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23-157.00 Ogden Murphy Wallace PLLC
C3G D E N OGDEN MURPHY WALLACE, PLLC T 206.447.7000 OMWLAW.COM 901 FIFTH AVENUE, SUITE 3500 F 206.447A215 MU P H ` / SEATTLE, WA 98164 2008 WALLACE ATTORkEYS J. ZACHARY LELL 206.447.2269 zlell@omwlaw.com August 10, 2023 Via E-Mail: tbeattie@spokanevalleywa.gov City of Spokane Valley Attn. Tony Beattie Senior Deputy City Attorney 10210 East Sprague Avenue Spokane Valley, WA 99206 Re: Engagement Letter Dear Tony: Thank you for engaging our firm to represent the City of Spokane Valley in connection with providing legal services. The purpose of this letter is to confirm that we represent the City and to describe how services will be provided by Ogden Murphy Wallace, P.L.L.C. ("OMW" or "the firm"). I will be your primary service provider for purposes of this representation, and I will be assisted by other professionals in our firm as necessary. Terms of Engagement In our representation of clients, we think it is critical that our clients and the firm share the same understanding of the attorney -client relationship. To that end, enclosed is a copy of our Terms of Engagement, which have been modified to incorporate the City of Spokane Valley's standard indemnity requirements. This engagement letter and the enclosed standard Terms of Engagement set forth our agreement with you. Please review them carefully and if you understand and agree to both documents, please sign this letter where indicated and return it to us by email, fax or U.S. Mail. Please let us know if you have any questions or comments regarding our relationship. Legal Fees You will be billed for our services on an hourly basis. Member attorneys will be billed at a rate of $475.00 per hour. Associate attorneys will be billed at a rate of $300.00 per hour. Paralegal services for all matters will be billed at $205.00 per hour. These rates will increase annually in January, in an amount equal to the highest increase in the Consumer Price Index (U) for the Seattle -Tacoma - Bellevue area, from the preceding year. City of Spokane Valley August 10, 2023 Page 2 Advance Fee Deposit to Commence Representation We are waiving our customary advance fee deposit on this matter. Supervising Attorney and Assistance As supervising attorney, I will be responsible for seeing that the work is carried out in an efficient and economical manner. I may be assisted by other attorneys and legal assistants in our office. They are all bound to you by the same duties of loyalty and confidentiality that bind me. Scope of Services OMW will provide advice and representation to the City on an as -requested basis in and related to land use, zoning, planning, and project permitting matters, including without limitation administrative and judicial appeals arising out of the same. Other Matters The provisions of this letter and the attached Terms of Engagement shall apply to any other work or matter for which you engage us, including on behalf of any corporation or partnership in which you have an interest, except as otherwise agreed and/or to the extent contingent fees or flat fees are otherwise agreed. We appreciate your expression of confidence in Ogden Murphy Wallace, P.L.L.C. and would like to assure you that we will do our best to provide you with high quality legal services. If you have any questions or concerns during the course of our relationship, we encourage you to raise them with me or our Managing Member, Geoff Bridgman. If you are in agreement with the provisions of this engagement letter and the attached Terms and Conditions, please arrange for signature of this letter where indicated below by the appropriate signatory and return it to me at your earliest convenience. We look forward to working with you. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. J. Zachary Lell JZL:ijv Enclosure 4887-0764-8373, v. 1 City of Spokane Valley August 10, 2023 Page 3 On behalf of the City of Spokane Valley, I HEREBY ACCEPT AND AGREE to the Terms and Conditions as stated herein this -14^ day of August, 2023. CITY OF SPOKANE VALLEY By: C6A.'W"/ 4887-0764-8373, v. 1 OGDEN MURPHY WALLACE, P.L.L.C. TERMS OF ENGAGEMENT General Rates The usual basis for determining our fees is the time expended by attorneys, paralegals, and legal assistants of the firm. Our current rate schedule is always available upon request. Whenever it is appropriate, we will use associate attorneys, law clerks or legal assistants in our office to keep your costs as low as possible. Other Factors in Rates Although time expended and costs incurred are usually the sole basis for determining our fees, by mutual agreement billings to you for legal services may, in some instances, be based on a more comprehensive evaluation of the reasonable value of the firm's services. The firm is committed to charging reasonable fees for its services. In certain situations, factors other than the amount of time required will have a significant bearing on the reasonable value of the services performed. Such factors include: the novelty and complexity of the questions involved; the skill required to provide proper legal representation; familiarity with the specific areas of law involved; the preclusion of other engagements caused by your work; the magnitude of the matter; the results achieved; customary fees for similar legal services; time limitations imposed by you or by circumstances; and the extent to which office forms and procedures have produced a high quality product efficiently. In circumstances where our fees will be based on or include factors other than our normal hourly charges and costs, we will notify you promptly and prior to proceeding. Any basic document fee which we may charge in your business matters has been and will be set in light of these various factors. Billing Fees and Costs We will bill you on a regular basis, normally each month, for all the time spent on your project(s) and for other costs incurred relating to our work or on your behalf. The activities for which our time will be billed will include: conference time, whether in person, on the telephone or through remote platforms such as Zoom, Teams or Skype; document preparation and revision; negotiations; correspondence; staff or attorney supervision; factual and legal research and analysis; travel on your behalf, and other matters directly pertinent to and related to your business and/or litigation matters handled by our firm. Typical of the costs for which you will be billed are: filing fees; delivery fees; computer assisted legal research; copying; charges of outside experts and consultants; and travel. Payment; Interest You agree to make payment within thirty (30) days of receipt of our monthly statement. Outstanding balances that are not paid when due will accrue interest at the rate of one percent compounded monthly from the date of invoice until paid. 4887-0764-8373, v. 1 Advance Fee Deposit New clients are usually requested to provide an advance fee deposit to the firm. The advance fee deposit is placed in a trust account as described below, and fees and expenses for legal services are then charged against the account. Paying an advance fee deposit does not relieve the client's obligation to pay monthly invoices. If an invoice remains unpaid, the firm reserves the right to apply the advance fee deposit to the unpaid balance and require an additional advance fee deposit before commencing further work. At the conclusion of our legal representation or at such time as the deposit is unnecessary, the remaining balance or an appropriate part of it will be returned to you. Trust Deposits All trust deposits from you will be held in a client trust account. By court rule in Washington, funds deposited to a trust account are subject to IOLTA (Interest on Lawyers Trust Account) participation in a pooled trust account. The exception is when the deposit is large enough to earn interest in excess of bank and administrative costs, and you request that it be held in a separate account, in which case the interest earned will be added to the deposit for your benefit and will be taxable income to you. IOLTA funds are used to support law -related charitable and educational activities. Terminatinn You may terminate our representation at any time, with or without cause, by notifying us. Upon such action, all fees and expenses incurred before the termination are due to the firm. If such termination occurs, your original papers will be returned to you promptly upon receipt of payment for outstanding fees and costs. If you wish to have a copy of your file at the conclusion of our representation, we will provide it to you at the current copy rate per page then in effect at this firm. Estimates You may, from time to time, ask us for estimates of our fees and expenses either in whole or in part. We are hesitant to give estimates because of their potential inaccuracy. However, if you require it, and if we do provide you with such estimates, they will be based upon our professional judgment, but always with a clear understanding that it is not a maximum or fixed fee quotation. We cannot guarantee that the actual fees and expenses will be at or below the estimates because of factors outside the control of the firm. Dispute Resolution If you disagree with the amount of our fee, please take up the question with your principal attorney contact or with the firm's Managing Member. Typically, such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. Any