ' a„om a� c,. . f •.; S: ,y a t Y' as o , I"� *, f� n k a, pq? 1 Iye '"� � • • • • 4k E dmo a s• . 7 d' he y.• +'° °'• t „." s + ,xt.. k'dems, T` ea ` , z '�" �� g• d b�': a 'gC a > 3 sv,_ ®Y at8 c }[ nr: ; g i zA s ue. 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COMMERCIAL GENERAL LIABILITY INSURANCE Issued By: DAN Risk.Retention Group,Inc. DAN RISK RETENTION GROUP Page Laf 63 r ,G1.-110 May 1.2023 COMMERCIAL GENERAL LIABILITY INSURANCE MANDATORY FORMS AND ENDORSEMENTS SCHEDULE The following forms and endorsements apply to all policies of insurance. EXCLUSION-ADDITIONAL EXCLUSIONS 41 EXCLUSION-BIOLOGICAL OR CHEMICAL MATERIALS 42 EXCLUSION-EXPOSURE TO SANCTIONS 43 EXCLUSION-FIREARMS,FIREWORKS AND OTHER PYROTECHNIC DEVICES AND EXPLOSIVES 44 EXCLUSION-NUCLEAR INCIDENT LIABILITY 45 EXCLUSION-RADIOACTIVE CONTAMINATION 47 EXCLUSION-RADIOACTIVE CONTAMINATION AND EXPLOSIVE NUCLEAR ASSEMBLIES 48 EXCLUSION-SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION 49 EXCLUSION-CYBER INCIDENTS 50 EXCLUSION-COMMUNICABLE DISEASE 51 U.S.TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED 52 U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL("OFAC")NOTICE TO POLICYHOLDER 53 ( 6 Page 2 of 63 GL 110 May 1,2023 COMMERCIAL GENERAL LIABILITY INSURANCE OPTIONAL FORMS AND ENDORSEMENTS SCHEDULE The following forms and endorsements will only apply if an additional premium has been paid and the form or endorsement has been attached to an individual certificate of insurance. DESIGNATED LOCATIONS ENDORSEMENT 54 LAKES AND QUARRIES ENDORSEMENT 55 TOUR AND TRAVEL AGENT LIABILITY ENDORSEMENT 56 SCHEDULED WATERCRAFT LIABILITY ENDORSEMENT 61 WATERCRAFT SCHEDULE 62 It Page 3 of 63 May 1,2023 GL-110 DAN RISK RETENTION GROUP, INC. NAIC No.15928—SC Company Code:207640 (The"Underwriter") COMMERCIAL GENERAL LIABILITY This policy Is issued by your Risk Retention Group. Your Risk Retention Group may not be subject to all of the insurance laws and regulations of your state.State insurance insolvency guaranty funds are not available for your Risk Retention Graup. NOTICE: THIS IS AN OCCURRENCE INSURANCE POLICY.AS SET FORTH BELOW,COVERAGE UNDER THIS INSURANCE APPLIES ONLY TO OCCURRENCES WHICH TAKE PLACE DURING THE POLICY PERIOD.NOTICE OF AN OCCURRENCE MUST BE GIVEN IMMEDIATELY. PLEASE REVIEW THE WORDING OF THIS POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words"you"and"your"refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy.The words"we", "us"and"our"refer to DAN Risk Retention Group, Inc.,the company providing this insurance. The word "Insured" means any person or organization qualifying as such under Section II—Who is An Insured.Other words and phrases that appear in quotation marks or bold type have special meaning.Refer to Section V—Definitions. 5 In consideration of the payment of the premium and in reliance upon the statements in the NAMED 5 INSURED's application, which is made part of this policy and subject to the insuring agreements, Declarations Page,coverages, definitions, conditions,limitations,warranties, exclusions, and authorized endorsements to this policy,the NAMED INSURED and the Underwriter agree as follows: SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement 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 duty to defend the Insured against any Suit seeking those damages. However,we will have no duty to defend the Insured against any Suit seeking damages for Bodily Injury or Property Damage to which this insurance does not apply.We may,at our discretion,investigate any Occurrence and settle any claim or Suit that may result.But: 3 Page 4 of 63 GI-110 May 1,2023 gd i. The amount we pay for damages is limited as describe in Section III—Limits Of Insurance;and ii. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage 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 A and B. b. This insurance applies to Bodily Injury and Property Damage only if i. The Bodily Injury or Property Damage is caused by an Occurrence that takes place in the Coverage Territory;and ii. The Bodily Injury or Property Damage occurs during the Policy Period. iii. Prior to the Policy Period, no Insured listed under Paragraph 1. of Section II —Who Is An Insured and no Employee authorized by you to give or receive notice of an Occurrence,claim or Suit, knew that the Bodily Injury or Property Damage had occurred,in whole or in part. If such a listed Insured or authorized Employee knew,prior to the Policy Period,that the Bodily Injury or Property Damage occurred,then any continuation, change or resumption of such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have been known prior to the Policy Period. c. Bodily Injury or Property Damage which occurs during the Policy Period and was not,prior to the Policy Period,known to have occurred by any Insured listed under Paragraph 1 of Section II-Who is An Insured or any Employee authorized by you to give or receive notice of an Occurrence,claim, or Suit,includes any continuation,change or resumption of that Bodily Injury or Property Damage after the end of the Policy Period. d. Bodily Injury or Property Damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under Paragraph 1.of Section II—Who is An Insured or any Employee authorized by you to give or receive notice of an Occurrence,claim or Suit: i. Reports all,or any part,of the Bodily Injury or Property Damage to us or any other insurer; ii. Receives a written or verbal demand or claim for damages because of the Bodily Injury or Property Damage;or iii. Becomes aware by any other means that Bodily Injury or Property Damage has occurred or has begun to occur. e. Damages because of Bodily Injury include damages claimed by any person or organization for care,loss of services or death resulting at any from the Bodily Injury. 2. Exclusions tl This insurance does not apply to: Page 5 of 63 GL-110 May 1,2023 3 a. Expected or Intended injury Bodily Injury or Property Damage expected or intended from the standpoint of the Insured.This exclusion does not apply to Bodily Injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily Injury or Property Damage for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages: i. That the insured would have in the absence of the contract or agreement;or ii. Assumed in a contract or agreement that is an Insured Contract, provided the Bodily Injury or Property Damage occurs subsequent to the execution of the contract or agreement.Solely for the purposes of liability assumed in an Insured Contract, reasonable attorney fees and necessary litigation expenses incurred by'or for a party other than an Insured are deemed to be damages because of Bodily Injury or Property Damage,provided: a. Liability to such party for,or for the cost of,that party's defense has also been assumed in the same Insured Contract;and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily Injury or Property Damage for which any Insured may be held liable by reason of: i. Causing or contributing to the intoxication of any person; ii. The furnishing of alcoholic beverages to a person under the legal drinking age of under the influence of alcohol;or • iii. Any statute,ordinance or relating to the sale,gift,distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing,distributing,selling,serving or furnishing alcoholic beverages. d. Workers'Compensation and Similar Laws Any obligation of the Insured under a workers'compensation,disability benefits,social security, unemployment compensation or insurance law or under any similar or related law (including occupational disease and cumulative trauma) including but not limited to the Jones Act, the Longshoremen and Harbor Workers Act,the Americans with Disabilities Act, and any civil rights laws or legislation. Page 6 of 63 GL-110 May 1,2023 e. Employer's Liability Bodily Injury to: i. An Employee of the Insured arising out of and in the course of: a. Employment by the Insured;or b. Performing duties related to the conduct of the Insured's business;or ii. The spouse,child,parent, brother or sister of that Employee as a consequence of Paragraph i.above. This exclusion applies: I. Whether the Insured may be liable as an employer or in any other capacity;and ii. To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. Pollution I. Bodily Injury or Property Damage which would not have occurred in whole or part but for the actual,alleged or threatened, discharge, dispersal, seepage, migration, release or escape of l Pollutants at any time at any location and from any source. 1 ii. Any loss,cost or expense arising out of any: a. Request,demand or order 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, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to,or assessing the effects of Pollutants. Pollutants mean any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. g. Aircraft,Auto or Watercraft Bodily Injury or Property Damage arising out of the ownership,maintenance, use or entrustment to others of any aircraft,Auto or watercraft: a. Owned or operated by or rented or loaned to any Insured;or b. Operated by any Volunteer Worker in the course of his or her employment by the Insured or while performing duties related to the conduct of the Insured's business. Page 7 of 63 GL-110 May 1,2023 Use includes the operation and Loading or Unloading. This exclusion applies even if the claims against the 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 or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to: i. A watercraft while ashore on premises you own or rent; li. Parking an Auto on,or on the ways next to,premises you own or rent,provided the Auto is not owned by or rented or loaned to you, the Insured, any of your Volunteer Workers or any Volunteer Workers of the Insured. iii. Liability assumed under any Insured Contract for the ownership,maintenance or use of aircraft or watercraft;or iv. Bodily Injury or Property Damage arising out of: a. The operation of machinery or equipment that is attached to,or part of,a land vehicle that • would qualify under the definition of Mobile Equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged;or a b. The operation of any machinery or equipment listed in Paragraph f.(ii) or f.(iii) of the definition of Mobile Equipment. h. Mobile Equipment Bodily Injury or Property Damage arising out of: i. The transportation of Mobile Equipment by an Auto owned or operated by or rented or loaned to any Insured;or ii. The use of Mobile Equipment in, or while in practice for, or while being prepared for, any prearranged racing,speed,demolition,or stunting activity. i. War Bodily Injury or Property Damage, however caused, arising, directly or indirectly, out of, occasioned by,happening through or in consequence of: i. War,including undeclared or civil war; ii. Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;or Page 8 of 63 GL-110 May 1,2023 iii. Invasion, acts of foreign enemies, hostilities, insurrection, rebellion, revolution, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority,or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property Property Damage to: i. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property. ii. Premises you sell,give away or abandon, if the Property Damage arises out of any part of those premises; iii. Property loaned to you; iv. Personal property in the care,custody or control of the Insured; v. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the Property Damage arises out of those operations;or vi. That particular part of any property that must be restored,repaired or replaced because Your Work was incorrectly performed on it. Paragraphs(i),(iii)and iv)of this exclusion do not apply to Property Damage(other than damage by fire) to premises,including the contents of such premises,rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage to Premises Rented to You as described in Section III—Limits of Insurance. Paragraph (ii) of this exclusion does not apply if the premises are Your Work and were never occupied,rented or held for rental by you. Paragraphs(iii),(iv),(v)and(vi)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (vi) of this exclusion does not apply to Property Damage included in the Products- completed Operations Hazard. k. Damage to Your Product Property Damage to Your Product arising out of it or any part of it. I. Damage to Your Work Property Damage to Your Work arising out of it or any part of it and included in the Products- completed Operations Hazard. Page 9 of 63 GL-110 May 1,2023 0 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property Damage to Impaired Property or property that has not been physically injured,arising out of: i. A defect deficiency,inadequacy or dangerous condition in Your Product or Your Work;or ii. