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18-167.00 LSB Consulting Engineers: Council Chambers Curved Wall Structural Review g-((07 AGREEMENT FOR PROFESSIONAL SERVICES LSB Consulting Engineers THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and LSB Consulting Engineers,hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied-upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. • C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31,2018,unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation. City agrees to pay Consultant an agreed upon hourly rate and miscellaneous expenses up to a maximum amount of$10,000.00 as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name:LSB Consulting Engineers Phone:(509)720-5000 Phone: 509-323-9292 Address: 10210 East Sprague Avenue Address: 523 E. Third Ave. Spokane Valley, WA 99206 Spokane, WA 99202 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more Agreement for Professional Services(with professional liability coverage) Page 2 of 6 public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish,disclose,distribute,and otherwise use, in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. Agreement for Professional Services(with professional liability coverage) Page 3 of 6 4. Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability,and commercial general liability insurance: 1.Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant,irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for, all pertinent deductibles,self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees,from any and all claims, actions, suits, liability, loss, Agreement for Professional Services(with professional liability coverage) Page 4 of 6 costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees. Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane Agreement for Professional Services(with professional liability coverage) Page 5 of 6 County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19.Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor, service,or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this day of O406 r ,2018. CITY F S�PjO E V LEY Consultant: 9,,, -3' (.....) Mark Calhoun,City Manager By: Joseph D.Scholze Its: Authorized Representative,Pr' ipal Engineer AT41,r.. ^� 11 Christine Bainbridge,City Clerk: APPROVEDOFOR^ M Office the CitY orney Agreement for Professional Services(with professional liability coverage) Page 6 of 6 LiI3 Standard Fee Schedule CONSULTING ENGINEERS January 2 0 1 8 Principal Engineer $115 per hour Senior Engineer $105 Staff Engineer $95 Graduate Engineer $85 Senior Designer $85 Designer • $80 Senior Design Tech $75 Design Technician $65 Administrative Staff $55 Expenses will be billed at actual cost plus a 10% markup. Costs for transportation by automobile will be charged at the prevailing federally approved rate per mile. Unless otherwise specified, charges are due and payable within thirty (30) days after receipt of invoice. SOW: Based on a phone conversation on 10/17/18,with John Hohman, LSB Consulting Engineers proposes to provide engineering services on an hourly basis per the attached January 2018 Standard Fee Schedule to the City of Spokane Valley.Task(s) currently include a visit to the City Hall building, located at 10210 E. Sprague Ave,to assess some cracks located on the radiused exterior wall on the northeast corner of the building; cracks occurring in the interior wallboard,the lobby area, and in the exterior masonry. A follow up assessment letter/report will be produced for the City,determining likely causes and possible remedies. A-I-F? ~", LSBCONS-02 MMAYNARD AC-ORO' CERTIFICATE OF LIABILITY INSURANCE DATE 10/23/2018Y) �'�'' 10/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Laureen Goll NAME: Hub International Northwest LLC PHONEFax PO Box 3144 (A/c,No,Ext):(509)863-0330 (A/C,No): Spokane,WA 99220 ADDRESS:laureen.goll@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC X INSURER A:Mutual of Enumclaw Insurance Company 14761 INSURED INSURER B: LSB Consulting Engineers,PLLC INSURER C: 523 East Third Ave INSURER D: Spokane,WA 99202-2260 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POUCY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) IMM/DD/YYYYI A X COMMERCIAL GENERAL LI ABIUTY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X BOP0002798 06/01/2018 06/01/2019 PREMISES(Ea E ante) $ 300,000 X Business Owner MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE y $ 4,000,000 POLICY n j7IS LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE UABILITY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ ANY AUTO BOP0002798 06/01/2018 06/01/2019 BODILY INJURY(Per person) $ 2,000,000 OWNED SCHEDULED AUTOSRREE��ONLY _ AUTOS SSyyNEp BODILYOINJURYp (Per accident) $ X ATOS ONLY X AUTOS ONLY (PPerracEciident)AGE $ $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS UAB CLAIMS-MADE UMC0000986 06/01/2018 06/01/2019 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Business Owners Pol BOP0002798 06/01/2018 06/01/2019 Per Occurrence 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101 Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is additional insured as respects General Liability for the ongoing operations of the Named Insured,as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE 6,s.41-- I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS EB 99 01 03 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM (The Coverages and Limits shown below are subject to the terms and conditions found in the remainder of this Endorsement.) Schedule 1. Covered Property Signs attached to buildings and business personal property. 2. Additional Coverages Limits of Insurance a. Debris Removal $25,000 b. Preservation of Property 60 days c. Fire Department Service Charge $15,000 d. Collapse Refer to Page 3 e. Water Damage, Other Liquids, Powder Or Molten Material Damage Refer to Page 4 f. Business Income Actual Loss Sustained g. Extra Expense Actual Loss Sustained h. Pollutant Clean-Up And Removal $15,000 i. Civil Authority 4 weeks/72 hr.deductible j. Money Orders And"Counterfeit Money" $5,000 k. Employee Dishonesty $15,000 I. Forgery Or Alteration $15,000 m. Ordinance Or Law Coverage-Blanket-Coverages 1, 2 and 3 $100,000 n. Business Income From Dependent Properties $10,000 o. Glass Expenses Refer to Page 9 p. Fire Extinguisher Systems Recharge Expense $10,000 q. Electronic Data $25,000 r. Interruption Of Computer Operations $25,000 s. Limited Coverage For"Fungi",Wet Rot Or Dry Rot $15,000 t. Lock And Key Replacement $2,500 u. Utility Services $10,000 v. Reward Payment $10,000 w. Inventory And Loss Adjustment Expense $5,000 x. Back-Up of Sewers, Drains or Sumps $25,000 y. Money and Securities $10,000 Inside/$2,000 Outside z. Fine Arts $10,000 3. Coverage Extensions a. Newly Acquired Or Constructed Property Buildings $500,000 Business Personal Property $250,000 b. Personal Property Off-Premises Including Transportation $25,000 c. Outdoor Property $10,000/$1,000 per tree, shrub or plant d. Personal Effects And Property Of Others $2,500 per person/$10,000 maximum e. Valuable Papers and Records $25,000 On Premises/$5,000 Off Premises f. Accounts Receivable $25,000 On Premises/$5,000 Off Premises g. Detached Signs $10,000 h. Business Personal Property Temporarily In Portable Storage Units $10,000 4. Limits Of Insurance 5. Deductibles 6. Loss Payment 7. Optional Coverages 8. Other Insurance Condition 9. Definitions 10. Additional Insured-Building Owner 11. Blanket Additional Insured EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 19 The proximity limitation found anywhere within the Businessowners Policy is amended from "within 100 feet"of the described premises, to "within 1,000 feet"of the described premises. 1. The following is added to Paragraph A.1. - Insurance applicable to the Covered Covered Property in Section I — Property of the Property that has sustained loss or Businessowners Coverage Form. damage. a. Buildings (b) Subject to Paragraph (3)(a) above, the (7)Signs attached to buildings. amount we will pay for debris removal expense is limited to 25%of the sum of b. Business Personal Property the deductible plus the amount that we (6) Signs attached to buildings. pay for direct physical loss or damage 2. Paragraph 5. Additional Coverages in Section I— to the Covered Property that has Property is deleted in its entirety and replaced by sustained loss or damage. However, if the following: no Covered Property has sustained a. Debris Removal direct physical loss or damage, the most we will pay for removal of debris (1) Subject to Paragraphs (2), (3) and (4), we of other property (if such removal is will pay your expense to remove debris of covered under this Additional Covered Property and other debris that is Coverage) is$5,000 at each location. on the described premises, when such (4) We will pay up to an additional $25,000, debris is caused by or results from a unless a higher limit of insurance is shown Covered Cause of Loss that occurs during in the Declarations, for debris removal the policy period.The expenses will be paid expense, for each location, in any one only if they are reported to us in writing occurrence of physical loss or damage to within 180 days of the date of