disputes relating to these Terms of Engagement or the accompanying engagement letter (collectively this "agreement") or the amount of legal fees related thereto, will be submitted to arbitration through the American Arbitration Association (the "AAA") in Seattle, Washington, according to its then -effective rules, and Ogden Murphy Wallace, P.L.L.C. and you agree to be bound by the results of such arbitration. Arbitration expenses shall be bome equally by the parties. In the event of non-payment such that we have to 4887-0764-8373, v. 1 pursue collection of your account, you agree to pay the costs of collecting the debt, including court costs and fees, and a reasonable attorney's fee. Withdrawal We reserve the right to withdraw from representing you if, for any reason, our fees are not timely paid in accordance with this agreement, or for any other appropriate cause. Disclaimer You acknowledge that we have made no guarantees regarding the disposition, outcome, or results of your legal or business matters, and all expressions we have made relevant thereto are only our opinions as lawyers based upon the information available to us at the time. Our beginning work on your behalf will constitute your acceptance of this agreement unless we receive a written objection from you within fourteen (14) days of the date of the accompanying engagement letter. Indemnification and Hold Harmless We agree to the indemnification and hold harmless provisions contained in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. Insurance We agree to provide the insurance as indicated in Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full. Conclusion Thank you for retaining our firm. We look forward to working with you. 4887-0764-8373, v. 1 Exhibit A Indemnification and Hold Harmless OMW shall, at its sole expense, defend, indemnify, and hold harmless the City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, 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 OMW, OMW's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of OMW and the City, its officers, officials, employees, and volunteers, OMW's liability, including the duty and cost to defend, hereunder shall be only to the extent of OMW's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes OMW's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 4 4887-0764-8373, v. 1 Exhibit B Insurance For the purposes of this Exhibit, Ogden Murphy Wallace, P.L.L.C. shall be referred to as Consultant, and the City of Spokane Valley shall be referred to as the City. 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's required insurance shall be of the types and coverages as stated below: Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 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. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general 5 4887-0764-8373, v. 1 liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 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 ANII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 6 4887-0764-8373, v. 1 �`� " CERTIFICATE OF LIABILITY INSURANCE DAT8/09/2023 Y) 08/09/2023 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(ies) must 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 Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: PHONE 425-709-3600 FAX 425-709-7460 AIc No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Fire Ins. Hartford INSURED Ogden Murphy Wallace P.L.L.C. INSURER B : SWISS Re Corporate Solutions America Ins 901 5th Avenue Suite 3500 INSURER C : INSURER D : Seattle, WA 98164-3656 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION Nt1MBER- 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP (MIV11DD/YYYYl LIMITS A GENERAL LIABILITY B6021110700 06/01/2023 06/01/2024 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 %t COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR X X MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 X Host Liquor GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY PRO- X LOC $ A AUTOMOBILE LIABILITY B6021110700 06/01/2023 06/01/2024 COMBINED SINGLE LIMIT Ea accident 11000,000 BODILY INJURY (Per person) $ AUTO ALL OWNED SCHEDULED AUTOS AUTOS IxANY BODILY INJURY Per accident ( ) $ NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB X OCCUR B6021110700 06/01/2023 06/01/2024 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED 1 X 1 RETENTION$ 10,000 $ A WORKERS COMPENSATION ANDEMPLOYERTLIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? N / A B6021110700 `* WA Stop Gap 06/01/2023 06/01/2024 WC STATU- X OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under D DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 B Professional Liability Lawyers Professional Liability FNA337011863004 06/01/2023 06/01/2024 Limit: $2,000,000 Each Claim Retention: $50,000 Each Claim DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Spokane Valley is an additional insured and coverage is primary and non-contributory on the general liability policy per the attached endorsements/forms. Waiver of subrogation applies on the general liability policy per the attached endorsements/forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1 of 19 (SAH01) SB146932F ICNA (Ed. 6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. 1. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the.trade.show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through 1. above. Such additional insured is an insured solely for "bodily injury", "property damage" or "personal, and advertising injury" for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization; (1) For "bodily injury." 'property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products -completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect onlylo.additional insured coverage provided under paragraphs A. and B, above; The SUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This Insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named' insured. 2. Under Liability and Medical Expense Definitions, the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in. effector becomes effective during the term of this policy; and b. Was executed prior to: SB146932F (6-16) Page 4 of 7 Copyright CNA All Rights Reserved. CNA SB146932F (Ed. 6-16) (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured, and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following addilional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related lo.lhe sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c_ and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy 'of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation — Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F (6-16) Page 7 of 7 Copyrighl, CNA All Rghts Reserved. SB-300000-D (Ed. 04114) BUSINESSOWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, dudes and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the company providing the insurance. The word "insured" means any person or organization qualifying as such under Section C. — Who Is An Insured. Other words and phrases that appear it quotation marks have special meaning. Refer to SECTION F — LIABILITY DEFINITIONS. A. Coverages 1. Business liability (Bodily Injury, Property Damage, Personal and Advertising Injury) a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily Injury,' "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any '%K' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury," 'property damage" or 'personal and advertising injury," to which this insurance does not apply. We may at our discretion, investigate any "occurrence' or any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D — Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension — Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "properly damage" only if: (a) The 'bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph C.I. Who Is An Insured and no "employee authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee knew, prior to the policy period, that the 'bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury' or "properly damage" during or after the policy period will be deemed to have been known before the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or 'property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Section CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of 'bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage' will be deemed to have been known to have occurred at the earliest time when any insured listed under Section CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the 'bodily injury" or "property damage' to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage"; or SB-300000-D Includes copyrighted material of Insurance Services Orrme, Inc. , with its permission Page 1 of 16 (Ed. 04114) (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." f. Coverage Extension — Supplementary Payments (1) In addition to the Limit of Insurance of Liability we will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (a) AN expenses we incur. (b) Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (c) The cost of bonds to release attachments, but only for bond amounts within our Limit of Insurance. We do not have to furnish these bonds. (d) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $250 a day because of time off from work. (e) All court costs taxed against the insured in the "alit. However, these payments do not include attorneys' fees or attorney expenses taxed against the insured. (f) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. SB-300000-D (Ed, 04114) (2) If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit," we will defend that indemnitee if all of the following conditions are met: (a) The "suit" against the indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (b) This insurance applies to such liability assumed by the insured; (C) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract'; (d) The allegations in the "suit" and the information we know about the "occurrence' are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee: (e) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (f) The indemnitee: (i) Agrees in writing to: L Cooperate with us in the investigation, settlement or defense of the "suit"; ii. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; iii. Notify any other insurer whose coverage is available to the indemnitee; and (g) All interest on the full amount of any iv. Cooperate with us with judgment that accrues after entry of respect to coordinating other the judgment and before we have applicable insurance paid, offered to pay, or deposited in available to the indemnitee; court the part of the judgment that is and within our Limit of Insurance. (ti) Provides us with written These payments will not reduce the authorization to: Limits of insurance. SB-300000-D Includes oopyrighhed material of Insurance Services Olrloe. Inc., with its permission Page 2 of 16 (Ed. 04/14) i. Obtain records and other information related to the "suit"; and ii. Conduct and control the defense of the indemnitee in such "suit." (3) So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph B.1.b.(2) Exclusions in Section B - EXCLUSIONS, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (a) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (b) The conditions set forth above, or the terms of the agreement described in f. above are no longer met. 2. Medical Expenses a. We will pay medical expenses as described below for "bodily Injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. SB-300000-D (Ed. 04114) applicable Limit of Insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 8. Exclusions 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not. apply to Lability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that Is an "insured contract," provided the "bodily injury" or "properly damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract: reasonable attorney fees and necessary litigation expenses Incurred by or for a party other than an insured are deemed to be damages because of 'bodily injury" or "properly damage," provided: (a) Liability to such party for, or for the cost of, that partys defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. b. We will make these payments regardless of c. Liquor Liability fault. These payments will not exceed the "Bodily injury' or "property damage" for which any insured may be held liable by reason of: SS-300000-D Includes copyrighted material or Insurance Services Office, Inc., with ils permission Page 3 of 16 (Ed. 04/14) SB-300000-D (Ed. 04114) (1) Causing or contributing to the intoxication migration, release or escape of of any person; "pollutants': (2) The furnishing of alcoholic beverages to a (a) At or from any premises, site or person under the legal drinking age or location which is or was at any time under the influence of alcohol; or owned or occupied by, or rented or (3) Any statute, ordinance or regulation loaned to, any insured. However, this subparagraph does not apply to: relating to the sale, gift, distribution or use of alcoholic beverages. (I) "Bodily injury" if sustained within This exclusion applies even if the claims building and caused by smoke,sion fumes, vapor or soot from allege negligence or other wrongdoing in: equipment used to heat, cool or (a) The supervision, hiring, employment, dehumidify the building or training or monitoring of others by an equipment that is used to heat insured; or water for personal use by the (b) Providing or falling to provide buildings occupants or their guests; transportation with respect to any person that may be under the Influence of alcohol (u) "wily i^jurf or "property damage' for which you may be This exclusion applies only if you are in the held liable, fl you are a contractor business of manufacturing, distributing, and the owner or lessee of such selling, serving or furnishing alcoholic premises, site or location has beverages. been added to your policy as an d. Workers' Compensation And Similar Laws additional insured with respect to your ongoing operations Any obligation of the Insured under a workers' performed for that additional compensation, disability benefits or insured at that premises, site or unemployment compensation law or any location and such premises, site similar law. or location is not and never was e. Employer's Liability owned or occupied by, or rented or loaned to, any insured, other "Bodily Injury" to: than that additional insured; or (1) An "employee" of the insured arising out (III) "Bodily injury" or "property of and in the course of: damage" arising out of heat, (a) Employment by the Insured; or smoke or fumes from a "hostile fire"; (b) Perfortning duties related to the a (b) At or from any premises, site or conduct of the insured's business; or location which is or was at any time (2) The spouse, child, parent, brother or used by or for any insured or others a sister of that "employee" as a for the handling, storage, disposal, consequence of (1) above. processing or treatment of waste; This exclusion applies: (c) Which are or were at any time transported. handled, stored, treated, (1) Whether the insured may be #able as an disposed of, or processed as waste i� employer or in any other capacity; and by or for. (2) To any obligation to share damages with (I) Any insured; or or repay someone else who must pay = damages because of the injury. (ii) Any person or organization for whom you may be legally This exclusion does not apply to liability responsible; or assumed by the insured under an "insured contract." (d) At or from any premises, site or location on which any insured or any 1. Pollution contractors or subcontractors working (1) `Bodily injury" or "property damage" directly or indirectly on any insured's arising out of the actual, alleged or behalf are performing operations Ifthe threatened discharge, dispersal, seepage, "pollutants" are brought on or to the premises, site or location in SB-3000DO-D Wades copyrighted material or Insurance services Office. Inc.. with its permission Page 4 of 16 (Ed. 04114) connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (I) "Bodily injury' or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipmenC or its parts, it such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (11) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor, or (117 "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire.,, (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operationsare to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef`ects of, "pollutants.' (2) Any loss, cost or expense arising out of any: SB-300000-D (Ed. 04114) a. Request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". or b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants," However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any alncraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the 'occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rentod or loaned to any insured. This exclusion does not apply to: (1) An aircraft that is: (a) Hired, chartered, or loaned with a paid crew; but (b) Not owned by any insured; (2) A watercraft while ashore on premises you own or rent; (3) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; (4) Parking an "auto" on, or on the ways next to, premises you own or rent, provided SB-300000-D Includes copynghted malerial of Insurance Services Office. Inc., with its pem*,sior: Page 5 of 16 (Ed. 04/14) tf� the "auto" is not owned by or rented or loaned to you or the insured; (5) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (6) "Bodily injury" or "property damage" arising out of the operation of any of the following equipment: (a) Cherry pickers and similar devices mounted on automobile or [fuck chassis and used to raise or lower workers; and (b) Air compressors, pumps and generators, Including spraying, welding, buitding cleaning, geophysical exploration, lighting and well servicing equipment. h. Mobile Equipment "Bodily injury" or "property damage" arising out of (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition or stunting activity. 1. War "Bodily injury" or "properly damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. J. Professional Services "Bodily injury," "property damage," "personal and advertising injury" caused by the rendering or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or falling to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; SB-300000-D (Ed. 04/14) (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Body piercing services; (9) Services in the practice of pharmacy; (10) Veterinary medicine services; (11)Mortician services; and (12) Services rendered in connection with the creation and/or development, modification, or repair of "software," including, but not "led to design, specifications, system or "software" configuration and consultation. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or 'property damage," or the offense which caused the "personal and advertising injury," involved the rendering or failure to render any professional service. It. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs Dr expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to anther's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the Insured; (3) Supervisory. inspection or engineering (5) That particular part of real property on services; which you or any contractor or subcontractor working directly or (4) Medical, surgical, dental, x-ray or nursing indirectly on your behalf is performing services treatment, advice or instruction; operations, if the "property damage" (5) Any health or therapeutic service arises out of those operations; or treatment, advice or instruction; SB-300000-D Includes copyrighted material of Insurance Services Office. Inc.. voth its pennission Page 6 of 16 (Ed. 04114) (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1). (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Paragraph D. Uability And Medical Expenses Umit Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to Willy assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage` included in the "Products - completed operations hazard." I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of. (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or 'your work or (2) A de:ay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. SB-300000-D (Ed. 04/14 ) o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall. inspection, repair, replacement, adjustment, removal or disposal Of (1) "Your product"; (2) "Your work": or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, Inadequacy or dangerous condition in it. p. Personal And Advertising Injury 'Personal and advertising injury": (1) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would Inflict "personal and advertising Injury"; (2) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (3) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (4) Arising out of a criminal act committed by or at the direction of any insured; (5) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liabr7ity for damages that the insured would have in the absence of the contract or agreement; (6) Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement'; (7) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (8) Arising out of the wrong description of the price of goods, products or services stated in your "advertisement"; This exclusion does not apply to the loss of (9) Committed by an insured whose business use of other property arising out of sudden is: and accidental physical injury to "your product" or "your work" after it has been put to (a) Advertising, broadcasting, publishing its intended use. or telecasting; SB-300000-D Includes copyrighted rnateral or Insurance Services Office, Inc, with As permission Page 7 of 16 (Ed. 04114) (b) Designing or determining content of web -sites for others: or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under Paragraph F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, by itself, is not considered the business of advertising, broadcasting. publishing or telecasting. (11))Arising out of the actual, alleged or threatened discharge, dispersal; seepage, migration, release or escape of 'pollutants' at any time. (11) With respect to any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, dean -up, remove, contain. treat, detoxify or neutralize or in any way respond to, or assess the effects of, "pollutants", or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to, or assessing the effects of, "pollutants." (12)Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control. (13)Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to Infringement, in your "advertisement," of copyright, trade dressor slogan. (14) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. SH-300000-D (Ed. 04114) Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Paragraph D. Liability And Medical Expenses Limits of Insurance. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. To any insured, except "volunteer workers." b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. L Included within the "products — completed operations hazard.' g. Excluded under Business Liability Coverage. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, Insurrection, rebellion or revolution. 3. Applicable To Both Business Liability Coverage And Medical Expenses Coverage — Nuclear Energy Liability Exclusion This insurance does not apply: a. Under Business Liability Coverage, to 'bodily injury" or 'property damage Exclusions c., d., e., f., g., h., i., k., I., m., n. (1) With respect to which an insured under and c. in Section 11— Liability do not apply to the policy is also an insured under a damage by fire or explosion to premises while nuclear energy liability policy issued by rented to you, or temporarily occupied by you the Nuclear Energy Liability Insurance with permission of the owner. A separate Association, Mutual Atomic Energy 5B-300000-D Includes eopyrghted material of Insurance Services Office, Inc., with its permission Page 8 of 16 (Ed. 04114) SB-300000-D (Ed. 04114) Liability Underwriters or Nuclear (1) 'By-product material" has the meaning Insurance Association of Canada, or given it in the Atomic Energy Act of 1954 would be an insured under any such or in any law amendatory thereof; policy but for its termination upon exhaustion of its limit of liability; or (2) "Hazardous properties" include radioactive, toxic or explosive properties; (2) Resulting from the "hazardous properties" "nuclear {3) "Nuclear facility" means: of material" and with respect to which: (a) Any "nuclear reactor"; (a) Any person or organization is (b) Any equipment or device designed or required to maintain financial used for: protection pursuant to the Atomic Energy Act of 1954, or any law I Separating the isotopes (1) P n9 of amendatory thereof; or uranium or plutonium; (b) The insured is, or had this policy not (II) Processing or utilizing "spent been issued would be, entitled to fuel"; or indemnity from the United States of (iii) Handling, processing or America, or any agency thereofi packaging "waste"; under any agreement entered into by the United States of America, or any (c) Any equipment or device used for the agency thereof, with any person or processing, fabricating or alloying of organization. "special nuclear material" 0 at any b. Under Medical Expenses Coverage, to time the total amount of such material in the custody of the insured at the expenses incurred with respect to "bodily premises where such equipment or Injury" resulting from the "hazardous device is located consists of or properties" of "nuclear material" and arising contains more than 25 grams of out of the operation of a "nuclear facility" by plutonium or uranium 233 or any any person or organization. combination thereof, or more than c. Under Business Liability Coverage. to "bodily 250 grams of uranium 235; injury" or "property damage" resulting from the (d) Any structure, basin, excavation, "hazardous properties" of the nuclear premises or place prepared or used material"; it for the storage or disposal of "waste"; (1) The "nuclear material": and includes the site on which any of the (a) Is at any "nuclear fadfiV owned by, foregoing is located, all operations or operated by or on behalf of, an conducted on such site and all premises insured; or used for such operations: (b) Has been discharged or dispersed (4) "Nuclear material" means "source therefrom; material," "special nuclear material" or "byproduct material'; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time (5) "Nuclear reactor" means an apparatus possessed, handled, used, processed, designed or used to sustain nuclear stored, transported or disposed of by or fission in a self-supporting chain reaction on behalf of an insured; or or to contain a critical mass of fissionable material; (3) The "bodily injury" or "property damage' arises out of the furnishing by an insured (6) "Property damage" includes all forms of of services, materials, parts or equipment radioactive contamination of property. in connection with the planning, • �) e meaning given erial" has hAc tmic construction, maintenance, operation or ItSnuthe Atorce Energy of 1954 or in use of any "nuclear facility"; but if such any law amendatory thereof; facility is located within the United States of America, its territories or possessions (8) "Special nuclear material" has the or Canada, this Exclusion (3) applies only meaning given it in the Atomic Energy Act to "property damage" to such "nuclear of 1954 or in any law amendatory thereof; facility" and any property thereat. (9) "Spent fuel" means any fuel element or d. As used in this exclusion: fuel component, solid or Wid, which has SB-300000-D Includes copyrighted material or Insurance Services Office, Inc., with its permission Page 9 of 16 (Ed. 04114) been used or exposed to radiation in a "nuclear reactor' (10) "Waste" means any waste material: (a) Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any one processed primarily for its 'source material" content: and (b) Resulting from the operation by any person or organization of any "nuclear facility" included under Paragraph (a) and (b) of the definition of "nuclear facility" C. Who Is An Insured I. tf you are designated in the Declarations as: a. An Individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, jdnt g