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to Your Product or Your Work after it has been put to its intended use. n. Recall of Products,Work or impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal,recall,inspection,repair,replacement,adjustment,removal or disposal of: f � i. Your Product, ii. Your Work;or • iii. Impaired Property; If such product,work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c.through n.do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. o. Personal and Advertising Injury Bodily Injury arising out of Personal and Advertising Injury. p. Access,Disclosure Or Unauthorized Use Of Data Damages arising out of: i. Any access to or disclosure of any person's or organization's confidential or personal information,including patents,trade secrets, processing methods, customer lists,financial information, credit card information, health information or any other type of nonpublic information;or ii. Theft or unauthorized viewing, copying, use, loss of, loss of use of, damage, corruption, manipulation or deletion,or inability to access or manipulate electronic data. Page 10 of 63 GL-110 May 1,2023 This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,forensic expenses,public relations expenses or any other loss,cost or expense incurred by you or others arising out of that which Is described in i.or ii.above. As used in this exclusion, 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. q. Fungi or Bacteria Bodily Injury or Property Damage which would not have occurred,in whole or in part,but for the actual,alleged or threatened inhalation of, ingestion of,contact with,exposure to,existence of, or presence of, any Fungi or bacteria on or within a building or structure,including its contents, regardless of whether any other cause,event,material or product contributed concurrently or in any sequence to such injury or damage. • Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to,or assessing the effects of, Fungi or bacteria, by an Insured or by any other person or entity. This exclusion does not apply to any Fungi or bacteria that are,are on,or are contained in,a good or product intended for bodily consumption. r. Employment Related Practices • Bodily Injury to: i. 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,discipline,defamation,harassment,humiliation,discrimination or malicious prosecution directed at that person;or ii. 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: i. Whether the injury-causing event described in Paragraphs a, b or c above occurs before employment,during employment or after employment of that person; Page 11 of 63 GL-110 May 1,2023 ii. Whether the Insured may be liable as an employer or in any other capacity; and iii. To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Infringement,Misappropriation,Interference with Privacy and Unfair Competition Bodily Injury or Property Damage arising directly or indirectly out of: a. Any infringement upon or dilution of copyright,trademark, patent, title, slogan,service mark,service name,trade name,trade dress,trade secret,or other intellectual property rights; b. Any invasion or infringement of or interference with the right of privacy or publicity including,but not limited to, intrusion,public disclosure or private facts,unwarranted or wrongful publicity,false light or the use of name or likeness for profit; c. Plagiarism or misappropriation of information, trade secrets, ideas or style of doing business; d. "Unfair competition" as defined by statute or common law, both state and federal, whether or not pertaining to and alleged in conjunction with a claim of plagiarism, 11 misappropriation of information or ideas,"piracy",infringement or dilution of copyright, title, slogan, trademark, trade name, trade dress, trade secret, patent, service mark, service name,or other intellectual property rights; e. Any acts of the Insured pertaining to the internet, web site(s), domain name(s), metatag(s), linking, framing or chatrooms the Insured hosts, owns, or over which the Insured exercises control. 11 t. Professional Liability This insurance does not apply to Bodily Injury or Property Damage or Personal and Advertising Injury that arises out of the rendering of or failure to render any professional services. Professional services include but are not limited to advice,instruction,supervision or direction in connection with a training program for either recreational or certification purposes,including but not limited to instruction or supervision in the activity of water skiing,jet skiing, operation of a • boat, parasailing, hang gliding, paragliding, ultra-light flying, kite boarding, kite surfing, snow kiting, surfing, wake boarding, scuba diving, skin diving, swimming or any other recreational activity. u. Abuse or Molestation This insurance does not apply to Bodily Injury or Property Damage, Personal and Advertising ( Injury or any injury arising out of: i. The actual or threatened abuse or molestation or licentious, immoral or sexual behavior whether or not intended to lead to,or culminating in any sexual act,of any person,whether Page 12 of 63 GL-110 May 1,2023 caused by, or at the instigation of, or at the direction of, or omission by, any Insured, his Employees,or any other person,or ii. The actual or alleged transmission of any communicable disease,or iii. Charges or allegations of negligent hiring, employment,investigation, supervision, reporting to the proper authorities, or failure to so report; or retention of a person for whom any Insured is or ever was legally responsible and whose conduct would be excluded by paragraph i.above. Abuse includes, but is not limited to, negligent or intentional infliction of physical, emotional or psychological injury/harm. v. Asbestos i. Bodily Injury in any way arising out of the use by any person or organization of or exposure to asbestos,asbestos products,asbestos fibers or asbestos dust; ii. Property Damage to real property arising out of the use by any person or organization of asbestos, asbestos products, asbestos fibers or asbestos dust, including,without limitation, the costs incurred with respect to the removal or abatement of asbestos,asbestos products, asbestos fibers or asbestos dust from or in such real property; iii. Any obligation of the Insured to indemnify any party because of damage arising out of such Property Damage, Bodily Injury, sickness, disease, occupational disease, disability, shock, death,mental anguish or mental injury,at any time as a result of the manufacture of,mining of, use of, sale of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust;or iv. Any obligation to defend any Suit or claim against the Insured alleging Bodily Injury,sickness, disease, occupational disease, disability, shock, death, mental anguish or mental Injury or Property Damage resulting from or contributed to,by any and all manufacture of,mining of, use of, sale of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust. w. Lead i. Bodily Injury or Property Damage, for past, present or future claims arising in whole or in part, either directly or indirectly, out of the manufacture, distribution, sale, resale, re- branding, installation, repair, removal, encapsulation, abatement, replacement or handling of, explore to, ingestion of or testing for, lead whether or not the lead is or was at any time airborne as a particle,contained in a product,carried on clothing,inhaled,transmitted in any fashion or found in any form whatsoever; ii. The costs of clean up or removal of lead or products and materials containing lead; iii. The costs of such actions as may be necessary to monitor,assess and evaluate the release or threat of same,or lead or products and material containing lead; Page 13 of 63 GL-110 May 1,2023 iv. The cost of disposal of lead substances or the taking of such other action as may be necessary to temporarily or permanently prevent, minimize or mitigate damage to the public health or welfare or to the environment,which may otherwise result; v. The cost of compliance with any law or regulation regarding lead. x. Securities and Financial interest i. Any violation of any securities law or similar law or any regulation promulgated thereunder; ii. The purchase, sale, offer of sale or solicitation of any security, debt, insurance policy, bank deposit or financial interest or instrument; iii. Any representation made at any time in relation to the price or value of any security, debt, insurance policy,bank deposit or financial interest or instrument;or iv. Any depreciation or decline in price or value of any security, debt, insurance policy, bank deposit or financial interest or instrument. y. Silica i. Bodily Injury or Property Damage or any other loss, cost or expense arising out of the presence, ingestion, inhalation,or absorption, of or exposure to silica products,silica fibers, silica dust or silica in any form;or. ii. Any obligation of the insured to defend and/or indemnify any party because of damages arising out of such Bodily Injury or Property Damage arising out of the presence, ingestion, inhalation,or absorption,of or exposure to silica products,silica fibers,silica dust or silica in any form. z. Violation of Statutes in Connection with Sending,Transmitting,or Communicating Any Material or Information Any loss, injury, damage, claim, Suit, cost or expense arising out of or resulting from, caused directly or indirectly, in whole or in part by, any act that violates any statute, ordinance or regulation of any federal,state or local government including, any amendment of or addition to such laws, that includes,addresses or applies to the sending, transmitting or communicating of any material or information,by any means whatsoever. aa. Nuclear Reaction/Nuclear Radiation or Radioactive Contamination Any loss, injury, damage, claim, Suit, cost or expense arising out of or resulting from, caused directly or indirectly, in whole or in part by, nuclear reaction, nuclear radiation or radioactive contamination. bb. Recording And Distribution Of Material Or information In Violation Of Law Page 14 of 63 GL-110 May 1,2023 Bodily injury or Property Damage arising out of any action or omission that violates or is alleged to violate: i. The Telephone Consumer Protection Act(TCPA), including any amendment of or addition to such law; ii. The CAN-SPAM Act of 2003,including any amendment of or addition to such law; iii. The Fair Credit Reporting Act(FCRA),and any amendment of or addition to such law,including the Fair and Accurate Credit Transaction Act(FACTA);or iv. Any federal,state or local statute,ordinance or regulation, other than the TCPA, CAN-SPAM _. Act of 2003 or FCRA and their amendments and additions,that addresses,prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. cc. Infectious Disease Any liability,loss,damage,cost or expense of whatsoever nature directly or indirectly caused by, arising out of,resulting from or in connection with: i. any actual,alleged,or threat of infectious disease,including but not limited to diseases arising out of coronaviruses, regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 5 ii. any action taken or failure to take action in controlling,preventing,suppressing or in any way responding to such actual,alleged or threat of infectious disease. dd.Nuclear/Chemical/Biological/Radioactive Terrorism Regardless of any contributory cause(s),this policy does not cover any claim(s)in any way caused or contributed to by an act of terrorism involving the use or release or the threat thereof of any nuclear weapon or device or chemical,biological or radioactive agent,material,device or weapon. For the purpose of this exclusion, an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s)or government(s), committed for political,religious,ideological or ethnic purposes or reasons including the Intention to influence any government and/or to put the public,or any section of the public,in fear. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement 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 and duty Page 15 of 63 GL-110 May 1,2023 to defend the Insured against any Suit seeking those damages.However,we will have no duty to defend the Insured against any Suit seeking damages for Personal and Advertising injury to which this insurance does not apply.We may, at our discretion,investigate any offense and settle any claim or Suit that may result.But: i. The amount we will pay for damages is limited as described in Section III—Limits of Insurance; and ii. Our right and duty to defend end 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 A and B. b. This insurance applies to Personal and Advertising Injury caused by an offense arising out of your business but only if the offense was committed in the Coverage Territory during the Policy Period. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of Another Personal and Advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury; b. Material Published with Knowledge of Falsity Personal and Advertising Injury arising out of oral or written publication of material,if done by or at the direction of the Insured with knowledge of its falsity; 44 C. Material Published Prior to Policy Period Personal and Advertising Injury rising out of oral or written publication of material whose first publication took place before the beginning of the Policy Period; d. Criminal Acts Personal and Advertising Injury arising out of a criminal act committed by or at the direction of any Insured; e. Contractual Liability Personal and Advertising Injury for which the Insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement; Page 16 of 63 G1-110 May 1,2023 6 f. Breach of Contract Personal and Advertising Injury arising out of a breach of contract,except an implied contract to use another's advertising idea in you Advertisement; g. Quality of Performance of Goods—Failure to Conform to Statements Personal and Advertising Injury arising out of the failure of goods,products or services to conform with any statement of quality or performance made in your Advertisement; h. Wrong Description of Prices Personal and Advertising Injury arising out of the wrong description of the price of goods, products or services stated in you Advertisement; i. Infringement of Copyright,Patent,Trademark or Trade Secret Personal and Advertising Injury arising out of the infringement of copyright,patent,trademark, trade secret or other intellectual property rights. However,this exclusion does not applyto infringement,in your Advertisement,of copyright,trade dress or slogan. j. Insureds In Media and Internet Type Businesses Personal and Advertising Injury committed by an Insured whose business is? i. Advertising,broadcasting,publishing or telecasting: ii. Designing or determining content of we-sites for others;or iii. An Internet search,access,content or service provider. However,this exclusion does not apply to Paragraphs 15.a.,b.,and c.of Personal and Advertising Injury under Section V-Definitions. For the purpose of this exclusion,the placing of frames,borders or links,or advertising,for you or others anywhere on the internet, is not by itself, considered the business of advertising, broadcasting,publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards Personal and Advertising Injury arising out of an electronic chatroom or bulletin board the Insured hosts,owns,or over which the Insured exercises control. I. Unauthorized Use of Another's Name or Product Page 17 of 63 GL-110 May 1,2023 Personal and Advertising Injury arising out of the unauthorized use of another's name or product in your email address,domain name or metatag,or any other similar tactics to mislead another's potential customers. m. Pollution Personal and Advertising Injury arising out of the actual, alleged or threatened discharge, dispersal,seepage,migration,release or escape of Pollutants at any time. n. Pollution-Related Any loss,cost or expense arising out of any: i. Request,demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to,or assess the effects of,Pollutants,or ii. Claim or Suit by or on behalf of a governmental authority for damages because of testing for, monitoring,cleaning up, removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,Pollutants. o. War Personal and Advertising Injury,however caused,arising,directly or indirectly,out of,occasioned by,happening through or in consequence of: i. War,including undeclared or civil war; ii. Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;or iii. Invasion, acts of foreign enemies, hostilities, insurrection, rebellion, revolution, military or usurped power,or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority, or action taken by governmental authority in hindering or defending against any of these. p. Fungi or Bacteria Personal and Advertising Injury which would not have taken place, in whole or in part, but for the actual,alleged or threatened inhalation of, ingestion of, ingestion of,contact with, exposure to,existence of,or presence of any Fungi or bacteria on or within a building or structure,including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such Injury. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any 1 Page 18 of 63 GL-110 May 2,2023 way responding to,or assessing the effects of, Fungi or bacteria, by an Insured or by any other person or entity. q. Employment Related Practices i. . Personal and Advertising Injury to a person arising out of any: a. Refusal to employ that person; b. Termination of that person's employment; c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation,reassignment,discipline,defamation,harassment,humiliation,discrimination or malicious prosecution directed at that person;or d. Claim related in any way to employers'liability; ii. The spouse,child,parent, brother or sister of that person as a consequence of Personal and Advertising 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: i. Whether the injury-causing event described in Paragraphs a., b. or c. above occurs before employment,during employment or after employment of that person; ii. Whether the Insured may be liable as an employer or in any other capacity;and iii. To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Infringement,Misappropriation,Interference with Privacy and Unfair Competition } Personal and Advertising injury arising directly or indirectly out of: a. Any infringement upon or dilution of copyright,trademark, patent,title, slogan,service mark,service name,trade name,trade dress,trade secret,or other intellectual property rights; b. Any invasion or infringement of or interference with the right of privacy or publicity including,but not limited to,intrusion, public disclosure or private facts,unwarranted or wrongful publicity,false light or the use of name or likeness for profit; c. Plagiarism or misappropriation of information, trade secrets, ideas or style of doing business; "Unfair competition" as defined by statute or common law, both state and federal, whether or not pertaining to and alleged in conjunction with a claim of plagiarism,misappropriation of information or ideas,"piracy",infringement or dilution of Page 19 of 63 GL-110 May 1,2023 copyright,title,slogan,trademark,trade name,trade dress,trade secret, patent,service mark,service name,or other intellectual property rights. s. Professional Liability This insurance does not apply to Bodily injury or Property Damage or PersoalandAdvertising services.g Injury that arises out of the rendering of or failure to render any professional Professional services include but are not limited to advice,instruction,supervision or direction in connection with a training program for either recreational or certification purposes,including but not limited to instruction or supervision in the activity of water skiing,jet skiing, operation of a boat, parasailing, hang gliding, paragliding, ultra-light flying, kite boarding, kite surfing, snow kiting, surfing, wake boarding, scuba diving, skin diving, swimming or any other recreational activity. t. Abuse or Molestation - i This insurance does not apply to Bodily Injury or Property Damage,personal injury,Personal and Advertising Injury or any injury arising out of: i. The actual or threatened abuse or molestation or licentious, immoral or sexual behavior 1 whether or not intended to lead to,or culminating in any sexual act,of any person,whether caused by, or at the instigation of, or at the direction of, or omission by, any Insured, his Employees,or any other person,or ii. The actual or alleged transmission of any communicable disease,or iii. Charges or allegations of negligent hiring, employment,investigation,supervision, reporting to the proper authorities, or failure to so report; or retention of a person for whom any Insured is or ever was legally responsible and whose conduct would be excluded by paragraph I.above. Abuse includes, but is not limited to, negligent or intentional infliction of physical, emotional or psychological injury/harm. u. Recording And Distribution Of Material Or Information In Violation Of Law Personal or Advertising Injury arising out of any action or omission that violates or is alleged to violate: i. The Telephone Consumer Protection Act(TCPA), including any amendment of or addition to such law; ii. The CAN-SPAM Act of 2003,Including any amendment of or addition to such law; iii. The Fair Credit Reporting Act(FCRA),and any amendment of or addition to such law,including the Fair and Accurate Credit Transaction Act(FACIA);or Page 20 of 63 May 1,2023 GL-110 iv. Any federal,state or local statute,ordinance or regulation,other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions,that addresses,prohibits,or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. v. Access,Disclosure Or Unauthorized Use Of Data Damages arising out of: i. Any access to or disclosure of any person's or organization's confidential or personal information,including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information;or ii. Theft or unauthorized viewing, copying, use, loss of, loss of use of, damage, corruption, Imanipulation or deletion,or inability to access or manipulate electronic data. i This exclusion applies even if damages are claimed for notification costs, credit monitoring i expenses,forensic expenses,public relations expenses or any other loss,cost or expense incurred by you or others arising out of that which is described in i.or R.above. 9 As used in this exclusion, electronic data means information,facts or programs stored as or on, I 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. 9 w. Employers'Liability Any liability,loss,damage,cost or expense of whatsoever nature directly or indirectly caused by, arising out of,resulting from or in connection with employers'liability. x. Workers'Compensation and Similar Laws ' Personal or Advertising Injury arising out of any obligation of the Insured under a workers' compensation,disability benefits,social security,unemployment compensation or insurance law or under any similar or related law (including occupational disease and cumulative trauma) including but not limited to the Jones Act, the Longshoremen and Harbor Workers Act, the Americans with Disabilities Act,and any civil rights laws or legislation. y. Infectious Disease Any liability,loss,damage,cost or expense of whatsoever nature directly or indirectly caused by, arising out of,resulting from or in connection with: • iii. any actual,alleged,or threat of infectious disease,including but not limited to diseases arising out of coronaviruses, regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 9 B Page 21 of 63 6 GL-110 May 1,2023 E. 1 iv. any action taken or failure to take action in controlling,preventing,suppressing or in any way responding to such actual,alleged or threat of infectious disease. z. Nuclear Reaction/Nuclear Radiation or Radioactive Contamination Any loss, injury, damage, claim, Suit, cost or expense arising out of or resulting from, caused directly or indirectly, in whole or in part by, nuclear reaction, nuclear radiation or radioactive contamination. - aa. Nuclear/Chemical/Biological/Radioactive Terrorism Regardless of any contributory cause(s),this policy does not cover any claim(s)in any way caused or contributed to by an act of terrorism involving the use or release or the threat thereof of any nuclear weapon or device or chemical,biological or radioactive agent,material,device or weapon. For the purpose of this exclusion, an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s)or government(s), committed for political,religious,ideological or ethnic purposes or reasons including the intention to influence any government and/or to put the public,or any section of the public,in fear. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for Bodily Injury caused by an accident: I. On premises you own or rent; ii. On ways next to premises you own or rent;or iii. Because of your operations; 11 provided that: i. The accident takes place in the Coverage Territory and during the Policy Period; } ii. The expenses are incurred and reported to us within one year of the date of the accident;and s iii. The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance.We will pay reasonable expenses for: i. First aid admi nistered at the time of an accident; ii. Necessary medical,surgical,x-ray and dental services,including prosthetic devices;and Page 22 of 63 GL-110 May 1,2023 iii. Necessary ground ambulance,hospital,professional nursing and funeral services. This insurance does not cover air ambulance services. 2. Exclusions We will not pay expenses for Bodily Injury: a. Any Insured To any Insured. b. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. c. Injury on Normally Occupied Premises 1 To a person injured on that part of premises you own or rent that the person normally occupies. d. Worker's Compensation and Similar Laws To a person, whether or not an Employee of any Insured, if benefits for the Bodily Injury are payable or must be provided under a worker's compensation law, unemployment compensation insurance,social security,or disability benefits law,or under any similar or related law(including occupational disease and cumulative trauma) including but not limited to the Jones Act, the Longshoremen and Harbor Workers Act, the Americans with Disabilities Act, and any civil rights laws or legislation. e. Athletics Activities To a person injured while practicing,instructing or participating in any physical exercises or games, sports,or athletic contests. • f. Products-Completed Operations Hazard Included within the Products-completed Operations Hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any Suit against an Insured we defend: a. All expenses we incur. Page 23 of 63 GL-110 May 1,2023 b. Up to$250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. c. The cost of bonds to release attachments,but only for bond amounts within the applicable limit of insurance.We do not have to furnish these bonds. d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or Suit,including actual loss of earnings up to$250 a day because of time off from work. e. All costs taxed against the Insured in the Suit.However,these payments do not include attorneys' fees or attorneys'expenses taxed against the Insured. f. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an Insured against a Suit and an indemnitee of the Insured is also named as a party to the Suit,we will defend that indemnitee if all of the following conditions are met: a. The Suit against the indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an Insured Contract; b. This insurance applies to such liability assumed by the Insured; c. The obligation to defend,or the cost of the defense of,that indemnitee,has also been assumed by the Insured in the same Insured Contract; d. The allegations in the Suit and the information we know about the Occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; and e. The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such Suit and agree that we can assign the same counsel to defend the Insured and the indemnitee;and f. The indemnitee: i. Agrees in writing to: a. Cooperate with us in the investigation,settlement or defense of the Suit; Page 24 of 63 GL-110 May 1,2023 b._ Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the Suit; I c. Notify any other insurer whose coverage is available to the indemnitee;and d. Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee;and ii. Provides us with written authorization to: a. Obtain records and other information related to the Suit;and b. Conduct and control the defense of the indemnitee in such Suit. So long as the above conditions are met, attorneys' fees incurred by: us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.ii of Section I—Coverage A—Bodily Injury and Property Damage Liability, such payments will not be deemed to be damages for Bodily Injury and Property Damage and will not I reduce the limits of insurance. Our obligation to defend an Insured's indemnitee and to pay for attorney's fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements;or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, I are no longer met. 1 • SECTION II h , WHO IS AN INSURED 1. If you are designated in the Declaration as: l Ia. An individual,you and your spouse are insureds,but only with respect to the conduct of a business j of which you are the sole owner. b. A partnership or joint venture, you are an Insured. Your members, your partners, and their i spouses are also insureds,but only with respect to the conduct of your business. Qc. A limited liability company,you are an Insured.Your members are also insureds, but only with I respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company,you are an 1 Insured. Your Executive Officers and directors are insureds,but only with respect to their duties as your officers or directors.Your stockholders are also insureds, but only with respect to their I liability as stockholders. t i 1 Page 25 of 63 May 1,2023 GL-110 1 1 a e. A trust,you are an Insured.Your trustees are also Insured,but only with respect to their duties as trustees. 2. Each of the following is also an Insured: a. Your Volunteer Workers only while performing duties related to the conduct of your business,or Employees, other than either your Executive Officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, However, none of these Volunteer Workers or Employees is an Insured for: i. 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), 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, or to your other Volunteer Workers while performing duties related to the conduct of your business; b. To the spouse,child,parent,brother or sister of that co-Employee or Volunteer Worker as a consequence of Paragraph 1(a)above. c. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1(a)or(b)above;or d. Arising out of his or her providing or failing to provide professional health care services. ii. Property Damage to property: a. Owned,occupied or used by, b. Rented to, in the care, custody or control of, or over which physical control is being exercised for any purposes by, you, any of your Employees, Volunteer Workers, any partner or member (if you are a partnership or joint venture),or any member(if you are a limited liability company). b. Any person(other than your Employee or Volunteer Worker),or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die,but only: i. With respect to liability arising out of the maintenance or use of that property;and ii. Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such.That representative will have all your rights and duties under this policy. Page 26 of 63 GL-110 May 1,2023 e. Any person or organization you are required to include as an additional Insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the"occurrence"of the "bodily injury"or"property damage" and any person or organization to which a certificate of insurance has been issued under this policy. This coverage is limited as follows: 1. it provides Coverage A(Bodily Injury and Property Damage Liability)only. 2. The person or organization is only an additional Insured with respect to liability arising out of "your work"or"your product". 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement.This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 4. The insurance provided to such an additional Insured does not apply to "bodily injury" or "property damage" arising out of a dive professionals rendering or failing to render professional services. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or"your product" included in the"product-completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. 6. Any coverage provided to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary,excess,contingent or on any other basis. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any"occurrence" which may result in a claim,forward all legal papers to us,cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Failure to comply with this provision may,at our option, result in the claim or Suit being denied. 3. Any organization you newly acquire or form,other than a partnership,joint venture of limited liability company,and over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the Policy Period,whichever is earlier; b. Coverage A does not apply to Bodily Injury or Property Damage that occurred before you acquired of formed the organization;and ti Page 27 of 63 GL-110 May 1,2023 c. Coverage B does not apply to Personal and Advertising Injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Names Insured in the Declarations. SECTION III LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or Suits brought;or c. Persons or organizations making claims or bringing Sults. 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of Bodily Injury or Property Damage included in the Products-completed Operations Hazard;and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of Bodily Injury and Property Damage included in the Products-completed Operations Hazard. 4. Subject to 2.above,the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all Personal and Advertising Injury sustained by any one person or organization. 5. Subject to 2.or 3.above,whichever applies,the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A;and b. Medical expenses under Coverage C because of all Bodily Injury and Property Damage arising out of any one Occurrence. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of Property Damage to any one premises,while rented to you,or in the case of damage by fire,while rented to you or temporarily occupied by you with permission of the owner. Page 28 of 63 May 1,2023 GL-110 7. Subject to 5.above,the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of Bodily Injury sustained by any one person. 8. In the event that any claim or more than one claim shall be covered in whole or in part, under this policy, and any other policy issued by us,the total applicable limit of insurance shall not exceed the single largest limit of insurance under any policy.Such largest applicable limit of insurance shall apply only once to any single Occurrence or event. In no event shall the Limits of Insurance under two or more policies issued by us be stacked so as to obtain a limit of insurance that exceeds the highest applicable limit of insurance available under any one policy. 9. Regardless of any other provision of this policy, this policy does not apply to Punitive or Exemplary Damages, whether at common law or by statute, awarded against any Insured, including but not limited to any additional Insured. However,if a Suit is brought against an Insured arising out of a claim which alleges both compensatory and Punitive or Exemplary Damages,we will defend the entire Suit with the understanding that we pay only the compensatory damages. 10. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the Policy Period shown in the Declarations,unless the Policy Period is extended after issuance for an additional period of less than 12 months. In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this policy. 2. Duties in the Event of Occurrence,Offense,Claim or Suit a. You must see to it that we are notified as soon as practicable of an Occurrence or an offense which may result in a claim.To the extent possible,notice should include: i. How,when and where the Occurrence or offense took place; ii. The names and addresses of any injured persons and witnesses;and iii. The nature and location of any injury or damage arising out of the Occurrence or offense. b. If a claim is made or Suit is brought against any Insured,you must: i. Immediately record the specifics of the claim or Suit and the date received;and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or Suit as soon as practicable. Page29of63 GL-110 May 1,2023 f J Yotlatid arty,btherliWolVedTriSured Immediately send us copies of any:demands,,,notices,sutimionSeS.:or:iegAtopors.rocoiyeetio connectiQn with the ClairitOrIttit ii Authorize us to obtaihrecordvanctother information;, iii Cooperate Witkr,OS,.in the investigation Or':$4100Mont,of the claim ordefense against the Suit, and iv Assist us,14poil..odet0404st;irL0.00#00.(tkOt of OtIV,rfeit..406..