direct Covered Property, if one or both of the physical loss or damage. following circumstances apply: (2) Debris Removal does not apply to costs to: (a) The total of the actual debris removal (a) Remove debris of property of yours expense plus the amount we pay for that is not insured under this policy, or direct physical loss or damage property in your possession that is not exceeds the Limit of Insurance on the Covered Property; Covered Property that has sustained (b) Remove debris of property owned by or loss or damage. leased to the landlord of the building (b) The actual debris removal expense where your described premises are exceeds 25% of the sum of the located, unless you have a contractual deductible plus the amount that we pay responsibility to insure such property for direct physical loss or damage to and it is insured under this policy; the Covered Property that has (c) Remove any property that is Property sustained loss or damage. Not Covered, including property Therefore, if Paragraphs (4)(a) and/or addressed under the Outdoor Property (4)(b) apply, our total payment for direct Coverage Extension; physical loss or damage and debris (d) Remove property of others of a type removal expense may reach but will never that would not be Covered Property exceed the Limit of Insurance on the under this policy; Covered Property that has sustained loss (e) Remove deposits of mud or earth from or damage, plus$25,000. the grounds of the described premises; b. Preservation of Property (f) Extract"pollutants"from land or water; If it is necessary to move Covered Property or from the described premises to preserve it from (g) Remove, restore or replace polluted loss or damage by a Covered Cause of Loss, land or water. we will pay for any direct physical loss of or (3) Subject to the exceptions in Paragraph(4), damage to that property: the following provisions apply: (1) While it is being moved or while temporarily (a) The most that we will pay for the total stored at another location; and of direct physical loss or damage plus (2) Only if the loss or damage occurs within 60 debris removal expense is the Limit of days after the property is first moved. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its'permission Page 2 of 19 c. Fire Department Service Charge (iii) Breakage of building glass; When the fire department is called to save or (iv)Weight of people or personal protect Covered Property from a Covered property; or Cause of Loss, we will pay up to $15,000 for (v) Weight of rain that collects on a service at each premises described in the Declarations. roof. Such limit is the most we will pay regardless of (3) This Additional Coverage — Collapse does the number of responding fire departments or not apply to: fire units, and regardless of the number or type (a) A building or any part of a building that of services performed. is in danger of falling down or caving in; This Additional coverage applies to your liability (b) A part of a building that is standing, for fire department service charges: even if it has separated from another (1) Assumed by contract or agreement prior to part of the building; or loss; or (c) A building that is standing or any part (2) Required by local ordinance. of a building that is standing, even if it d. Collapse shows evidence of cracking, bulging, The coverage provided under this Additional sagging, bending, leaning, settling, Coverage—Collapse applies only to an abrupt shrinkage or expansion. collapse as described and limited in (4) With respect to the following property: Paragraphs d.(1)through d.(7). (a) Awnings; (1) For the purpose of this Additional Coverage (b) Gutters and downspouts; — Collapse, abrupt collapse means an (c) Yard fixtures; abrupt falling down or caving in of a building or any part of a building with the (d) Outdoor swimming pools; result that the building or part of the (e) Piers, wharves and docks; building cannot be occupied for its intended (f) Beach or diving platforms or purpose. appurtenances; (2) We will pay for direct physical loss or damage to Covered Property, caused by (g) Retaining walls; and abrupt collapse of a building or any part of (h) Walks, roadways and other paved a building that is insured under this policy surfaces, or that contains Covered Property insured if an abrupt collapse is caused by a cause under this policy, if such collapse is caused of loss listed in Paragraphs (2)(a) through by one or more of the following: (2)(d),we will pay for loss or damage to that (a) Building decay that is hidden from property only if such loss or damage is a view, unless the presence of such direct result of the abrupt collapse of a decay is known to an insured prior to building insured under this policy and the collapse; property is Covered Property under this (b) Insect or vermin damage that is hidden policy. from view,unless the presence of such (5) If personal property abruptly falls down or damage is known to an insured prior to caves in and such collapse is not the result collapse; of abrupt collapse of a building,we will pay (c) Use of defective material or methods in for loss or damage to Covered Property construction, remodeling or renovation caused by such collapse of personal if the abrupt collapse occurs during the property only if: course of the construction, remodeling (a) The collapse of personal property was or renovation; caused by a cause of loss listed in (d) Use of defective material or methods in Paragraphs(2)(a)through(2)(d)of this construction, remodeling or renovation Additional Coverage; if the abrupt collapse occurs after the (b) The personal property which collapses construction, remodeling or renovation is inside a building; and is complete, but only if the collapse is (c) The property which collapses is not of caused in part by: a kind listed in Paragraph (4), (i) A cause of loss listed in Paragraph regardless of whether that kind of (2)(a)or(2)(b); property is considered to be personal (ii) One or more of the "specified property or real property. causes of loss"; EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 3 of 19 The coverage stated in this Paragraph (5) (i) The portion of the building which does not apply to personal property if you rent, lease or occupy; marring and/or scratching is the only (ii) The area within 1,000 feet of the damage to that personal property caused building or within 1,000 feet of the by the collapse. premises described in the (6) This Additional Coverage— Collapse does Declarations, whichever distance not apply to personal property that has not is greater(with respect to loss of or abruptly fallen down or caved in,even if the damage to personal property in the personal property shows evidence of open or personal property in a cracking, bulging, sagging, bending, vehicle); and leaning, settling, shrinkage or expansion. (iii)Any area within the building or at (7) This Additional Coverage — Collapse will the described premises,if that area not increase the Limits of Insurance pro- services, or is used to gain access vided in this policy. to,the portion of the building which (8) The term Covered Cause of Loss includes you rent, lease or occupy. the Additional Coverage — Collapse as (b) We will only pay for loss of Business described and limited in Paragraphs d.(1) Income that you sustain during the through d.(7). "period of restoration" and that occurs e. Water Damage, Other Liquids, Powder Or within 12 consecutive months, unless a Molten Material Damage revised period of indemnity is shown in If loss or damage caused by or resulting from the Declarations,after the date of direct covered water or other liquid, powder or molten physical loss or damage. We will only material occurs,we will also pay the cost to tear pay for ordinary payroll expenses for out and replace any part of the building or 60 days following the date of direct structure to repair damage to the system or physical loss or damage, unless a appliance from which the water or other greater number of days is shown in the Declarations. substance escapes. We will not pay the cost to repair any defect that (c) Business Income means: caused the loss or damage, but we will pay the (i) Net Income (Net Profit or Loss cost to repair or replace damaged parts of fire before income taxes) that would extinguishing equipment if the damage: have been earned or incurred if no (1) Results in discharge of any substance from physical loss or damage had an automatic fire protection system; or occurred, but not including any Net Income that would likely have been (2) Is directly caused by freezing. earned as a result of an increase in f. Business Income the volume of business due to (1) Business Income favorable business conditions (a) We will pay for the actual loss of caused by the impact of the Business Income you sustain due to Covered Cause of Loss on the necessary suspension of your customers or on other businesses; "operations" during the "period of and restoration". The suspension must be (ii) Continuing normal operating caused by direct physical loss of or expenses incurred, including damage to property at the described payroll. premises.The loss or damage must be (d) Ordinary payroll expenses: caused by or result from a Covered Cause of Loss. With