venture or fimited liability company, you are a an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your 'volunteer workers" only while performing duties related to the- conduct of your business, or your "employees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. however, none of these SS-300000-D (Ed. 04114) "employees' or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or jdnt venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers' while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" as a consequence of Paragraph (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (a) or (b); or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers," any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. SB-3A0000-D Includes copyrighted material or Insurance Services Office. Me., wish its permission Page 10 of 16 (Ed. 04114) 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only If no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment, or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of majority interest, will 3. qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you,acquire or form the organization or the end of the policy period, whichever Is earlier; b. Bodily Injury and Property Damage coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Personal and Advertising Injury coverage does not apply to "personal injury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as'a Named Insured in the Declarations. D. Liability And Medical Expenses Limits Of Insurance 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. The most we will pay for: SS-3D0000-D (Ed. 04114) a. Injury or damages under the "products completed operations hazard' arising from all "occurrences" during the policy period is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. AN other injury or damages, including medical expenses, arising from all "occurrences" during the policy period is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises Involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -&-way of a railroad. This aggregate Limit does not apply to "property damage" to premises rented to you arising out of fire, lightning or explosion. Subject to item 2. above, the most we wip pay for the sum of all damages because of all "bodily Injury." "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expense Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Subject to item 2. above, the most we will pay for the sum of all damages because of all "personal and advertising injury' sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. S. The most we will pay under Business Liability Coverage for damages because of "property damage" to premises rented to you, or in the case of fire, while rented to you or temporarily occupied by you with permission of the owner, is the Damage To Premises Rented To You Limit shown in the Declarations. The Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning, or explosion or any combination of the three. If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit," the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "sun" However, this paragraph does not apply to the Medical Expenses limit set forth in paragraph 3. above. SB-300000-D Includes copyrghted mateirwl of Insurance Services Ofrroe, Inc , with its permission Page 11 of 16 (Ed. 04114) The Limits of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. Businessowners Liability Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. 2. Duties in The Event Of Occurrence, Offense, Claan Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date -received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, or settlement of the claim or defense against the "suit"; and SB-300000-D (Ed. 041 14) damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Financial Responsibility Laws a, When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment' to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle taw. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this ply. a. To joint us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on tiffs policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable omit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. S. Separation Of Insureds Except wilts respect to the Limits of Insurance in this policy, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and (4) Assist us, upon our request, in the b• Separately to each insured against whom enforcement of any right against any claim is made or "suit" is brought, person or organization that may be liable to the insured because of injury or SB-300000-D Includes copyrighted material of Insuranoe Services oft -A. Inc. wilh its permission Page 12 of 16 (Ed. 04114) S. Unintentional Failure to disclose Hazards It is agreed that based on our reliance on your representations as to existing hazards, if unintentionally you should fad to disclose all such hazards at the inception date of your policy, we shag not deny any coverage under this Coverage Form because of such failure. F. Liability And Medical Expenses Definitions 1. "Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web - site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. 'Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment." 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4; "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace; but only it the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) 'Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the SB-300000-D (Ed. 04/14) merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a 'leased worker." "Employee" does not include a "temporary worker." 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. T. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. e. "Impaired property" means tangible property, other than "your product" or "your work; that cannot be used or is less useful because: a. It incorporates "your product or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: (1) The repair, replacement, adjustment or removal of "your product" or "your work'; or (2) Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work fora municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury" or "property damage' to a third person or organization. Tort liability means a liability that would be SB-300000-D Includes copyrighted matenal of Insurance Services Office, Inc. with its pens ssicn Page 13 of 16 (Ed. 04/14) imposed by law in the absence of any contract or agreement, Paragraph L does not include that part of any contract or agreement: (1) rhat indemnifies a railroad for "bodily Injury" or "property damage" arising out of construction or demolition operations, wibn 50 feet of any railroad property and aftecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing. (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out Of. (a) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (c) Under which the insured, if an architect, engineer or surveyor, assumes liabW for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in Paragraph (2) above and supervisory, inspection or engineering services. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker." 11. "Loading or unloading" means the handling of properly: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or C. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; SB-300000-D (Ld. 04114) 12. "Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rolle►s; e. Vehicles not described in Paragraphs a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f Vehicles not described in Paragraphs a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are net "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and but "loading or unloading" does not include the (3) Air compressors, pumps and generators, movement of property by means of a mechanical including spraying, welding, building device, other than a hand truck, that is not cleaning, geophysical exploration, lighting attached to the aircraft, watercraft or "auto.' and well servicing equipment. 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the some general harmful conditions. SB-300000-D Includes copyrighted material of Insurance Services Office. Inc_, with As permission Page 14 of 16 (Ed. 04/14) 14. "Personal and advertising injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment, b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon anther's copyright, trade dress or slogan in your "adverfisement." 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke. vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclakned 1G 'Products — completed operations hazard' a. Includes all 'bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one _job. site. (c) When that part of the work done at the job site has been put to its intended use by any other person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or SB-300000-D (Ed 04/14) replacement, but which is otherwise complete, will be treated as completed. The 'bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product' for consumption on premises you own or rent. b. Does not Include "bodily injury" or "property damage" arising out of (1) The transportation of property, unless the Injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused iL For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as. created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Software" means: a. Electronic data processing, recording or storage media such as films, tapes, cards, discs, drums or cells; and b. Data and programming records used for electronic data processing or electronically controlled equipment stored on such media; and c. Written. or printed data, such as programs, routines, and symbolic languages, essential to the operation of computers; and d. Documents containing information on the operation and maintenance of computers. SB-300000•D Irdudes copyrighted material or Insurance Services Ofrioe, Inc., with its permission Page 15 of 16 (Ed. 04114 ) V 19. "Suit' means a civil proceeding in which damages because of "bodily injury," "property damage," .personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are Gained and to which the insured must submit or does submit with our consenl; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent: 20. 