§tgwPgr§90-917,9rPrilzattan viihiaivaitiosliatiliotheinsured-becauseof injury or damage to this insurance may d :No insured will, except at that Insured's:own cost,voluntarily make a payment, assume any Obligation,.drinctitanY eictienSe,Other thartforfirStaid4ithOOtOurcOhseht„ Written notice submission of pthar documentation required under this paragraph'2 Shall be made.to: PAN,SON144,Inc. Fax (919)49.0-2935 • tiabilitVtlairnS@DAN.00rg Failure to provide written notice aS,set.,fdeth.above will considered a failure of a condition to idovoag ..:a0.70-#)opot ogrAgroo.;t0040-yopr policy 00.ano.v.tof..in'relation.to any Occurrence, offense,claim orSuit not properly andpeooptiy:tot forth ihwrittot rlotick#required;herein:, 3. tagal,„A4tiotagain4tv$ '..mpxparpn,pr:organization has aright under this policy a'. To jOiri4S:osjo. party or us!ntip.a,'itt4i.t askingfqr4aniagesfroman Insured,or :h. To sue on this poliCyuntessrall of its:terms'.haVe been fully complied with Apersonor organizatiokinaySue4torecoveronahagreect settiernentor 0-1-4'f!nal judgment against. an j, uractnhtarnati after an actual trial;but we will not be liable damages that are not payable Onder.theternis,of this policy prthat are in excess of the appk4h.te. limit of insurance,...Arvgreed Aeftlemept.nyeans;:asettiementand release of liability.Signedby us,the.Insured and the claimant of theelairnatitlegal:rePreS„entOthk.: 4. 'AP14.1fc01q(410: , . This insurance shall be to the law of the State of South Carolina with regardIoany prinCiples! • 0t:tow that root cause:thelathra another lurisdittiOntaaPPly.. 3', 13therinSiJratiCe. If other valid and collectible insuranceis:availabletothelnittred.fer a loss we cover under Coverages ,A,Or 13JJ:ftW Poli01.1galiOt)Ore,,101400,0.1000.W0,; 10..age30.:0,f03'! • a. Primary Insurance This insurance is primary except when b.below applies.If this insurance is primary,our obligations are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance by the method described in c.below. b. Excess insurance This insurance is excess over: i. Any of the other insurance,whether primary,excess,contingent or on any other basis: a. That is Fire, Extended Coverage, Builder's Risk, Installation Risk of similar coverage for Your Work; b. That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; c. That is insurance purchased by you to cover your liability as a tenant for Property Damage to premises rented to you or temporarily occupied by you with permission of the owner; or d. 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 1 Damage Liability. ii. Any other primary insurance available to you covering liability for damages arising out of the premises or operations,or the products and completed operations,for which you have been added as an additional Insured by attachment of an endorsement. 9 When this insurance is excess,we will have no duty under CoveragesA or B to defend the Insured against any Suit.If no other insurer defends,we will undertake to do so,but we will be entitled to the Insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: i. The total amount that all such other insurance would pay for the loss in the absence of this insurance;and ii. The total of all deductible and self-Insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method of Sharing Page 31 of 63 GL-130 May 1,2023 If all of the other insurance permits contribution by equal shares,we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6. Minimum Earned Premium In the event the policy is cancelled by the Named Insured,the minimum earned premium due to us by the Named Insured shall be 100%of the total annual premium. In the event the policy is cancelled by a premium finance company or by us, the minimum earned premium due to us by the Named Insured shall be 25%of the total annual premium or the pro rata earned premium,whichever is greater. 7. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown in this policy as advance premium is a deposit premium only.At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured.The due date for audit and retrospective premiums is the date shown as the due date on the bill.If the sum of the advance and audit premiums paid for the Policy Period is greater than the earned premium,we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 8. Representations By accepting this policy,you agree: } a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us;and c. We have issued this policy in reliance upon your representations. 9. Separation of Insureds Except with respect to the Limits of Insurance,and any right or duties specifically assigned in this policy to the first Named Insured,this insurance applies: a. As if each Named Insured were the only Named Insured;and b. Separately to each insured against which claim is made or Suit is brought. Page 32 of 63 G1-110 May 1,2023 10. Transfer of Rights of Recovery against Others to Us If the Insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us.The Insured must do nothing after loss to impair them.At our request,the Insured will bring Suit or transfer those rights to us and help us enforce them. 11. When We Do Not Renew If we decide not to renew this policy,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed,proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters.For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication;and b. Regarding web-sites,only that part of a web-site that is about your goods,products or services for the purpose of attracting customers or supporters is considered an Advertisement. 2. Auto means a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment. b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However,Auto does not include Mobile Equipment. 3. Bodily Injury means bodily injury,sickness or disease sustained by a person,including death resulting from any of these at any time. 4. Coverage Territory means: a. The United States of America,including its territories and possessions;or b. Anywhere else in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America,provided that: i. We shall have the right,but not the duty to investigate,defend,or settle any claims or"suits" for"bodily injury","property damage",or"personal and advertising injury";and Page 33 of 63 GL-110 May 1,2023 1 ii. If we do not exercise such right,you shall,under our supervision,make such investigation and defense as is reasonably necessary. Subject to our prior written authorization,you may also effect settlement. We shall,subject to all other provisions of this policy, reimburse you for the reasonable and necessary costs of such actions;and pay damages determined in a Suit on the merits or in any settlement to which we agree. c. Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control("AFAC"). 5. Employee includes a Leased Worker.Employee does not include a Temporary Worker. 6. Executive Officer means a person holding any of the officer positions created by your charter, constitution,bylaws or any other similar governing document. 7. Fungi means any type or form of fungus,including mold or mildew and any mycotoxins,spores,scents or by products produced or released by fungi. 8. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 9. Impaired property means tangible property,other than Your Product or Your Work,that cannot be used or is less useful because: a. It incorporates Your Product or Your Work that is known or thought to be defective,deficient, inadequate or dangerous;or b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by: a. The repair,replacement,adjustment or removal of Your Product or Your Work;or b. Your fulfilling the terms of the contract of agreement. 10. Insured Contract means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner in not an Insured Contract, b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; Page 34 of 63 GL-110 May 1,2023 s e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for Bodily injury or Property Damage to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: i. That indemnifies a railroad for Bodily Injury or Property Damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel, underpass or crossing; ii. That indemnifies an architect,engineer or surveyor for injury or damage arising out of: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications;or b. Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;or iii. Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in (ii) above and supervisory, inspection, architectural or engineering activities. 11. Leased Worker means a person leased to you by a labor firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business.Leased Worker does not include a Temporary Worker. 12. Loading or Unloading means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or Auto; b. While it is in or on an aircraft,watercraft or Auto;or c. While it is being moved from an aircraft, watercraft or Auto to the place where it is finally delivered; but Loading or Unloading does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or Auto. 13. Mobile Equipment means any of the following types of land vehicles, including any attached machinery or equipment: Page 35of63 GL-110 May 1,2023 a. Bulldozers, farm machinery,forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted: 1. Power cranes,shovels,loaders,diggers or drills;or ii. Road construction or resurfacing equipment such as graders,scrapers or rollers; e. Vehicles not described in a,b,cord above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: i. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration,lighting and well servicing equipment;or ii. Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a, b, c or d above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos: i. Equipment designed primarily for: a. Snow Removal; b. Road maintenance,but not construction or resurfacing;or c. Street cleaning ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers;and iii. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration,lighting and well servicing equipment. However,Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicles insurance law are considered Autos. 14. Occurrence means an accident,disaster,casualty or event,including continuous or repeated exposure to substantially the same general harmful conditions. Page 36 of 63 May 1,2023 GL-110 6 • In the event of continuing or progressively deteriorating damage over any length of time,such damage shall be deemed to be one Occurrence, and shall be deemed to occur only when such damage first commences. 15. Personal and Advertising Injury means injury,including consequential Bodily Injury,arising out of one or more of the following offenses a. False arrest,detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services; e. Oral or written publication,in any manner,of material that violates a person's right of privacy; f. The use of another's advertising idea in your Advertisement;or g. Infringing upon another's copyright,trade dress or slogan in you Advertisement. I 16. Policy Period means the period from the Effective Date of this policy stated in the Declarations to the lExpiration Date stated in the Declarations or the date this policy is canceled or otherwise terminated l if the policy is canceled or otherwise terminated prior to the Expiration Date 1 17. Pollutants mean any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, 110 reconditioned or reclaimed. 1 18. Products-completed Operations Hazard: 4 E. a. Includes all Bodily Injury and Property Damage occurring away from premises you own or rent j and arising out of Your Product or Your Work except: 1 I. Products that are still in your physical possession;or iii. Work that has not yet been completed or abandoned. However,Your Work will be deemed 3 completed at the earliest of the following times: a. When all of the work called for in your contract has been completed. 4 b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. t k i Page 37 of 63 May 1,2023 GL-11U • c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete,will be treated as completed b. Does not include Bodily Injury or Property Damage arising out of: i. The transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the Loading or Unloading of that vehicle by any Insured; ii. The existence of tools,uninstalled equipment or abandoned or unused materials;or iii. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products-completed operations are subject to the General Aggregate 4 Limit. 19. 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 cause 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 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,CDROMS,tapes,drives,cells data processing devices or any other media which are used with electronically controlled equipment. 