respect to loss of (i) Means payroll expenses for all your employees except: or damage to personal property in the i. Officers; open or personal property in a vehicle, the described premises include the ii. Executives; area within 1,000 feet of such iii. Department Managers; premises. iv. Employees under contract; With respect to the requirements set and forth in the preceding paragraph, if you occupy only part of a building, your v. Additional Exemptions shown in the Declarations as: premises means: • Job Classifications; or EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 4 of 19 • Employees. Property. (ii) Include: g. Extra Expense i. Payroll; (1) We will pay necessary Extra Expense you ii. Employee benefits, if directly incur during the"period of restoration"that related to payroll; you would not have incurred if there had iii. FICA Payments you pay; been no direct physical loss or damage to property at the described premises. The iv. Union dues you pay;and loss or damage must be caused by or result v. Workers' compensation from a Covered Cause of Loss. With premiums. respect to loss of or damage to personal (2) Extended Business Income property in the open or personal property in (a) If the necessary suspension of your a vehicle, the described premises include the area within 1,000 feet of such premises. operations produces a Business Income loss payable under this policy, With respect to the requirements set forth we will pay for the actual loss of in the preceding paragraph, if you occupy Business Income you incur during the only part of a building, your premises period that: means: (i) Begins on the date property except (a) The portion of the building which you finished stock is actually repaired, rent, lease or occupy; rebuilt or replaced and (b) The area within 1,000 feet of the "operations"are resumed; and building or within 1,000 feet of the u Ends on the earlier of: premises described in the i. The date you could restore Declarations, whichever distance is your "operations", with greater (with respect to loss of or reasonable speed, to the level damage to personal property in the which would generate the open or personal property in a vehicle); and Business Income amount that would have existed if no direct (c) Any area within the building or at the physical loss or damage had described premises, if that area occurred; or services, or is used to gain access to, ii. 60 consecutive days after the the portion of the building which you rent, lease of occupy. date determined in Paragraph (a)(i)above. (2) Extra Expense means expense incurred: However, Extended Business Income (a) To avoid or minimize the suspension of does not apply to loss of Business business and to continue"operations": Income incurred as a result of (i) At the described premises; or unfavorable business conditions (ii) At the replacement premises or at caused by the impact of the Covered temporary locations, including Cause of Loss in the area where the relocation expenses, and costs to described premises are located. equip and operate the replacement (b) Loss of Business Income must be or temporary locations. caused by direct physical loss or (b) To minimize the suspension of damage at the described premises business if you cannot continue caused by or resulting from any "operations". Covered Cause of Loss. (c) To: (3) With respect to the coverage provided in this Additional Coverage, suspension (i) Repair or replace any property; or means: (ii) Research, replace or restore the lost information on damaged (a) The partial slowdown or complete "valuable papers and records"; cessation of your business activities;or (b) That a part or all of the described To the extent it reduces the amount of premises is rendered untenantable, if loss that otherwise would have been payable under this Additional coverage for Business Income applies. Coverage or Additional Coverage f. (4) This Additional Coverage is not subject to Business Income. the Limits of Insurance of Section I — (3) With respect to the coverage provided in EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 5 of 19 this Additional Coverage, suspension Civil Authority Coverage for Business Income means: will begin 72 hours after the time of the first (a) The partial slowdown or complete action of civil authority that prohibits access to cessation of your business activities,or the described premises and will apply for a (b) That part or all of the described period of up to four consecutive weeks from the premises is rendered untenantable, if date on which such coverage began. coverage for Business Income applies. Civil Authority Coverage for necessary Extra (4) We will only pay for Extra Expense that Expense will begin immediately after the time occurs within 12 consecutive months after of the first action of civil authority that prohibits the date of direct physical loss or damage. access to the described premises and will end: This Additional Coverage is not subject to (1) Four consecutive weeks after the date of the Limits of Insurance of Section I — that action; or Property. (2) When your Civil Authority Coverage for Business Income ends; h. Pollutant Clean-up And Removal We will pay your expense to extract"pollutants" whichever is later. from land or water at the described premises if The definitions of Business Income and Extra the discharge, dispersal, seepage, migration, Expense contained in the Business Income and release or escape of the"pollutants" is caused Extra Expense Additional Coverages also by or results from a Covered Cause of Loss that apply to this Civil Authority Additional occurs during the policy period. The expenses Coverage. The Civil Authority Additional will be paid only if they are reported to us in Coverage is not subject to the Limits of writing within 180 days of the date on which the Insurance of Section I—Property. Covered Cause of Loss occurs. j. Money Orders And "Counterfeit Money" This Additional Coverage does not apply to We will pay for loss resulting directly from your costs to test for, monitor or assess the having accepted in good faith, in exchange for existence, concentration or effects of merchandise, "money"or services: "pollutants". But we will pay for testing which is (1) Money orders issued by any post office, performed in the course of extracting the express company or bank that are not paid "pollutants"from the land or water. upon presentation; or The most we will pay for each location under (2) "Counterfeit money"that is acquired during this Additional Coverage is$15,000 for the sum the regular course of business. of all such expenses arising out of Covered The most we will pay for any loss under this Causes of Loss occurring during each separate Additional Coverage is$5,000. 12-month period of this policy. i. Civil Authority No Deductible applies to this Additional Coverage. When a Covered Cause of Loss causes k. Employee Dishonesty damage to property other than property at the described premises, we will pay for the actual (1) We will pay for direct loss of or damage to loss of Business Income you sustain and Business Personal Property and "money" necessary Extra Expense caused by action of • and "securities" resulting from dishonest civil authority that prohibits access to the acts committed by any of your employees described premises, provided that both of the acting alone or in collusion with other following apply: persons (except you or your partner) with (1) Access to the area immediately the manifest intent to: surrounding the damaged property is (a) Cause you to sustain loss or damage; prohibited by civil authority as a result of the and also damage, and the described premises are (b) Obtain financial benefit (other than within that area but are not more than one salaries, commissions, fees, bonuses, mile from the damaged property; and promotions, awards, profit sharing, (2) The action of civil authority is taken in pensions or other employee benefits response to dangerous physical conditions earned in the normal course of resulting from the damage or continuation employment)for: of the Covered Cause of Loss that caused (i) Any employee; or the damage, or the action is taken to (ii) Any other person or organization. enable a civil authority to have unimpeded access to the damaged property. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 6 of 19 (2) We will not pay for loss or damage: employee before or after being hired by (a) Resulting from any dishonest or you. criminal act that you or any of your (7) We will only pay for covered loss or partners commit whether acting alone damage sustained during the policy period or in collusion with other persons. and discovered no later than one year from (b) Resulting from any dishonest act the end of the Policy Period. committed by any of your employees (8) If you (or any predecessor in interest) (except as provided in Paragraph a.), sustained loss or damage during the period "managers"or directors: of any prior insurance that you could have (i) Whether acting alone or in recovered under that insurance except that collusion with other persons; or the time within which to discover loss or (ii) While performing services for you damage had expired, we will pay for it or otherwise. under this Additional Coverage, provided: (c) The only proof of which as to its (a) This Additional Coverage became existence or amount is: effective at the time of cancellation or (i) An inventory computation; or termination of the prior insurance;and (ii) A profit and loss computation. (b) The loss or damage would have been (d) Caused by an employee if the covered by this Additional Coverage employee had also committed theft or had it been in effect when the acts or any other dishonest act prior to the events causing the loss or damage effective date of this policy and you or were committed or occurred. any of your partners, "members", With respect to the Employee Dishonesty "managers", officers, directors or Additional Coverage, employee means: trustees, not in collusion with the (a) Any natural person: employee, learned of that theft or (i) While in your services or for 30 dishonest act prior to the policy period days after termination of service; shown in the Declarations. (ii) Who you compensate directly by (3) The most we will pay for loss or damage in salary, wages or commissions; any one occurrence is: and (a) $15,000; or (iii) Who you have the right to direct and control while performing (b) the Limit of Insurance shown in the services for you; Declarations for Employee Dishonesty; (b) Any natural person who is furnished whichever is greater. temporarily to you: (4) All loss or damage: (i) To substitute for a permanent employee, as defined in (a) Caused by one or more persons; or (b) Involvinga single act or series of Paragraph (1) above, who is on 9 leave; or related acts; (ii) To meet seasonal or short-term is considered one occurrence. workload conditions; (5) We will pay only for loss or damage you (c) Any natural person who is leased to sustain through acts committed or events you under a written agreement occurring during the Policy Period. between you and a lab leasing firm, to Regardless of the number of years this perform duties related to the conduct of policy remains in force or the number of your business but does not mean a premiums paid, no Limit of Insurance temporary employee as defined in cumulates from year to year or period to Paragraph (b)above; period. (d) Any natural person who is a former (6) This Additional Coverage does not apply to employee, director, partner, member, manager, representative or trustee any employee immediately upon discovery retained as a consultant while by: performing services for you; or (a) You; or (e) Any natural person who is a guest (b) Any of your partners, officers or student or intern pursuing studies or directors not in collusion with the duties, excluding, however, any such employee; person while having care and custody of any dishonest act committed by that of property outside any building you occupy in conducting your business. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 7 of 19 property caused by or resulting from any any increased period required due to the Covered Cause of Loss. enforcement of or compliance with any However, this Additional Coverage does ordinance or law that: not apply when the only loss at the (a) Regulates the construction, use or dependent property is loss or damage to repair, or requires the tearing down of "electronic data", including destruction or any property; or corruption of "electronic data". If the (b) Requires any insured or others to test dependent property sustains loss or for,monitor,clean up,remove,contain, damage to "electronic data" and other treat, detoxify or neutralize, or in any property, coverage under this Additional way respond to, or assess the effects Coverage will not continue once the other of"pollutants". property is repaired, rebuilt or replaced. The expiration date of this policy will not The most we will pay under this Additional reduce the Business Income coverage Coverage is$10,000. period. (2) We will reduce the amount of your (7) The definition of Business Income Business Income loss, other than Extra contained in the Business Income Expense, to the extent you can resume Additional Coverage also applies to this "operations", in whole or in part, by using Business Income From Dependent any other available: Properties Additional Coverage. (a) Source of materials; or o. Glass Expenses (b) Outlet for your products. (1) We will pay for expenses incurred to put up (3) If you do not resume"operations",or do not temporary plates or board up openings if resume"operations"as quickly as possible, repair or replacement of damaged glass is we will pay based on the length of time it delayed. would have taken to resume "operations" (2) We will pay for expenses incurred to as quickly as possible. remove or replace obstructions when (4) Dependent property means property repairing or replacing glass that is part of a owned by others whom you depend on to: building. This does not include removing or (a) Deliver materials or services to you, or replacing window displays. to others for your account. But services p. Fire Extinguisher Systems Recharge does not mean water supply services, Expense wastewater removal services, (1) We will pay: communication supply services or (a) The cost of recharging or replacing, power supply services; whichever is less, your fire (b) Accept your products or services; extinguishers and fire extinguishing (c) Manufacture your products for delivery systems(including hydrostatic testing if to your customers under contract for needed) if they are discharged on or sale; or within 100 feet of the described (d) Attract customers to your business. premises; and The dependent property must be located in (b) For loss or damage to Covered the coverage territory of this policy. Property if such loss or damage is the • (5) The coverage period for Business Income result of an accidental discharge of under this Additional Coverage: chemicals from a fire extinguisher or a fire extinguishing system. (a) Begins 72 hours after the time of direct (2) No coverage will apply if the fire physical loss or damage caused by or extinguishing system is discharged during resulting from any Covered Cause of installation or testing. Loss at the premises of the dependent property; and (3) The most we will pay under this Additional (b) Ends on the date when the property at Coverage is $10,000 in any one the premises of the dependent occurrence. property should be repaired, rebuilt or No Deductible applies to this Additional replaced with reasonable speed and Coverage. similar quality. q. Electronic Data (6) The Business Income coverage period, as (1) Subject to the provisions of this Additional stated in Paragraph (5), does not include Coverage, we will pay for the cost to EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 9 of 19 replace or restore "electronic data" which Covered Causes of Loss are subject to the has been destroyed or corrupted by a following: Covered Cause of Loss. To the extent that (a) Coverage under this Additional "electronic data" is not replaced or Coverage — Interruption Of Computer restored, the loss will be valued at the cost Operations is limited to the "specified of replacement of the media on which the causes of loss"and Collapse. "electronic data" was stored, with blank (b) If the Businessowners Coverage Form media of substantially identical type. is endorsed to add a Covered Cause of (2) The Covered Causes of Loss applicable to Loss, the additional Covered Cause of Business Personal Property include a Loss does not apply to the coverage computer virus, harmful code or similar provided under this Additional .instruction introduced into or enacted on a Coverage. computer system (including "electronic (c) The Covered Causes of Loss include a data")or a network to which it is connected, computer virus,harmful code or similar designed to damage or destroy any part of instruction introduced into or enacted the system or disrupt its normal operation. on a computer system (including But there is no coverage for loss or damage "electronic data")or a network to which caused by or resulting from manipulation of it is connected, designed to damage or a computer system (including "electronic destroy any part of the system or data") by any employee, including a disrupt its normal operation. But there temporary or leased employee, or by an is no coverage for an interruption entity retained by you,or for you,to inspect, related to manipulation of a computer design, install, modify, maintain, repair or replace that system. system (including "electronic data") by any employee, including a temporary (3) The most we will pay under this additional or leased employee, or by an entity Coverage — Electronic Data for all loss or retained by you, or for you, to inspect, damage sustained in any one policy year is design, install, modify, maintain, repair $25,000, regardless of the number of or replace that system. occurrences of loss or damage or the (3) The most we will pay under this Additional number of premises, locations or computer Coverage — Interruption Of Computer systems involved. If loss payment on the Operations is$25,000 for all loss sustained first occurrence does not exhaust this and expense incurred in any one policy amount, then the balance is available for year, regardless of the number of subsequent loss