'Temporary worker" means a person who is furNshed to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 21. "Volunteer worker" means a person who is not your "employee,' and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 22. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or business or acquired; and SB-300000-D (Ed. 04114) organization whose assets you have (2) Containers (other than vehicles), materials, parts or equipment fumished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durabtiity, performance or use of 'your product'; and (2) The providing of or Mikes to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 23. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. I ncJudes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. S13-300000-D Inckides copyrighted material of Insurance services Office, Inc., with its permission Page 16 of 16 (Ed. 04114) CERTIFICATE OF LIABILITY INSURANCE DATE /Y) O6/05 /05/20242024 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(ies) must 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 Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: ' /cJC, Ext :425-709-3600 ac Na :425-709-7460 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Fire Ins. Hartford INSURED Ogden Murphy Wallace P.L.L.C. INSURER B : 701 5th Avenue Suite 5600 INSURER C : INSURER D : Seattle, WA 98104 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 LTR TYPE OF INSURANCE ADDL N R SUBR WV POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY B6021110700 06/01/2024 06/01/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE � OCCUR PERSONAL & ADV INJURY $ 2,000,000 X Host Liquor GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 $ POLICY PE O-- %� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)_ $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY n[DAMAGE eraccident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- T RY L M I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? [7 (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Client #13125. CERTIFICATE HOLDER L ANL t_LLAI IL)N Spokane Valley 10210 E. Sprague Ave Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IJ 1988-2010 ACORD CORPORA I ION. All rights reserveo. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 3 of 4 (SARO ) THIS PAGE INTENTIONALLY LEFT BLANK 4 of 4 (SARO' ) A� I ® CERTIFICATE OF LIABILITY INSURANCE DATE 06/05/05/2024 Y) 024 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(ies) must 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 Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: a/cNNEo EXt :425-709-3600 ac No :425-709-7460 E-MAIL ADDRESS: INSURER 5 AFFORDING COVERAGE NAIC # INSURERA: National Fire Ins. Hartford INSURED Ogden Murphy Wallace P.L.L.C. INSURER B : Continental Casualty Company 701 5th Avenue Suite 5600 INSURER C : INSURER D : Seattle, WA 98104 INSURER E : INSURER F : COVFRAGFS 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 LTR TYPE OF INSURANCE ADDL N SUBR D POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY B6021110700 06/01/2024 06/01/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 X COMMERCIAL GENERAL LIABILITY X X MED EXP (Any one person) $ 10,000 CLAIMS -MADE FXI OCCUR PERSONAL & ADV INJURY $ 2,000,000 X Host Liquor GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4.000,000 $ POLICY jP O X LOC A AUTOMOBILE LIABILITY B6021110700 06/01/2024 06/01/2025 EOa acccidenINED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED IxANY AUTOS AUTOS X NON -OWNED PROPERTY DAMAGE Per accident $ HIRED AUTOS AUTOS B UMBRELLA LIAB X OCCUR B6020078431 06/01/2024 06/01/2025 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION B6021110700 06/01/2024 06/01/2025 IWC STATU- X OTH- Tolzv LI ER E.L. EACH ACCIDENT $ 1 �OQ��000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ;; WA Stop Gap E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) All Operations. City of Spokane Valley is an additional insured on the general liability policy per the attached endorsement/form... (See Attached Description) CEK I lt-ICA I E MULULK L11Al11l1CLL1K 11V11I City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V U IU&S-ZU"IU At:UKU L UK1'UKAIIUIN. All ngnts reserves. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 3,)134 'SARC;11 ) THIS PAGE INTENTIONALLY LEFT BLANK 4 of 34 (SARU' ) DESCRIPTIONS (Continued from Page 1 ) Coverage is primary and non-contributory on the general liability policy per the attached endorsement/form. Waiver of subrogation applies on the general liability policy per the attached endorsement/form. 5 of 34 (SARO? ) THIS PAGE INTENTIONALLY LEFT BLANK 6 of 34 (sARG;) CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary. - Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright. CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission THIS PAGE INTENTIONALLY LEFT BLANK 8 of 34 (SARo? ) S B 146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following. - The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury— Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising Injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation — Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932G (10-19) Copyright, CNA All Rights Reserved. Page 7 of 7 THIS PAGE INTENTIONALLY LEFT BLANK 10of34 (5Ai2(Y ) =I BUSINESS6WNERS LIABILITY COVERAGE FORM. SR-300000-D (Ed. 04114) Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights; duties and what is and Is not covered. Throughout this poiicythe. words "you". and "your" refer io the Named:lnsured shown in the Declarations. The: words us" Land "ottr relfe r, to the comp ny providlngt the insurance. The ward "insured° means;any persrrn to ort,�u'zation qualifying as,such under Section C. - Who {s An Insured, Other 'wads and phrases that appeair in igpotation marks have special meaning: Refer to SECTION F -: UA,BI.ITY` DEFINITIONS. A. Coverages 1. Business Liability (Bodily Injury, Property Damage. Personal and Advertising'INury) a. We will pay those sums that the insured becomes legally obligated to pay as: damages because of "bodily injury" "property damage" or "personal and advertising injury" to which this. insurance applies. We will have the right and duty to. defend the insured against any suit" seeking those damages., However, we will have no duty to defend the insured against any "suit* seeking damages for 'bodily injury," "property damage" or 'personal and advertising `injury," to which this insurance does not apply. We may at our discretion, investigate any "occurrence" or .any offense and,settle any claim or "suit" than .may. result. sut; (1) The amount we will pay for damages is limited as described in Section D - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To 'bodily injury' and "property damage' only if: (a) The "bodily injury" or "property damage" is caused by an *occurrence" that takes place in the "coverage territory'; (c)_ Prior to the policy poi od, no insuivd. poled under Paragraph C1.. Who is Art insured atjd 7nO "employee"' authorized by yeu io `give`or receive .notice of an ' o rrerice'' or claim, knew that the "bodily - injury" or property damage" had occurred, In whole or In part: If such a listed insured or authorized "empfoVA " knew, prior to the :policy perlorl. that the "bodily injury" or "property damage occurred; then an continuation,: change or resumption of, such "bodily injury" ;or- "property damage" during or after'the policy. period Will be deemed to have been known before the policy period. (2) To "personal and advertising injury` caused by an offense arising. out of your business, but only If the offense was. committed in the "coverage `territory" during the policy period: c. "Bodily injury" or 'property damage" which occurs during the policy period and was not; prior to the policy period, known to have occurred by any insured listed under Section CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includesany continuation, change or resumption of "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage' will be. deemed to have been known to have occurred at the earliest time when any insured listed under Section CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "properly damage" to us or any other insurer; (b) The "bodily injury' or "property (2) Receives a written or verbal demand or damage„ occurs during the policy period; and claim for damages because of the "bodily injury' or "property damage"; or SB-300000-D includes copyrighted material of insurance Services Office, inc, with its permission Page 1 of 16 (Ed. 04114) (3) Becomes aware by any other means that "bodily injury'" or "property damage" has occurred or has begun to, occur. e. Damages because of "bodily