20. Punitive or Exemplary Damages include damages which are awarded to punish or deter wrongful conduct,to set an example,to fine, penalize or impose a statutory penalty,and damages which are awarded for any other purpose other than as compensatory damages for Bodily Injury or Property Damage. 21. Suit means a civil proceeding in which damages because of Bodily Injury, Property Damage or Personal and Advertising Injury to which this insurance applies are alleged.Suit includes: a. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent;or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. Page 38 of 63 May 1,2023 GL-110 22. Temporary Worker means a person who is furnished to you to substitute for a permanent Employee on leave or to meet seasonal or short-term workload conditions. 23. Volunteer Worker means a person who is not your Employee,and who donates his or her work and acts at the direction of and within the scope of duties determined by you,and is not paid a fee,salary or other compensation by you or anyone else for their work performed for you. 24. Your Product: a. Means: I. Any goods or products,other than real property,manufactured,sold, handled,distributed or disposed of by: a. You; b. Others trading under your name,or c. A person or organization whose business or assets you have acquired;and ii. Containers(other than vehicles), materials, parts or equipment furnished in connection with such good or products. b. Includes: i. Warranties or representations made at any time with respect to the fitness,quality,durability, performance or use of Your Product;and ii. The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. Your Work a. Means: i. Work or operations performed by you or on your behalf;and ii. Materials,parts or equipment furnished in connection with such work or operations. b. Includes i. Warranties or representations made at any time with respect to the fitness,quality,durability, performance or use of Your Work;and ii. The providing of or failure to provide warnings or instructions. SECTION VI GENERAL POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: Page 39 of 63 GL-110 May 1,2023 A. Changes This policy contains all the agreements between you and us concerning the insurance afforded.The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. B. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the Policy Period and up to three years afterward. C. Inspections and Surveys 1. We have the right,but not the obligation to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find;and c. Recommend changes. 2. We are not obligated to make any inspections,surveys,reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged.We do not make safety inspections.We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful;or 5 b. Comply with laws,regulations,codes or standards. 3. Paragraphs 1 and 2 of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2 of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations,of boilers,pressure vessels or elevators. D. Premiums The first Named insured shown in the Declarations: 1. Is responsible for the payment of all premiums;and 2. Will be the payee for any return premiums we pay. Page 40 of 63 May 1,2023 GL-110 E. Transfer of Your Rights and Duties under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die,your rights and duties will be transferred to your legal representatives but only while acting within the scope of duties as your legal representative.Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. END OF POLICY FORM FORMS AND ENDORSEMENT WHICH ARE PART OF THIS POLICY ARE ATTACHED is • Page Al of 63 May 1,2023 GL-110 EXCLUSION CLAUSE 1 THIS ENDORSEMENT 01;INNOt,THE POMO.PLEASE READ CAREFUU.V Tlili.cp14sion applistQ ajj..sections ofthis,PoliCy. Notwithstanding anything to the contrary contained herein this not cover the following: AnY.iiebilityorexpensearising out of the ownership,maintenance or use of the following premises or any property located such prernises;;'oprops,icainpgrptincis,recreational vehicle or paintball fields;. a. less such use Is incident4:to the,Nanied:IntOrad't.touba.:diving bVtinest; 2 any liability or-.expense arising out of navigation, towing, repair, storage, conversion, ;cleaning, demolition,Wreckirig uprighting,or salvage of anycornnierCialyesseloroll:fig;„411pbuii.dingand boat ffianofacoring,.stevadOring, h!p repair yards and dry docks, ; 3 ;any liability or expense arising out of off-shore and subaqueous:W04.; 4 any Itability or expense arising out of premises or operations involving (e).amusement parks or devices,carnivals or circuses,SpOrtS0rother entertainnienteYents,professional 5portt:organizations, , zoos,casinos,race tracks,or any theater,hall, arena,grandstaiutoe, t54Novitblx.iil or gas Pipelines, or wells, or drilling operations, (c)all viitAing'.qnd,ouatrying operations, (d) bridges, tunnels,,dams ,rotaryokrs;';:(a)..watte'freatrnent;ttorage ar,diSposai2faciiiiiest dumps or dumpsltes,landfills,Surface I Impoundinentspoaste lagooriSr*OsteSites. Alt other terms 404 conditions remain • 1- ! ! 4)age,41,,of 63. . . . . . . „ . . „..........„ „ . EXCLUSION 4NAE potoolcALcittii.Eimot,.MATp.(44.•, •• . „ THis•ERKtpri'sgit/00 cRANcts-1.HE-ociucy. PLEASE READ CAREFULLY. 'ThexOuSienopplies-itooll sections of thisvOliq.,: it is agreed that this excludes Uossi.,darnagei.,tOStOr expense of'whatsoever nature directly or indirectly caused by, resulting Of in 4;onectiorr with the actual Or threatened malicious use of....... . 4..•• . .„ pathogenic :.poisonous biological or chemicalmaterials regardless of ony other icause or event contibuting.concurrerit1Y0rifl any others..04POrt(P•*ereta. A11.::OtherIerni .i.OndtP64419.ntemaltrunchang.94. ,•;; • „., 1,;• ;.• P*;41;0f.§a, 03:;-.440 • ..ts.uy4,2023 . . • •OtaittotikAtiOUNtrtAtidattAtAt , - *.XPQSCtS•ANC„Ttc4,$ „... .., -Thi-$...gt*PORSAWIgNTfr,4040*THEPOUCY • PoMe5A..EADirtAREFtiLLY Th4rextloirosoopil'oito411,-sotiots 4.fIb14,ppjky ::,..09:!.11701164.0rer shall be deemed 4o provtd cover ad no,(tOkootottoti be liable iTg;pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim r provision of.skr..6h:benditwould,expoe otitiftilttgo.or restriction UnitedNations reitotOtiObor*ey440r.gono01)F. 0010pslawsorreoulatiormiif thet(irOp040,0146,„ 0.0,)teclKingdom or arittedStites,ofAtneticA. All other terms aritt40bditibrOiret0010 othaogoar •• • • • • pogo:44*o •,0,439 *Tx to • EXCLUSION CLAUSE ORtAktkit ,:OikiiivORits,ANaott4tiz.pvii.OttctiNit.DEVicEs...,ANcr...EXO.Lt4tvEs Tilts iNopit$EmENT-c.HAN0g$I11.4.1.,1940, PLEASAKI:kit.CAREFULLY Ofthis:0011CV; A does amilyidilod4injuryi,Property Damage,Personal or oiedieaogpetts.,o1ncjotittlgAoti-ogos-:for.00 and losS of services; Arising from the ownership, maintenance,.packing, 'handling" transportation, storage, igniting, .,bpeeatiOit.sPentOrshiP,Set4up:Ortelo-dOwn:OrOther'OSOE Firearms, including handguns, revolvers, pistols, rifles, shotguns, air guns, semi-automatic MeaptinS:arid,Sinillar devices; ii Fireworks, including firecrackers,'Roman'Candles"flash:powder, explosive xOrnPoSitioribe eohihWtiblie..361.5Sthe0.$,. 0.11-iii01.i#OK,34tORON tfiAfpcl displays, flares, smoke bombs, and: similar 0014cos, that produce, when ignited :,or activated, .:sound" smoke" motion or caiiibitiatitiftofthe* iii Explosives, caps, primers, detonators, ammunitions, fuses, arms; magnesium, ammonium nitrate,nitroglycerin,celluloid,pyroxylin iiitOtheit: UbStafireS1401400 for use as an explosive, by Insured or by any person for which any:Insured:may be.heldliable:ihany:capacity. B This insurance does not apply to any obligation of any Insured to indemnify, defend or 010,4!.,40 jointly or severally with another because of Bodily Injury,Property Damage,Personal and Advertising injuryormediCateiPeriseS-. .titot-fritoi 00,00.0 octivitio , poittopt y000tkodiarigo4 Page I5of63: 0010. rWrii2023. , . .. _... .. „.., . .... . i EXCLUZiit.ttAt* ; Nu4E,AiONOtOttrABILITY < • I.1414.0.0QiigiVIEN-tcHANGEsTiggP_OkItY,'-• ' PLEASE READ CAREFULLY tfi!s:'e?certion.applio§to Oli..s0c.tiOn9f#16.Policv. : . It*:polity 4o$09:trepplip: i7i,,, Under any CPYOrOge,AP:.101tmt,sickness,:disease,4.00111,PtO§truction::'. i, with respect to which an insured...Onder tne.noticy,is also an lifOred,under a nuclear:energy ilability,policy issued'rby Nuclear Energy lilabilitYliOrante:A5sPOOtiOrt,..li,Aitijar.Atomic Energy : Liability Underwriters or Nutlear,Insurance kssociatiorcof:CariadkOr*Okild be an Insured under ., anysucfrociliCce'billtfOritStermination.upon.exhaUStiOn of its limit of liability,or 1 . ii, reSUltinkfrorritn&hazardousniOnertieS of nuclear material and4iith'ieSOP414?-0.1i01.anyperson or organizatibiiTa:required to financial protection pursuant to the Atomic Energy of . .: ., 1954,.;;Or any law amendatory thereof, or pj the,Insured is, or hadlniS'.'pcificy:tit*:.been issued would be,entitiedfOindemoity.fromAhe,thilted$tateS of Aineric4oranyagendY thereof,under any agreement:entered IntO:bYtnettriitec(*ates of America, or any OgOricylhereof„'with_ah9 personxirolfg6nitio.0.4 B,. Under any Medical paymentsCoverageiorioOramiSupplementary'Pavine0ts PrOViSionrelatingtcy immediate medical or surgical,relief,:tcr.:expenses:ihcutted with respect to'Bodily Injury,.sickness,; J disease or death resulting frorntbe,haiartioms properties of nuclear material and arising out of : operationbfa nuttearlaCilitybyany-personororgaiiizatiOn; C. Under any 11.0.15114 Coverage,to injury, 8ickriSi.diseae.-,::•deatttnr destruction resulting from the :.; !..:' fozor0ousTropeiti6„6100clearniatP041,If: I. the nuclear thetotii41.1_fs at anyi nuclearfeoility pwheculn,..or operated by or on behalf'of;an 1.. Insured or(2)has been discharged or dispersed therefrom, ,. . • : IL the nuclear material is contained in spent fuel waste-at any,,,tirne'bOSSeSsed,:bandied, used, , , - . protessed,stored,fratisportad'or.disposedbfi*Or on behalf of an fn.sured;or, 7 iii. the injury, $icknessi:disease, death or destruction arises out the furnishing by an Insured of 1 . . planning; COnstrO services, materials, parts: 'Pr equipmenti in connection: with: the planning,, ... , maintenance, operation or use of!any 0,01POY fOOkty, but if such facility'is-100to4 within the :,,.. United:States of America,its territories or possessions or CaPacik•thi$'PcclOsion ft):aPnlieSohlyto itjjyty:t4fdt.clogypOgn of propert,10toth nuclear facility 0:, As used ih:thiendoitettierit-. "hazardous properties"IrickkOeradioactikie.16***0001*Properfies;Nitieletkat01011:means source: material,special nuclear Material bfilAt,pro. duct,matki*"Sottr*Matertal "special.nUtleaerriaterial',: ,...,.: Pags46,0(63: oL-lio. 000.2923' and "by-product material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid,which has been used or exposed to radiation in a nuclear reactor; "waste"means any waste material(1)containing by-product material and resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means: i. any nuclear reactor, ii. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium,(2)processing or utilizing spent fuel,or(3)handling,processing or packaging waste, iii. any equipment or device used for the processing,fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235, iv. any structure, basin,excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations;"nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms,exclusions,conditions and limitations of the policy to which it is attached. All other terms and conditions remain unchanged. 6 Page 47 of 63 GL-110 May 1,2023 • RAPOACTIVKONTAM:iNATION `THIS.ENtpilsgiviENT:ctiANGES:TK4:P01.1,CY. applies,to all e'etiorts-cif In relation to liability arising outside the Li S A, its Territories or Possessions, Puerto Rico 6.i,,thk:c0a) , Zone,. 071m, policy does not cover liability of whatsoever :nature.'directly.'Or .indirectly camecl, by or contributed to by or arising from ionizing radiations or cOritOffqn4000 by radioactivity from any nuclear fi40.,c,r,from any nuclear Waste frolti tbg,torpOOtiOrt,Of ouclearfuel. Alt.:Othert0015:ari4 conditions remain unchanged. • Li • .„ POte48 of 63 6010 May 1,2023 . , • E)(46$1:0144 0410 ..:KAPIOA0190.0#40•41001040iii :' .x0-0$i•VctFARA55.4.MIAVP:• ;r171(500.044.040#000.00•Mptr40,414 otemEtitAti:tAktouLty. This,otelustilit#011.e§-t0A1 Thi$110iO4.00.4TiciticcNor A. loss or dete,(IttitiK,of or 4110e,to any property whatsoever or any loss or expense whatsoever resulting orarising therefrom or any consequential los$;!