or damage sustained in, interruptions or the number of premises, but not after, that policy year.With respect locations or computer systems involved. If to an occurrence which begins in one policy loss payment relating to the first year and continues or results in additional interruption does not exhaust this amount, loss or damage in a subsequent policy then the balance is available for loss or year(s),all loss or damage is deemed to be sustained in the policy year in which the expense sustained or incurred as a result occurrence began. of subsequent interruptions in that policy year. A balance remaining at the end of a (4) This Additional Coverage does not apply to policy year does not increase the amount your"stock"of prepackaged software,or to p y of insurance in the next pol-icy year. With "electronic data"which is integrated in and respect to any interruption which begins in operates or controls a building's elevator, one policy year and continues or results in lighting, heating, ventilation, air additional loss or expense in a subsequent conditioning or security system, policy y year(s), all loss and expense is r. Interruption Of Computer Operations deemed to be sustained or incurred in the (1) Subject to all provisions of this additional policy year in which the interruption began. Coverage, you may extend the insurance (4) This Additional Coverage— Interruption Of that applies to Business Income and Extra Computer Operations does not apply to Expense to apply to a suspension of loss sustained or expense incurred after "operations" caused by an interruption in the end of the "period of restoration", even computer operations due to destruction or if the amount of insurance stated in (3) corruption of "electronic data" due to a above has not been exhausted. Covered Cause of Loss. (5) Coverage for Business Income does not (2) With respect to the coverage provided apply when a suspension of"operations"is under this Additional Coverage, the caused by destruction or corruption of EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 10 of 19 "electronic data", or any loss or damage to lightning) which take place in a 12-month "electronic data", except as provided under period (starting with the beginning of the Paragraphs (1) through (4) of this present annual policy period).With respect Additional Coverage. to a particular occurrence of loss which (6) Coverage for Extra Expense does not results in "fungi", wet rot or dry rot, we will apply when action is taken to avoid or not pay more than the total of$15,000 even minimize a suspension of "operations" if the"fungi",wet rot or dry rot continues to caused by destruction or corruption of be present or active, or recurs, in a later "electronic data", or any loss or damage to policy period. "electronic data", except as provided under (4) The coverage provided under this Limited Paragraphs (1) through (4) of this Coverage does not increase the applicable Additional Coverage. Limit of Insurance on any Covered (7) This Additional Coverage does not apply Property. If a particular occurrence results when loss or damage to "electronic data" in loss or damage by"fungi", wet rot or dry involves only "electronic data" which is rot, and other loss or damage, we will not integrated in and operates or controls a pay more,for the total of all loss or damage, building's elevator, lighting, heating, than the applicable Limit of Insurance on ventilation, air conditioning or security the affected Covered Property. system. If there is covered loss or damage to s. Limited Coverage For "Fungi", Wet Rot Or Covered Property, not caused by "fungi", Dry Rot wet rot or dry rot, loss payment will not be (1) The coverage described in Paragraphs limited by the terms of this Limited r.(2)and r.(6)only applies when the"fungi", Coverage,except to the extent that"fungi", wet rot or dry rot is the result of a"specified wet rot or dry rot causes an increase in the cause of loss" other than fire or lightning loss. Any such increase in the loss will be that occurs during the policy period and subject to the terms of this Limited only if all reasonable means were used to Coverage. save and preserve the property from further (5) The terms of this Limited Coverage do not damage at the time of and after that increase or reduce the coverage provided occurrence. under the Water Damage, Other Liquids, This Additional Coverage does not apply to Powder Or Molten Material Damage or lawns, trees, shrubs or plants which are Collapse Additional Coverages. part of a vegetated roof. (6) The following applies only if Business (2) We will pay for loss or damage by "fungi", Income and/or Extra Expense Coverage wet rot or dry rot. As used in this Limited applies to the described premises and only Coverage,the term loss or damage means: if the suspension of "operations" satisfies all the terms and conditions of the (a) Direct physical loss or damage to applicable Business Income and/or Extra Covered Property caused by "fungi", Expense Additional Coverage. wet rot or dry rot, including the cost of removal of the"fungi",wet rot or dry rot; (a) If the loss which resulted in"fungi",wet rot or dry rot does not in itself (b) The cost to tear out and replace any necessitate a suspension of part of the building or other property as "operations", but such suspension is needed to gain access to the "fungi", necessary due to loss or damage to wet rot or dry rot; and property caused by "fungi", wet rot or (c) The cost of testing performed after dry rot, then our payment under the removal, repair, replacement or Business Income and/or Extra restoration of the damaged property is Expense is limited to the amount of completed, provided there is a reason loss and/or expense sustained in a to believe that"fungi",wet rot or dry rot period of not more than 30 days. The are present. days need not be consecutive. (3) The coverage described under this Limited (b) If a covered suspension of"operations" Coverage is limited to$15,000. Regardless was caused by loss or damage other of the number of claims, this limit is the than "fungi", wet rot or dry rot, but most we will pay for the total of all loss or remediation of"fungi",wet rot or dry rot damage arising out of all occurrences of prolongs the"period of restoration",we "specified causes of loss"(other than fire or will pay for loss and/or expense sustained during the delay (regardless EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 11 of 19 of when such a delay occurs during the (i) Communication transmission "period of restoration"), but such lines, including optic fiber coverage is limited to 30 days. The transmission lines; days need not be consecutive. (ii) Coaxial cables; and t. Lock and Key Replacement (iii) Microwave radio relays except We will pay the cost of: satellites. (1) Premises entry key(s) replacement, if keys s (c) Power Supply Services, meaning the are stolen;or following types of property supplying (2) Premises entry lock repair or replacement electricity, steam or gas to the made necessary by theft or attempted theft described premises: at the described premises. (i) Utility generating plants; The most we will pay under this Additional (ii) Switching stations; Coverage is $2,500 any one occurrence, (iii) Substations; unless a higher limit of insurance is shown in (iv)Transformers; the Declarations. No Deductible applies to this Additional (v) Transmissions lines. Coverage. (4) Exclusion B.1.e.(1) in Section I - Property u. Utility Services does not apply to this Additional Coverage. We will pay for: (5) The most we will pay under this Additional (1) Direct physical loss or damage to Covered Coverage is: Property caused by an interruption of (a) $10,000 any one occurrence; or services to the described premises. The (b) the limit of insurance shown in the interruption must result from direct physical applicable Utility Services coverage loss or damage by a Covered Cause of endorsement; Loss to property described in Paragraph(3) whichever is greater. Utility Services that is located outside of a v. Reward Payment covered building described in the We will pay for reasonable expenses you incur Declarations; and for rewards that lead to: (2) The actual loss of Business Income or (1) An arson conviction in connection with a Extra Expense at the described premises caused by the interruption of services to the covered fire or explosion loss; or described premises, subject to the terms (2) A theft conviction in connection with a and conditions of the Business Income covered theft loss. and/or Extra Expense Additional The most we will pay under this Additional Coverages found in this endorsement. The coverage is $10,000 each occurrence, interruption must result from direct physical regardless of the number of persons providing loss or damage by a Covered Cause of information. Loss to property described in Paragraph(3) No Deductible applies to this Additional Utility Services that is located outside of a Coverage. covered building described in the w. Inventory and Loss Adjustment Expenses Declarations. We will pay up to $5,000 each occurrence for (3) Utility Services include: the cost of any inventory or appraisal required (a) Water Supply Services, meaning the as a result of direct physical loss or damage to following types of property supplying Covered Property caused by or resulting from water to the described premises: a Covered Cause of Loss. This Additional (i) Pumping stations; Coverage will not pay for expenses incurred in u Water mains. using the services of a public adjuster. (b) Communication Supply Services, No Deductible applies to this Additional meaning property supply Coverage. communication services, including x. Back-Up of Sewers, Drains or Sumps telephone, radio, microwave or We will pay for loss or damage to Covered television services to the described Property caused by or resulting from water that premises, such as: backs up or overflows from a sewer, drain or sump. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 12 of 19 Exclusion B.1.g.(3) in Section I-Property does arts"and"fine arts"owned by others in your not apply to this Additional Coverage. care, custody or control at covered The most we will pay under this Additional locations. We cover such property against Coverage is $25,000 each occurrence, unless direct physical loss or damage from a a higher limit of insurance is shown in the Covered Cause of Loss applying to your Declarations. business personal property at the location. y. Money And Securities (2) We will not pay for loss caused by processing of or work upon the covered (1) We will pay for loss of "money" and property including repairs or restoration. "securities" used in your business while at We will not pay for any reduction in the a bank or savings institution, within your value of damaged property after the living quarters or the living quarters of your damage has been repaired. partners or any employee (including (3) The most we will pay for loss or damage in temporary or leased employee) having use any one occurrence is $10,000 subject to and custody of the property, at the an Annual Policy Aggregate of$10,000. described premises, or in transit between The Business Personal Property any of these places, resulting directly from: deductible, as shown in the Declarations, (a) Theft, meaning any act of stealing; applies to this Additional Coverage. (b) Disappearance;or (4) The value of fine arts will be the least of the (c) Destruction. following amounts: (a) The actual cash value of that property; (2) In addition to the Limitations and (b) The cost of reasonably restoring that Exclusions applicable to property property to its condition immediately coverage,we will not pay for loss: before loss; or (a) Resulting from accounting or (c) The cost of replacing that property with arithmetical errors or omissions; substantially identical property. (b) Due to the giving or surrendering of (5) In the event of loss, the value of the property in any exchange or purchase; property will be determined as of the time or of loss. (c) Of property contained in any"money"- (6) If there is other insurance covering the same loss or damage provided by this operated device unless the amount of "money" Additional Coverage, whether covered by deposited in it is recorded by a continuous recording instrument in this policy or any other policy, we will pay the device. only for the amount of covered loss or damage in excess of the amount due from (3) The most we will pay for loss in any one that other insurance, but we will not pay occurrence is: more than the applicable limit of insurance (a) $10,000 for Inside the Premises for shown in Paragraph (3)above. "money"and"securities"while in or on the described premises or within a 3. Paragraph 6. Coverage Extensions in Section I — bank or savings institution and $2,000 Property is deleted in its entirety and replaced by for Outside the Premises for "money" the following: and "securities" while anywhere else, In addition to the Limits of Insurance of Section I— or Property, you may extend the insurance provided (b) the Limit of Insurance shown for Money by this policy as provided below. and Securities in the Declarations; Except as otherwise provided, the following whichever is greater. Extensions apply to property located in or on the (4) All loss: building described in the Declarations or in the open (a) Caused by one or more persons; or (or in a vehicle) within 1,000 feet of the described premises. (b) Involving a single act or series of a. NewlyAcquired Or Constructed Property related acts; q p Y is considered one occurrence. (1) Buildings (5) You must keep records of all "money"and If this policy covers Buildings, you may "securities"so we can verify the amount of extend that insurance to apply to: any loss or damage. (a) Your new buildings while being built on z. Fine Arts the described premises; and (1) We will pay for loss or damage to your"fine EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 13 of 19 (b) Buildings you acquire at premises unless a higher limit of insurance is shown in other than the one described, intended the Declarations. for: c. Outdoor Property (i) Similar use as the building You may extend the insurance provided by this described in the Declarations; or policy to apply to your outdoor fences, radio (ii) Use as a warehouse. and television antennas (including satellite The most we will pay for loss or damage dishes), lawns, trees, shrubs and plants (other under this Extension is $500,000 at each than "stock"of trees, shrubs or plants or trees, building. shrubs or plants which are part of a vegetated (2) Business Personal Property roof), including debris removal expense, caused by or resulting from any of the following If this policy covers Business Personal causes of loss: Property, you may extend that insurance to apply to: (1) Fire; (a) Business Personal Property, including (2) Lightning; such property that you newly acquire, (3) Explosion; at any location you acquire; or (4) Riot or Civil Commotion; or (b) Business Personal Property, including (5) Aircraft. such property that you newly acquire, The most we will pay for loss or damage under located at your newly constructed or this Extension is $10,000 but not more than acquired buildings at the location $1,000 for any one tree, shrub or plant. These described in the Declarations;or limits apply to any one occurrence, regardless This Extension does not apply to personal of the types or number of items lost or damaged property that you temporarily acquire in the in that occurrence. course of installing or performing work on Subject to all aforementioned terms and such property or your wholesale activities. limitations of coverage, this Coverage The most we will pay for loss or damage Extension includes the expense of removing under this Extension is $250,000 at each from the described premises the debris of trees, building. shrubs and plants which are the property of (3) Period Of Coverage others, except in the situation in which you are With respect to insurance provided under a tenant and such property is owned by the this Coverage Extension for Newly landlord of the descried premises. Acquired Or Constructed Property, d. Personal Effects and Property Of Others coverage will end when any of the following You may extend this insurance that applies to first occurs: Business Personal Property to apply to: (a) This policy expires; (1) Personal effects, including tools, owned by (b) 90 days expire after you acquire the you, your officers, your partners or property or begin construction of that "members", your "managers" or your part of the building that would qualify as employees, including temporary or leased Covered Property; or employees. This extension does not apply (c) You report values to us. to loss or damage by theft. We will charge you additional premium for The most we will pay for loss or damage values reported from the date you acquire under d.(1) is $2,500 per person up to a the property or begin construction of that maximum of $10,000 at each described part of the building that would qualify as premises. Covered Property. (2) Personal property of others in your care, b. Personal Property Off-Premises custody or control. You may extend the insurance that applies to The most we will pay for loss or damage under d.