injury"' include damages ciairned by any person or organization for care, lass of services or death resulting at any time from the "bodily injury.." f. Coverage Extension. -- Supplementary Payments (1) In addition to the Llmd of Insurance of Liability we will. pay, with respect to any claim we investigate or settle, or any °suit" against an 'insured we defend: (a) All expenses we incur. (b) Up to $1,000 for cost of:' bail ;bonds required because of accidents or traffic law'violaiians arising out of the use of any vehicle to which Business Liability Coverage for "bodily injuryy' applies. We do not have to furnish these bonds. (c) The cost of bonds to release attachments, but only for bond amounts within our Limit of Insurance. We do not have to furnish these bonds. (d) All reasonable. expenses Incurred by the insured at our request to assist us in the invesilgation or defense of the claim or "snit," including actual loss of earnings up to $250 a day because of time off from work. (e) All court costs taxed against the insured in the "suit. However, these .payments do not include attorneys` fees or attorney expenses taxed against the insured. (f) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. SB-300000-© (Ed. 04114) (2) If we defend an insured against a "suit." and an indemnitee of the insured is also named as a patty to the "suit;" we wilt defend that- indemnitee if all of the following conditions aria met (ay The "suit" against. the indemnitee seeks damages for which the insured has. assumed the liability of the indemnitee in a contract `or agreement that is an "insured contract" (b) This insurance :applies to such liability assumN by the insured; (C) The obligation to defend; or the cost of the defense of, that indernnftee, has: also been assumed by the insuredt" in the- .same "insured contrac (d) The. a►legations in the "suit" and the information we. know about the "occurrence' are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee: (a) The indemnitee and the insured .ask us to, conduct and control the defense Of that `'indemntee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and M The fn6emnitee: (i) Agrees in writing to: i. Cooperate with us in the investigation, settlement or defense of the "suit": H. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; iii. Notify any other insurer whose coverage is available to the Indemnitee; and (g) All interest on the full amount of any iv. Cooperate with us with judgment that accrues after entry of respect to coordinating other the judgment and before we have applicable, insurance paid, offered to pay, or deposited in available to the 'indemnitee; court the part of the judgment that is' and within our Limit of insurance. (ft) Provides us with written These payments will not reduce the authorisation to; Limits of Insurance. 5B-300000-D Includes copyrighted material of insurance Senicas Ottice, Inc., with im permission Page 2 Of 16 (Ed. 04114) is Obtain records and other `information relaters to the "suit% and IL Carrduct: and, control the def't.rise of the indernnitee in' such "suit.", (3}: cut? .(ling as the above conditions are met, att6meys' fees incurred .by us in the defense. of that; lndemnitee, necessary litigation expenses l0cun`ed by us and necessarylitigavori:experises ihcurred' by the indemnitee at our request will be paid as Supplementary Payments Notwithstanding; the provisions of Paragraph B.11.(2) Exclusions in Section 8 . i=XCLl.1SlC} S. such payments will not. be deemeatp be damages for "bodily injury-4 and "property.demage" and Wit not reduce.the.l,'h is of insurance. Our obligation ` o defend an insured's indePnnitee and to pay for.attorneys' fees and necessary liitigation expenses as Supplementary Payments ends when: (a) We: have used upthepcable limit of insurance in the payment of judgments or settlements; or (by The conditions set forth above, or the terms of the agreement: described in f. above are no longer met. 2. Medical Expanses a: We -will pay medical, expenses.- as described Below for :"bodily Injury' caused by an accident:' (1) on premises you ovm or rent: (2} on ways next to premises you own or rent.or (3) Because of your operations; provided that: (# Ttie accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident? and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. SS-300000-D (Ed. 04114); applicable Limit of insurance. We will pay reasonable'expenses for. (1) Fvst aid administered at the timle ;of an oc:Odent; (2) Necessary medical, surgical; X-ray and dental services, `includloq prosthetic devices and (3) Necessary ambulande, hospital, professional nursing and funeral services. B. Exclusions 1. Applicable To Business 1;.iabili y Goyera I IS This insurance does riot apply to:; a; Expected Or Intend. ed..lrij0ty "Bodily"injury° or opro.perty..damage" expected: or intended from the standpoint of the insured.. This exclusion. does not appfy.to "bodily injury'" resulting: frOmrr the use of . `reasonable force to protect persons or property. b. Contractual Llaibiltty "Bodily injury'or "property damage" far which the insured is obligated'to pay damages by reason of the I 'assumption of liability in a contract` or .agreement. This exclusfdn does nol'applyto liability for damages: (1) That the: insured would have in the absence Of the. contract or.agreergent; or (2} Assumed. a corrtraat or agreement that Is an °insured o€ihtract,' provided the, "bodily injury" or "property damage" 0cctirs subsequent to the execution of the contract or agreement. Solely kt the purposes. of liability assumed in an "insured contract," reasonable attorney fees and necessary: litigation expenses incurred by or for 6 party other than an insured are deemed to. be damages because of -bodily Injury" or "property damage," provided_ (a) Liability to such party for, or for the - cost of. that pays defense has also been assumed in the same "insured contract", and (b} Such attorney fees, and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance appliesi are alleged. b, We will make these payments regardless of c. Liquor Liability fault. These payments. will not exceed the "Bodily injury" "property .property damage" for which any insured may be held liable by reason of: S13-300000-1) Includes copyrighted material or Insurance Services office. Inc, with its permission Page 3 of 16 (Ed. 04/14) (1) Causing or contributing to the intoxication of any person; (z) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol, or (3) Any statute, ordinance or regulation relating to the: sale, gift, distribution -or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of othersby an insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar taws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily Injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the Insured; or a (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or "employee" sister of that as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay = damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." _ f Pollution (1) `Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, SB-300000-131 (Ed. 44/14) migration, release or escape of "pollutants': (a) At 'or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to,, any insured. However, this subparagraph noes not apply to: (i) ''Bodily injury" if. sustained within a building and mused by smoke, fumes, vapor or soot from equipment used to heat, coot or dehumidify the building or equipment that is used to heat water for personal use by the buildings occupants or their guests; (ii) 'Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee. of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such promises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (ili) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fi a ,; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment -of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or tocation on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations If the "pollutants" are brought on or to the premises, site or location in SB 3pOOOM-R IndOes copyrighted material or msurarxe Services gftir*, Im_ with its ponnission Page 4 of 16 (Ed. 04114) connection with such operations by such insured, contractor or subcontractor.. However, this subparagraph does not apply to: ( "Bodily injury" or "property barrage' arising out of the es�pe of fuels; lubricants or other operating fluids. which are needed to perform the normal electrical, hydraulic or mechanical functions necessary I or the operation of "mobile equlprnent" or its parts, if such foels, lubricants or oilier operating fluids escape from a vehicle 'part designed to hold, store. or receive them. This eeption does not apply if the "bodily injury" or 'property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or tither operating fluids, or if such 'fuels, lubricants or other operating:ltuids are brought on or to the premisesi site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (11) "Bodily injury" or "property damage" sustained Within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor: or subcontractor; or (11i) "Bodily injury' or "'property damage" arising out of heat, smoke or fumes from a 'hostile fire." (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants." (22) Any loss, cost or expense arising out of any: 56-300000-D a. Request, ,demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, Contain, treat, detoxify or neutralize; or in any way respond to, or