„:01r. 1. ifAia0.00efiiatAre ClireCtIV.OringlirecIliou$04,iwnr contribtited'i.taby:or artsingifrotti i; ionizing radiations 0:Yrt radioactivity f001).40V1140Or f001...or fronlany nuclear con1040,ort.Ofnucleartuel. ii theradloactive,.100,...e*plo*e:ototnefiaititiou$progerfigt.',Of'opy:exiltSlye..riutlear assernblV, • -:Oreafcomoonerix:tliereof, AN other ternwani[conititions remationChange.c4. • P4g0:49,of 63 • 'EXCLLISIOUCLAUSE , , 1 EEPAGE AND/OR POLLUTIONAkIVORCONTAMINATION: . . . , , . . 'THIS ENOOR.StMENT CHANOE4 THEPOLICY.: PLEASE READ IT CAREFULLY. This ekciUsion applies to,all sedions:Ofthis;golfcy, Notwithstanding any proxiiSIon.fothe contrary the policy of which this Endorsement fPrms,Partfor. , . Within apyother EndorsernentWhiCh forms part ofthis policY),thit pOlidysitilesnot:Insure:. A. anyloss,damage,:costOrmensei.or B any increase in Insured loss,damage,cost or manse;or , - 1 . . ., C.::, any loss, darnage,cost,expense,fine or penalty,which is incurred, sustained or imposed by orcig:r;. direction, instruction or.reciliest.Ot.'Pr.bY'anY agreement with,aby..coOrt,loVernment agency or any , public,civil of military authority;or threat whether or not as a result,cif*bliCor'priyata litigation), which arises from any kind of seepage or any kind-of pollution and/or contamination,Prthteat.thereof, Whether Or.,nOtcaused by or resulting from,a PPritinsured,:or from steps or rheasures;taken'in connection , withtheavdidanCee,pravention,,abatement;.mitigation,ternadiatiOn,.clearip or removal of such seepage orliallutip11.:arid/of .contamination;Orthreatthereof. The term'any kind Of seepage Or any-kind-Of pollution and/Ortoritarnination`as usectiathis;EnOorsoment , :includes(but IS pot lirnitedto):. ,k 'seepage of,or pollution and/or contamination by,anything,including but limited to,arn,ffnaqtql. ,. designated as , .'hozardous.subtant0'by the,United States Environmental Protection Agency or as a 'hazardous Material! by the United States Department of'Transportation, or defined, as a 'toxic substance' by the Canadian EriViromtigotal Protection Act for the purposes of Part II of' that-Ad.& , any'substancedeSignated or defined aStoxic,dangerous,haprdousordeleterioUsti persons or the environment under any other Federal, ,‘State, Provincial, Municipal or other law; ordinance or Tegylation.,::and • lk, the Pretencei existence,or releaseOf abYthippyhich endangerS Or threatenstoendangerthe health,, r , safety,or-welfare of perSonspriho:environment, , . All other'terms and;coriditionSiremain unChanged. f....., ,., . :,. , . , • . 1?*5P"of 63 1 P040 *Mayl,2023. • EXttu4pisifCLAUsE: ciiiipotacipeNtr EXCLUSION:.:. PLEASE READ IT 00.:0....OptiOgiCONT.CHANGESINE:POLIM cAROott.t. 1. NotWithStandinganydrovisionlo therdontraN WittiirabisidolicroranYsendO6elnelittherOtOi this; policy a.ny0Oor Loss. • 2,. lf:WeAllege that by reason ofitbiS.extfusidn,Any•CyberLOSS sustained bythe Insured is not covered by thispOliCYlthe.bUrdenot proving thetontrarysballide up Insure. Definitions 'Cyber Loss means all aCtUal.or alleged loss,,damage,liability, injury, compensation, sickness, diseaseideathim'edical:payment,,clairni cost,clfensecoSt,:epenseoranyother amount incurred by or accruing.tdAl*CoentlariVi:imimOing but not limited any mitigation cost or statutory'fin0. or penalty,directly or indirectly caused by .tontributed:.:toby resulting from,arising out of of in, conneetion.Withf.alqqbkrinclOgnt .4.. .Alb0:1100.101iFt < 4,1 an unauthorized or or series,Of related unauthorized or malicious acts,. regarOlOss:.Or titne and place,&the42 a failure to act,any threat.:OellOa)(tbereOkandide error or'.0r...r*Iorvor accident,.oreties,of related failures to act,errors prml*sipp ..praccidents;and/or breach tif duty,,Statutorydoty, or regulatory duty.or trust or e..rieS:Ofl744:t00.,breaches of ...t.:10,tyi.s4opty:duty orregulatory.dOtydrtrd$t involving access to,processing of,use of or'operation of.any Computer Syste 00t Ony,data:by 6rtstp.drottorgropp(A of persons. Computer System means:: computer, .hardware, software,; information: technology and communications system or electronic device,including any similar system or any configuration of tflg-.0-lorementiohed.:TaiiiiinotiditigAny aociatedinput,..-OUtPUt or data storage device,networking .6400004 orbaCk up facility. All titheeteritis anOondltions reñain:undiiflg4. ?0051:0t6i G1:-.416 Mayl102a EXCLUSION CLAUSE COMMUNICABLE D15EME EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. ,PLEASE REAti'lr CAREFULLY Notwithstanding any provision in this Poky to the contrary, coverage is provided for any CLAIM arising out of BODILY INJURY, PROPERTY DAMAGE or any-.other attual, or alleged loss, liability, damage, compensation,injury,sickness,disease,death,medical payment,defense costrcost,;expenSe,Oranyother amount, directly or indirectly and regardless of any cither cause contributing concurrently or in any sequence, originating from, caused by,arising out of, contributed to by,,resultingfrom,,or otherwise in connection with a COMMUNICABLE:pi$FA$E,or the fear or threat (whether actual or perceived) of a CO MMUN KABIg;PlsE414g. A COMMUNICABLE DISEASE means any disease which can be transmitted by means of any substance or agent from any organism to another organisinWherei 1. thesubstance,of agent includes,but not limited to,a virus,,bacteiMrifongUs,:parasite,or other organism or variation thereof,whether'deerned living or not;and 2. the method of transmission,whether direct or indirect, includes but,is not limited to,airborne transmission,bodily flOid transmission,transmission from or to any surface or object,solid,liquid or gas or anyother-i-neens of transmission between organisms;and: 3. the disease,substance or agent can cause or threaten BODILY INJURY, including but not limited to:illness,,emotional,diStreSs,Or damage to human health or Welfare,or.p.R0Eirrt DAMAGE. All otherserosvcI conditions remain,Unchang0d, • TP.ge'.-P of 63 G1.7410 May'11:2623 - • „ . • , •, ENDORSEMENT TFRRPRI$IVIRISR,INSLIRAtiCEACTX1F2042:A$-,AMENDED IS:.Ettill()IISMENTCHAt0E .Tki. 0410. • „ . . PLEASE READ .subjoct to the terms,conditions,.exclusions and iirriitS4f the pplicyi'this.insurance:IS:eXterided to include liability and expenteS:direttlyteSUiting from any"act-ofterroriSM!"-as defined in the"U.S.Terrorism Risk InSigariCeActinf2i0as:amended The coverageaffOrdettby this;Endorsement is enly'in(respect of any Ia ility..and expenses of the type Insured by losprAnce,directly resulti-ng,frOt*:an'OttrOf terrorism" as defined in TRIA,..The coverage provided by-this-EndorSeMent,snall. expire at 12 00 midnight on the-date;00,*bien the TRIA Program terminates,or the expiry date of the policY2Whichever dccurs:fir5t,and shall ncit coverany losSeOt eVents. whjh ariseafterthe earlier of these.'4,a:t:0$•• All other terms, conditions,Insured coverage and exclusions of this Insurance including applicable limitsl and deductibles remain unchanged and apply in full force effect to the coverage provided by this , Insurance Furthermore,we will not beliableforeny;ernott,nts.fer which we are not responsible under the terms of TRIA.(inclUding.SUbSetiPervtpctio.o.of Congress pursue nt,tothe Act)due to the application of CliuSe.Whie6 te.:St4gAlfte cap onour liability farl4aYrnerit for terrorism.losses, All, . other termsand,Cenditions:Niti,Ain.:4044nged. ••.;*; • • • • 0..age51;of may. ?).43 NOTICE TO 11:5.'TBEASLIBYDEPARTNIENVSOFFICEOF:fOltEldN AsSETSCONTROLeOFAC) THIS ENOORSEIVIENT CHANPESTHE,POLICY. PLEASE READ IT CABEFULLY, No coverage-IS prOyided.by this Policyholder Notice nor on it be construed to,replace any proyisions of yor'pOliq.:You should read'your policy end review,your DeclaratiOnS page for complete On the coiterPg6S9OLI:Org rirOided. This Notice providesinforination.coriterning possible impact°Kyoto.insurance:coverage due to directives issuedby 0FAC.Please readthb Nritice carefully. The Office of Foreign Assets Control (OFAC) administers and,enforces-the.United States' economic: sanctions poliCY:OFACilArs.,k1grItified.and listed riurherOus; Foreign agents, Front organizations, Terrorists;,Terrorist organizations, and Narcotics traffickers, " s Designated Nationals:and Blocked'PerSons".This list can be'located,on the,United States Treasury's 1:1Yeb,site,-'hitpt/WWw, Areas,gmficotac, In accordance with OFAC regulations,:if it is determined that you or any.otherihStired,or any person or A entity gl?lirripothe'benefits:Of this insurance has violated U:S.'sahttioris law Or,i 'a:Speeiallr Designated National and BIOCked Person,as identified by OFAC,this insurance will considered a blocked or frozen .1 contract and all of thisinSOrenCe'are..sUbject to the retfuirernentslend'restriCtions',enforCed by 0FAC..When an insurance policy is considered to be such a blocked or frozen contract,no payments nor PreMinm.rafuntkmaYbemade,without authorization from OFAC Other lihlitPtiOns on the premiums and payments also apply All other terms and conditions remain uhthanged. • 1 ' . , Page 54 oi6: ,o1:44q- MaY' , ,_ . ..., .... .. . . ..... . , . ! .. . 0OtTATI040P,COvER.AGt To OgioNATEccto.04116Ns :1:1-11s.,ENDQROMtarcOAKE THE POLICY.. PLEASEREAtii.CAREFLILLY. This endorsement aripliesA0:ellsections;ofthiS pOlf4y.., ScheditleaDeSignated lOcOtiotw ebrporate General LiabilitYPOliCy The follOWingareAdd-ocfas:.additionarDesignated Locations.: , . Street Address : . tity State Zip . . , ;Cif no entry atinearS.above, information required,to:complete thiS endorsement will!be shown in the potiorotiou4:os!oppkicable'tothfs endriesenierit. I, In addition to ithatiS:Thetibired.ihSeetiOn.1 .CoverageA-tiodilyinjitiYAnAPebbertyParnage Liability .. , , .., ..:,. . , 1.. .1nuring Agreement paragraph 1:1; the Bodily Injury And Property Damage must occur on the , . . :. i, premisesthOwn in theSCheclnleor the.grounds anastructure:Optiurtrierit.t00100.premises.: 2, in addition;.•0 what IS:-required:Itl,:s0jOiv:PcOVO4g0:134r. :9r41-*)0:Overtising Injury tiability I. , , Insuring Agreement paragraph b, the,Offense must arise out Of your business performed on the '! premises shown in the Schedule. However.,ifthe.:PerSbneLen.0 AdYe(tiSlnginjuryistaused by: (i) 6140,1,..rot,:deteritionorliriOriSoninentOf ... (H) `The*twigfoi.'..oviotiooltorn,....wrorigf4eryiryinta;:.ot;inyastobOtth0:fightsotiiiiiratgoappancy . .. of a room,plwelling orpreniiies-thOt'e.person occupies, committed by or on behalf of,its I.! owner,leritilor.ctOr lessor; ..:i. then such offense must arise out of your busines performed on the:premises shown in the Schedule ,... and the:offense must have li.O.r.*'0:rninitted',Orr:the•prerriSes,:shoykin in the Schedule or the grounds ..h.d..steottxrgsy,012,0plip;pnista:those:1*6rti.i§4s. I , .4: In addition to.iiii.hatiS required in Section 1:.-:Coverage.:;c1Ve&a Payments 1. Insuring Agreement P. L; paragraph a the Bodily Injury must occur on the premises shown itt...tb $01*Oule or the grounds structures.appiurtenanttO tboso,:ororn . 4.: See the definition of coverag.e.:Teetitoillogo 33) for limitations on th coverage for jurisdictions ,,,.. outsidelhell,S..,WertitOrlesand pOSSesSions. -:: All other termS:entrtOoditionS remain unchanged i P0g0A-5gfP' et.,:iio moy:1„20-2a ' r , • • KES ENDCQREMENT' LA ANC QUARRIES ENPOBSEMEN1T PLEAS E READS iT CAREFUU.Y: ln-eonsideration of the payment of the: 'prorriium as shown on the Declai'atohs Page,:and' subject to the liability limits:shown therein,.1t is understood and:agreed;that coverage is extended:to nclude>liabil ty:and expenses arising;out.o#:an Occurrence:which.occurs at a quarry,hal4e cave or spring< that is owned=and operated:by.the_fkst Named lnsured.shown in'the:Declarations This endorsement applies toail: s,sectionofM:this policy: Alliotherterms-antl coni tions;remnkohohanged. C.. Page 55 of 63 0,40 day!4,2023. .ENDORSEMEINtT°` LIMI tED.TOUR=AND TRA IEL AGENT LIABILITY';ENDORSEMENT THIS ENDORSEMENT;CHANG,ES THE`POLIC,Y PLEASE REAi ITC tEFULLY..: THIS E DORStMENT PROVIDES C tIMS MAD COVERAG ' PLEASE:REA3 THE'ENTiRE,ENDOREMENT CAREFULLY In consideration of=the payment of the additional premium shoWn:on the Declarations Page,,and subject to,the subli it shown herein, it is hereby understood and agreed that:this insurance is extended tc provide Limited,:Claims Made.And Reported Tour And Travel Agent=Liability Coverage:as-described iri this endorsement. 1. 'SECTION I-COVERAGES COVERAGEA—,B'ODILY INJURY`AND PROPERTY DAMAGE LIABILITY Insuring Agreement Via to include the following:"new paragraph after paragraph:e: f Subjectto the applicable,sublimit,�we agree to pay on behalf of the insured all`suit which the Insured shaliabecome legally:obligated to pay as damages:for Claims arising from any negligent act,error or tmissiori by:the;Insured in the,:rendering of orfailure to render professional:Services that constitute TOUR,OR TRAVEL,AGEt CY`SERVICES •2. 