(2) is $2,500 at each described Business Personal Property to apply to covered premises,unless a higher limit of insurance Business Personal Property, other than is shown in the Declarations for Personal "money" and "securities" and "valuable papers Property Of Others. and records,"while it is in the course of transit or temporarily away from the described e. Valuable Papers And Records premises. The most we will pay for loss or (1) You may extend the insurance that applies damage under this Extension is $25,000, to Business Personal Property to apply to direct physical loss or damage to"valuable EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 14 of 19 papers and records" that you own, or that (c) Collection expenses in excess of your are in your care, custody or control caused normal collection expenses that are by or resulting from a Covered Cause of made necessary by loss or damage; Loss. This Coverage Extension includes and the cost to research, replace or restore the (d) Other reasonable expenses that you lost information on "valuable papers and incur to reestablish your records of records"for which duplicates do not exist. accounts receivable; (2) This Coverage Extension does not apply that result from direct physical loss or to: damage by any Covered Cause of Loss to (a) Property held as samples or for your records of accounts receivable. delivery after sale; and (2) The most we will pay under this Coverage (b) Property in storage away from the Extension for loss or damage in any one premises shown in the Declarations. occurrence at the described premises is (3) The most we will pay under this Coverage $25,000. This limit is in addition to any Extension for loss or damage to "valuable amount shown in the Declarations. papers and records"in any one occurrence For accounts receivable not at the at the described premises is $25,000. This described premises,the most we will pay is limit is in addition to any amount shown in $5,000. the Declarations. (3) Paragraph B. Exclusions in Section I — For "valuable papers and records" not at Property does not apply to this Coverage the described premises, the most we will Extension except for: pay is$5,000. (a) Paragraph B.1.c., Governmental (4) Loss or damage to "valuable papers and Action; records" will be valued at the cost of (b) Paragraph B.1.d., Nuclear Hazard; restoration or replacement of the lost or (c) Paragraph B.1.f., War And Military damaged information. To the extent that the contents of the "valuable papers and Action; records" are not restored, the "valuable (d) Paragraph B.2.f., Dishonesty; papers and records" will be valued at the (e) Paragraph B.2.g., False Pretense; cost of replacement with blank materials of (f) Paragraph B.3.; and substantially identical type. (5) Paragraph B. Exclusions in Section I — (g) Paragraph B.6., Accounts Receivable Exclusion. Property does not apply to this Coverage Extension except for: g. Detached Signs (a) Paragraph B.1.c., Governmental (1) We will pay for direct physical loss of or Action; damage to all detached signs at the described premises: (b) Paragraph B.1.d., Nuclear Hazard; (c) Paragraph B.1.f., War And Military (a) Owned by you; or Action; (b) Owned by others but in your care, (d) Paragraph B.2.f., Dishonesty; custody or control. (e) Paragraph B.2.g., False Pretense; (2) Paragraph A.3., Covered Causes Of Loss, and Paragraph B., Exclusions in Section I (f) Paragraph B.2.m.(2), Errors Or — Property, do not apply to this Coverage Omissions; and Extension, except for: (g) Paragraph B.3. (a) Paragraph B.1.c., Governmental f. Accounts Receivable Action; (1) You may extend the insurance that applies (b) Paragraph B.1.d., Nuclear Hazard; to Business Personal Property to apply to and accounts receivable.We will pay: (c) Paragraph B.1.f., War and Military (a) All amounts due from your customers Action. that you are unable to collect; (3) We will not pay for loss or damage caused (b) Interest charges on any loan required by or resulting from: to offset amounts you are unable to (a) Wear and tear; collect pending our payment of these (b) Hidden or latent defect; amounts; (c) Rust; EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 15 of 19 (d) Corrosion; or 2. The amounts of insurance applicable to the (e) Mechanical breakdown Coverage Extensions and the following (4) The most we will pay for loss or damage in Additional Coverages apply in accordance with any one occurrence is: the terms of such coverages and are in addition to the Limits of Insurance of Section I — (a) $10,000; or Property: (b) the Limit of Insurance shown in the a. Fire Department Service Charge; Declarations for Detached Signs; b. Pollutant Clean-up And Removal; whichever is greater. c. Ordinance Or Law; h. Business Personal Property d. Business Income From Dependent Temporarily In Portable Storage Units Properties; (1) You may extend the insurance that e. Electronic Data; and applies to Business Personal Property f. Interruption Of Computer Operations to apply to such property while 3. Building Limit—Automatic Increase temporarily stored in a portable storage a. In accordance with Paragraph C.4.b., the unit (including a detached trailer) Limit of Insurance for Buildings will located within 100 feet of the buildings automatically increase by 4%, unless a or structures described in the different percentage of annual increase is Declarations or within 100 feet of the shown in the Declarations. described premises, whichever b. The amount of increase is calculated as distance is greater. follows: (2) The limitation under Paragraph A.4.a.(5) also applies to property in a (1) Multiply the Building limit that applied portable storage unit. on the most recent of the policy (3) Coverage under this Extension: inception date, the policy anniversary (a) Will end 90 days after the Business date, or any other policy change Personal Property has been amending the Building limit by: placed in the storage unit; (a) The percentage of annual increase (b) Does not apply if the storage unit shown in the Declarations, itself has been in use at the expressed as a decimal (example: described premises for more than 7% is .07); or 90 consecutive days, even if the (b) .04, if no percentage of annual Business Personal Property has increase is shown in the been stored there for 90 or fewer Declarations; and days as of the time of loss or (2) Multiply the number calculated in damage. accordance with b.(1)by the number of (4) Under this Extension, the most we will days since the beginning of the current pay for the total of all loss or damage to Business Personal Property is policy year, or the effective date of the $10,000 (unless a higher limit is most recent policy change amending indicated in the Declarations for such the Building limit, divided by 365. Extension)regardless of the number of Example: storage units. If: (5) This Extension does not apply to loss The applicable Building limit is or damage otherwise covered under $100,000. The annual percentage this Coverage Form or any increase is 4%. The number of days endorsement to this Coverage Form, since the beginning of the policy year and does not apply to loss or damage (or last policy change) is 146. to the storage unit itself. The amount of increase is 4. Paragraph C. Limits Of Insurance in Section I — $100,000 x .04 x 146+365 =$1,600 Property is deleted in its entirety and replaced by the following: 4. Business Personal Property Limit — 1. The most we will pay for loss or damage in any Seasonal Increase one occurrence is the Limits of Insurance of a. Subject to Paragraph 3.b., the Limit of Section I—Property shown in the Declarations Insurance for Business Personal Property or the limit shown in this endorsement, is automatically increased by: whichever is applicable. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 16 of 19 (1) The Business Personal Property — In the event of loss or damage covered by this Seasonal Increase percentage shown policy: in the Declarations; or a. At our option,we will either: (2) 25% if no Business Personal Property (1) Pay the value of lost or damaged property; — Seasonal Increase percentage is (2) Pay the cost of repairing or replacing the shown in the Declarations; lost or damaged property; to provide for seasonal variances. (3) Take all or any part of the property at an b. The increase described in Paragraph 3.a. agreed or appraised value; or will apply only if the Limit of Insurance (4) Repair, rebuild or replace the property with shown for Business Personal Propertyoin • other property of like kind and quality, the Declarations is at least 100% of your subject to Paragraph d.(1)(e)below. average monthly values during the lesser of: b. We will give notice of our intentions within 30 (1) The 12 months immediately preceding days after we receive the sworn proof of loss. the date the loss or damage occurs; or c. We will not pay you more than your financial (2) The period of time you have been in interest in the Covered Property. business as of the date the loss or d. We will determine the value of Covered damage occurs. Property as follows: 5. Paragraph D. Deductibles in Section I — Property (1) At replacement cost without deduction for is deleted in its entirety and replaced by the depreciation, except as provided in (2) following: through (7)below. 