'SUBUNIT. The following;subiimit applies to,the coverage provided underthis endorsement; The Underwriter.will,pay na more than $250,000 for sums which"the Insured shalt become legally obligatedto pay as damages for Claims Claims arising from any'negligent act,;error or omission by the Insured: In`the renderingof or failure to render Professional Services that constitute TOUR OR TRAVEL SERVICES. This`sublifn t is,within the-Per Event and,Aggregatee Limits ofi:Insurance°for"the policy and does not°add to those°limits. 3. DEFINITIONS A. For purposes of the coverage provided by this endorsemment, an EVENT means a negligent act error or orrmission by;the-insured;in the rendering of or failureto;render Professional Services that: constitute TOUR OR"TRAVEL AGENCY SERVICES An EVENT that is ongoing or involves,.a series of negligent acts,errors or omissions:that are related shall be considered a single EVENT and shall be considered to-occur on'fhe first:date on which the EVENT commenced.. 13. For purposes of the coverage provided by this en dorsement,a:PARTICIPANT includes a person for whom the Insured provides.Professional Services.that constitute TOUR ORTRAVEL AGENCY SERVICES:: c for purposes of the=coverage provided by this endorsement,Professional Services=includes TOUR. OR TRAVELAGENCY SERVICES,,which means the services provided by an Insured who acts as a tour or travel'agent in arranging travel related activities for.PARTICIPANTS with airlines,hotels,,. Page 57 of 63' Mayr T,2023 'GE-11(�- resorts,dive operators and other vendors of travel or recreational services. 4. ADDITIONAL EXCLUSIONS. The coverage provided by this endorsement is subject to all of the exclusions found in the policy. If an exclusion found in the policy is limited to excluding coverage for Claims alleging BODILY INJURY or PROPERTY DAMAGE arising from a specified cause of loss, for purposes of the coverage provided by this endorsement the exclusion shall be deemed to exclude coverage for any Claim made in connection with any loss,injury,damage,cost or expense of any sort arising from the specified cause of loss. ' The coverage provided by this endorsement also is subject to the following exclusions: No coverage is provided for any Claim: a. Arising out of BODILY INJURY or PROPERTY DAMAGE; b. Arising out of the cancellation or any change in travel arrangements by an airline, cruise line, transportation service,agency,dive operator,tour operator or other vendor,service provider or carrier; c. Arising out of a change in travel or other plans by a PARTICIPANT or other person; d. Arising out of any order or other action of any governmental authority or any change in law or regulation or change in any policy of any governmental authority; e. Arising out of the failure of an airline, cruise line, transportation service, dive operator, tour operator or other vendor, service provider or carrier to provide the bargained-for travel or recreational services or refund money due to any person, unless the Insured had actual knowledge prior to booking that such vendor, service or carrier had previously failed to provide bargained-for travel or recreational services or to refund money for such services when a refund was due; f. Arising out of the Insured's violation of any consumer fraud, consumer protection, consumer z privacy, unfair trade or deceptive business practice or statutory or common law unfair competition; g. Arising out of any dishonest,fraudulent,malicious or criminal act or omission of the Insured; h. Arising out of bankruptcy, insolvency,receivership, liquidation and/or cessation of operations of any Insured or other entity that any Insured owns,controls or manages,or in which any Insured has a financial interest. This exclusion does not apply to any unrelated third party travel supplier. i. Arising out of any misquotation or misstatement of prices or applicable taxes or costs,cancellation l provisions, payment terms,pricing changes,failure to secure promotional offers, or any dispute with respect to fees or charges; j. Arising out of any act, error or omission relating to the recommendation, sale, maintenance, or procurement of any insurance policy or bond or investigation, adjustment or outcome of any insurance claim; Page 58 of 63 GL-110 May 1,2023 k. Arising out of the gaining of profit or advantage to which the Insured was not legally entitled; I. Arising out of any violation of the Fair Labor Standards Act or any similar federal, state,or local law pertaining to working conditions,hours,employee benefits,or wages; m. By: 1. An employee of the Insured arising out of and in the course of: i. employment by the Insured;or 1 ii. performing duties related to the conduct of the Insured's business;or 2. The spouse,child,parent,brother or sister of that employee as a consequence of Paragraph 1 above.This exclusion applies: I. whether the Insured may be liable as an employer or in any other capacity;and ii. to any obligation to share Damages with or repay someone else who must pay Damages; n. Arising out of an Insured's acts or omissions in the administration of any employee benefit program or as a fiduciary in connection with any employee insurance,retirement or pension plan,including but not limited to any alleged violation of the Employee Retirement Income Security Act of 1974 and its amendments,or any similar state or local laws,or any regulations or orders issued in connection therewith; o. Arising out of any actual or alleged: 1. Failure to employ; 2. Termination of employment,including actual or alleged constructive dismissal; 3. Breach of employment contract; 4. Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, employment related misrepresentation, employment related emotional distress, retaliation, or other employment related practices, policies, acts or • omissions;or 5. Any consequential liability,damage,loss,cost,or expense as a result of 1,2,3,or 4 above; I p. Against an Insured by or on behalf of: 1. Any other Insured; 2. Any entity: i. which is owned,operated,or controlled by the insured; Page 59 of 63 GL-110 May 1,2023 ii. 'which owns,operates,or controls the Insured;or iii. which is affiliated with the Insured through any common ownership,operation or control;or iv. in which the Insured is a director,officer, partner,trustee,shareholder,member, manager,or employee;or 3. Any business enterprise,charitable organization or pension,welfare,profit sharing,mutual or investment fund,or trust owned or sponsored by the Insured; q. Arising out of the rendering or failure to render any medical, dental, surgical, nursing, or therapeutic service of treatment, or from the furnishing or failure to furnish any drugs, medications, medical, or dental supplies or appliances, or out of the Insured's negligence in screening, selection, hiring, retention, training, instruction, or supervision of any employee, officer or partner of the Insured or any other person or organization engaged in providing or failing to provide such services. However,this exclusion shall not apply to any medical services which are rendered as emergency first aid treatment at the time of an accident; r. Arising out of the breach of any employment agreement, non-competition agreement, non- solicitation agreement,confidentiality agreement,fiduciary duty,or duty of loyalty on the part of the Insured or any past, present or prospective employee, independent contractor, director, officer, partner,or shareholder of the Insured; s. Arising out of the booking, leasing, sale, rental or management of any TIME-SHARE properties. This exclusion does not apply with respect to incidental travel arrangements made by the Insured on behalf of travelers to or from such TIME-SHARE properties. Incidental travel includes airline ticketing,automobile rental and ground transportation. TIME-SHARE means a system for sharing ownership of any apartment, condominium, villa or the like as defined in the time-sharing agreement. t. Arising out of the sale, rental, or distribution of any sports or recreational equipment by the Insured, including but not limited to ski equipment, bicycles, rafts, snowmobiles, and SCUBA diving and snorkeling equipment; u. Arising out of any commingling of money,or the inability or failure to pay or collect money or the value of mileage points,vouchers,travel credits,or other negotiable instrument,for any reason, whether on the part of the Insured,or any other party,including but not limited to unauthorized or illegal credit card transactions,debit memos,commissions,profits,or refunds and bankruptcy, insolvency,receivership,liquidation or cessation of operations; v. Arising out of Internet technology services provided by the Insured, including but not limited to the transmission of computer viruses,corruption of databases, misappropriation, alteration, or deletion of data or harm to the integrity of a computer system.However,this exclusion does not apply to any act or omission Involving researching travel related information,placing reservations, or communication by electronic mail by the Insured as part of the Insured's TOUR OR TRAVEL AGENCY SERVICES. Page 60 of 63 GL-110 May 1,2023 5. ADDITIONAL CONDITIONS. The coverage provided by this endorsement is subject to all of the terms and conditions found in the Policy,except as expressly modified herein, and the following additional conditions: 14. This coverage is excess to any other insurance maintained by any airline, hotel, resort, dive operator,concessionaire,vendor or sub-contractor or other person who provides services to the Insured or a PARTICIPANT. • Any Claim under this endorsement will only be paid if the Claim has been wholly or partially denied by such airline, hotel, resort, dive operator, concessionaire,vendor or sub-contractor or other person,or its insurer;and if partially denied,payment will be limited to the unpaid amount to the extent such amount is covered under this endorsement. Should a Suit arise based on the interpretation or enforcement of this endorsement,any airline, hotel, resort, dive operator,concessionaire,vendor or sub-contractor or other person who may have primary liability for the Claim shall be a necessary and indispensable party. All other terms and conditions remain unchanged. Page 61 of 63 GL-110 May 1,2023 ENDQR$EMENT ., SCHECOLED WAtittO4Ft ilAt*IrtarkitidlOeMENt 11-11 .1EINIppR$EIVIENT.cHAMPPIHEPOI..-104, PJ.70$0:.(10801trtAtIEFOLILY. 1:14.,OOnSidefatiO-A,Of the:pkinient ofthè til premium 0)pwrt the:ploclootipp$pogo,and subject to the liability limits show therein, it is understood and agreed is extended to ..tbk4.0tOttAL,d,ENEOALLIABititt bescriptionOtVatercraftz Any watercraft$00wp,p60*WotptcrAft,§pflpdplill:i.ptiriOic4p1:14144iw.frt5.prancq 1, Exclusion g of tOVERAGEAl$ECTION a0,0111:;to.ahir,::$dhediited N1110-tet0aft',:OtOttettije..USed.. 6.V...Off0#040:#..f011470:04:**0-0)P,W.Aii.Ttfl **P! 'i.0.44sfoogi' :0004.?'4,A:(SE01001): shalt continue to;apply to any watercraft rented to others by the.Named Insured, tinleS?rental operations are a designated approved activity listed in the'01.0 operations on 'the declarationspage.. . . , 2 Rentals Of:P.P.0$.01) jf.:r01tP.410.001er4.. without an approved(by the UndenktiterS);:captainatthe helm 3 WHO IS.AN INSURED (SECTION II) is amended to include as,2'an Insured, any person or organization legally_responibleforthe use of any such watercraft you own;provided the actual use is with your opopi*.:000;.. All other terms and.,condltionsremaln imchafiged., M00.0(43 ENDORSEMENT . .„, WATERCRAFT SCHEDULE: THIS ENDORSEMENT POLICY, PLEASE READ CAREFULLY., ThiS'enddrSenientliroVidet,SUPOlerriental information for the following: "tOMMEACIAL'GgNoALAJABILITV Watercraft Schedule YEAR MAKE/MOPE, SERIAL 11 VALVE' LIABILITY PHYSICAL APPLIES: bAm46t, APPLIES NO NO The physical damage coverage option is for scheduled watercraft only and iS subject to a per 'Obit dedUctibleof SIXI00,foreach occurrence or a deductibleiln.theamounfd'Iltef the schedule value of the SChedilledWatereraft,VhicheVer is greater.ThereJS',e 3..X.;'n'arned stern)deductible or$250()„Whichevef is greater:ThereAs.epeiTudit'deductible of$2,500 for eaCtroccurrenceor a deductible in,the.amount Of qe/e.of'the scheduled value.of the schedule watercraft,Awhichever is greater for every theft and/or' mysterious disappearance,:Per unit is$:560,eacii•for:sChedUle trailers.. All other terms and conditions remain unchanged. Oage.63.-of'E,A. Gt410.: Nay;1,:101:3