1. We will not pay for loss or damage in any one (a) You may make a claim for loss or occurrence until the amount of loss or damage damage covered by this insurance on exceeds the Deductible shown in the an actual cash value basis instead of Declarations. We will then pay the amount of on a replacement cost basis. In the loss or damage per location in excess of the event you elect to have loss or damage Deductible up to the applicable Limit of. settled on an actual cash value basis, Insurance of Section I—Property. you may still make a claim on a 2. Regardless of the amount of the Deductible replacement cost basis if you notify us shown in the Declarations, the most we will of your intent to do so within 180 days deduct per location from any loss of or damage after the loss or damage. to the following coverages is $500 any one (b) We will not pay on a replacement cost occurrence: basis for any loss or damage: a. Building Glass; (i) Until the lost or damaged property b. Employee Dishonesty; is actually repaired or replaced; and c. Money and Securities; (ii) Unless the repairs or replacement d. Outdoor Signs (whether attached or are made as soon as reasonably detached); and possible after the loss or damage. e. Forgery or Alteration. c ( ) We will not pay more for loss or This Deductible will not increase the Deductible damage on a replacement cost basis shown in the Declarations. The Deductible will than the least of: be used to satisfy the requirements of the (i) The amount it would cost to Deductible shown in the Declarations. replace the damaged item at the 3. No deductible applies to the following time of the loss with new property coverages: of similar kind and quality to be a. Fire Department Service Charge; used for the same purpose on the same site; or b. Business Income; c. Extra Expense; (ii) The amount you actually spend in repairing the damage, or replacing d. Civil Authority; and the damaged property with new e. Fire Extinguisher Systems Recharge property of similar kind and quality. Expense. (d) The cost to repair, rebuild or replace 6. Paragraph E.5. Loss Payment of the Property does not include the increased cost Loss Conditions in Section I — Property is deleted attributable to enforcement of or and replaced by the following: compliance with any ordinance or law EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 17 of 19 regulating the construction, use or (6) Applicable only to the Money and repair of any property. Securities and Employee Dishonesty (2) If the"Actual Cash Value-Buildings"option Additional Coverages: applies, as shown in the Declarations, (a) "Money"at its face value; and paragraph (1) above does not apply to (b) "Securities" at their value at the close Buildings. Instead, we will determine the of business on the day the loss is value of Buildings at actual cash value. discovered. (3) The following property at actual cash value: (7) Applicable only to Accounts Receivable: (a) Used or second-hand merchandise (a) If you cannot accurately establish the held in storage or for sale; amount of accounts receivable (b) Property of others. However, if an outstanding as of the time of loss or item(s)of personal property of others is damage: subject to a written contract which (i) We will determine the total of the governs your liability for loss or average monthly amounts of damage to that item(s), then valuation accounts receivable for the 12 of that item(s) will be based on the months immediately preceding the amount for which you are liable under month in which the loss or damage such contract, but not to exceed the occurs; and lesser of the replacement cost of the (ii) We will adjust that total for any property or the applicable Limit of normal fluctuations in the amount Insurance; of accounts receivable for the (c) Household contents, except personal month in which the loss or damage property in apartments or rooms occurred or for any demonstrated furnished by you as landlord; variance from the average for that (d) Manuscripts; and month. (e) Works of art, antiques or rare articles, (b) The following will be deducted from the including etchings, pictures, statuary, total amount of accounts receivable, marbles, bronzes, porcelains and bric- however that amount is established: a-brac. (i) The amount of the accounts for (4) Glass at the cost of replacement with safety which there is no loss or damage; glazing material if required by law. (ii) The amount of the accounts that (5) Tenants' Improvements and Betterments you are able to reestablish or at: collect; (a) Replacement cost if you make repairs (iii)An amount to allow for probable promptly. bad debts that you are normally (b) A proportion of your original cost if you unable to collect; and do not make repairs promptly. We will (iv)All unearned interest and service determine the proportionate value as charges. follows: e. Our payment for loss of or damage to personal (i) Multiply the original cost by the property of others will only be for the account of number of days from the loss or the owners of the property. We may adjust damage to the expiration of the losses with the owners of lost or damaged lease; and property if other than you. If we pay the owners, (ii) Divide the amount determined in(i) such payments will satisfy your claims against above by the number of days from us for the owners' property.We will not pay the the installation of improvements to owners more than their financial interest in the the expiration of the lease. , Covered Property. If your lease contains a renewal option, f. We may elect to defend you against suits the expiration of the renewal option arising from claims of owners of property. We period will replace the expiration of the will do this at our expense. lease in this procedure. g. We will pay for covered loss or damage within (c) Nothing if others pay for repairs or 30 days after we receive the sworn proof of replacement. loss, provided you have complied with all of the terms of this policy; and EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 18 of 19 (1) We have reached agreement with you on The following changes revise Section II—Liability. the amount of loss; or Paragraph C. Who Is An Insured is amended to (2) An appraisal award has been made. include the following: h. A party wall is a wall that separates and is 1. Blanket Additional Insured common to adjoining buildings that are owned a. Any person or organization when you and such by different parties. In settling covered losses person or organization have agreed in writing in involving a party wall, we will pay a proportion a contract or agreement, executed prior to any of the loss to the party wall based on your "occurrence", that such person or organization interest in the wall in proportion to the interest be added as an additional insured on your of the owner of the adjoining building.However, policy. Such person or organization is an if you elect to repair or replace your building additional insured only with respect to liability and the owner of the adjoining building elects for "bodily injury", "property damage" or not to repair or replace that building,we will pay "personal and advertising injury" caused, in you the full value of the loss to the party wall, whole or in part, by: subject to all applicable policy provisions (1) Your acts or omission; or including Limits of Insurance and all other provisions of this Loss Payment Condition.Our (2) The acts or omissions of those acting on payment under the provisions of this paragraph your behalf; does not alter any right of subrogation we may In the performance of your ongoing operations have against any entity, including the owner or for the additional insured, or in connection with insurer of the adjoining building, and does not your premises owned by or rented to you. alter the terms of the Transfer Of Rights Of A person's or organization's status as an Recovery Against Others To Us Condition in additional insured under this endorsement this policy. ends when your contract or agreement with 7. Paragraph G. Optional Coverages in Section I — such person or organization ends. Property is deleted in its entirety. (b) The Limits of Insurance applicable to the 8. OTHER INSURANCE UNDER THE SAME Additional insured are those specified in the POLICY written contract or agreement but not more than If there is other insurance under this policy covering the Limits of Insurance specified in the the same loss or damage, we will pay only for the Declarations of this policy. The Limits of amount of covered loss or damage in excess of the Insurance applicable to the Additional Insured sum of: are inclusive of and not in addition to the Limits a. The amount that such other insurance paid for of Insurance shown in the declarations for the the loss or damage; and Named Insured. • b. The amount of the deductible applicable to the All other policy terms and conditions apply. loss or damage under the other insurance. The following changes revise Section III — Common However, we will not pay more than the applicable Policy Conditions. Limit of Insurance. Paragraph H. Other Insurance is amended to add the 9. The following is added to Paragraph H. Property following subparagraph: Definitions. 4. Other Insurance As Excess Insurance "Fine Arts" means paintings, etchings, pictures, To the extent required by an"insured contract",this tapestries, rare or art glass, art glass windows, insurance is primary on behalf of the additional valuable rugs, statuary, sculptures, "antique" insured,and any other insurance maintained by the furniture, "antique" jewelry, bric-a-brac, porcelains additional insured is excess and not contributory and similar property of rarity, historical value or with this insurance. If the "insured contract" does artistic merit. "Antique" means an object having not require this provision,then Paragraph 1. above value because its craftsmanship is in the style or will apply. fashion of former times and its age is 100 years or older. The following is added to Section I—Property. If you are a building owner(s), you are an insured, but only with respect to the coverage provided under this Policy for direct physical loss or damage to the building(s)described in the Declarations and owned by you.All other policy terms and conditions • apply. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 19 of 19