assess:: the effects of, "pollutants";. or b. Claim or "surf" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up;removing, containing, treatingi.detoxlfjnng or neutralizing, or in ;any way responding to, or assessing the effects of; 'pollutants.' Hovrever-, this paragraph does not apply to IiabG.t}i for damages because of "propartydarn"_that the insured would have in the absence of such request; demand, order or statutory or regulatory requirement or sudli claim or 'salt" by or on behalf oft' govemmentat authority. g. Aircraft; Arta Or Watercraft "Wily, ;injury" or. "property damage arising otit of the ownei s ip, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loa iedto. any insured: Use includes operation and "loading or untoading This exclusion applies . even if the claims allege :negligence or other wrongdoing in the supervision, hiring, employment,. training or m0riltoring of others by an insured, if the "occurrence" which caused1he "bodily injury" or "property damage" involved the ownership, maintenance, use. or entrustment to others of arty aircraft, "auto" or watercraft that is.owned or operated by or rented or loaned to any insured. This exclusion does not apply to; (1) An aircraft that is: (a) Hired, chartered, or loaned with a paid crew; but (b) Not owned by any insured; (2) A watercraft while ashore on premises you own or rent; (3). A watercraft you do not own that 'is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; (4) Parking -an "auto" on, or on the ways next to, premises you own or rent, provided 5B-300000-D InclWes copynghted material of insurance Services Office, tnc., with its pemnissior Page 5 of 10 (Ed. 04/14) the "auto" Is not owned by or rented or loaned to you or the insured; (5) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (6) 'Bodily injury" or "property damage" arising out of the operation of any of the following equipment, - (a) Cherry pickers. and similar` devices mounted on automobile or truck chassis and used to raise or lower workers; and (b) Air compressors,, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. h. Mobile Equipment "Bodily injury" or "property damage" arising out of; (1) The transportation of "mobile equipment' by an "auto" owned 'or operated by or rented or loaned to any.insured; or (2) The use of "mobile equipment" in, or Wife in practice for, or while being prepared for, any prearranged racing. speed, demolition or stunting activity. L War "Bodily injury" or "property damage" due. to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contractor agreement. J. Professional Services "Bodily injury," "property damage," "personal and advertising injury" caused by the rendering or failure to tender any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparingi approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; SB-300000-D (Ed..04114) (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optometry or optical or hearing raid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (0) Body piercing services; (9) Services in the practice of pharmacy; (1.0) Veterinary medicine services; 111) Mortician services; and (12) Services rendered in connection with the creation and/or development, modification, or repair of "software," including, but not limited to design, specifications, system or "software" configuration and consultation. This exclusion applies even if the claims alle9e negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "Omurrence" which caused the "bodily injury' or 'property damage," or the offense which caused the "personal and advertising injury,' involved the rendering or failure to render any professional service. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, Or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (3) Supervisory. inspection or engineering (5) That particular part of real property on which you or any contractor or services; subcontractor working directly or (4) Medical, surgical, dental, x-ray or nursing indirectly on your behalf is performing services treatment, advice or instiru tion; operations, if the "property damage" (5) Any health or therapeutic service arises out of those operations; or treatment, advice or instruction; SS-300000-D Includes cop/righted material or Insurance Services Office. Inc., with its penrnission Page 6 of 16 (Ed. 04/14) (6) That .particular part of any property that must be . restored, repaired or replaced because "your work" was incorrectly` performed on it.. Paragraphs (11, .(3):and (4) of this exclusion do not, apply..to`"property damage" (other than damage by fire or explosion) :to prerriises, including the contents of such prems0% rented: to you for a period of 7 or fewer d consecxve days. A separate 111mil of insurance applies to Damage To Premiees Rented To You as described in Paragraph D Liability And Medical Expenses Limit 0,1 Insurance. .Paragraph (2) of this exclusion does not apply W the premises are "your work* and were never occupied, rented or held for rental by You. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this'exclusion does not apply to "property damage" included in -the "products — completed operations hazard:" I. Damage To Your Product "Property damage" to "your product" arising out of it`& any part of it. m. Damage To Your Work "Property'damage" to "your work" arising, out o1 it or any part of it and included in the 'products - completed operations hazard." This exclusion does not apply if the damaged work or the. work out of which the damage arises was performed on your behalf by a subcontractor. n. damage To Impaired Property Or Property Not Physically injured "Property damage" to "impaired property" or property that has not been physically injured, .arising out of: (i) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work": or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Sa-300000-a (Ed. 04114) o. Recall Of Products. Work- Or Impaired Property* Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal;'recaU, inspection, repair, replacement, adjustment, removal or disposal Of (1) "Your produce. M "Your work" ; or (3) '"Impaired property"; if such productk work-ot property is withdrawn or recalled from the market or from use by any person or organizaiibri because ofa known or suspected defect; ;deficiency, Inadequacy or dan roes condition in it: p: personal And Advertising Injury 'Personatand advertising injury": (1.) Caused by, or- at the direction of the insured with the know edge that the, act would violate the rights of another and would inflict personal and advertising injury"; (2) Arising out of oral or written publication of material, i# done. by or at the direction. of the insured With kr idWOge of its falsity; (3) Arising out <foraf,or,written publication of Material whose twst publication took place before the beginning of the: policy period, (4} Arising out'of a criimins"I act committed by or atlhe direction of any insured; (5) For which the insured has assumed liability in a contract or agreement. This :exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (6) Arising out o(a breach of contract, except an implied contract to use anther's advertising idee'er yaur "advertisement", (7) Arising, out of the $Wure of goods, products or services to.conform with any statement of quality or performance made in your'"advertisement"; (8) Arising: out of the wrong description of the price of goods, products or services slated in your "advertisement"; This exclusion does not apply to the loss of (9) Committed by an insured whose business use of other property arising out of sudden is: and accidental physical injury to "your product" or "your work" after it has been put to (a) Advertising, broadcasting, publishing its intended use. or telrecasting SB-300000-D tndu&s oiiyrighted materal of Insurance Services Otf,ce, inc. with its permission Page 7 of 16 (Ed. 04114) (b) Designing or determining content of web -sites for others; or (g) An Internet search, access, content or service provider, However, this'excluslon does not apply to Paragraphs 14.a., bi and c, of "personal and advertising injury' ender Paragraph F. Liability And Medical . Expenses Definitie ns. For the purposes: of this :exclusion, tho placing of frames, borders or links, or advertising, for you or others anywhere on the Internet; by Itself, Is not considered the business of advertising, broadcast'irigi, publishing or telecasting. (10)Arising out of the actual, alleged or threatened disdtiarge, dispersal,: seepage, migration, release or escape of "pollutants" at any time. (11)With respect to.any loss, cost or expense, arising out of any (a) Request, demand or order that any insured or others test for; monitor, dsan=up, remove, contain, treat, detoxify or neutralize or in any gray respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authorityfor damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to., or assessing the effects of, "pollutants." (12)Arising out of an electronic chatroom or bulletin board the. insured hosts, awns. or over which theinsured exercises•control. (13)Arising out of the infringement of copyright; patent, trademark; trade secret or other intellectual property rights. However, this exclusion does riot apply to infringement, in your "advertisement," of copyright, trade dress or slogan, (14)Adsing out of the unauthorized use of anothers name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. SB-300000-D (Ed. 04l14). Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Paragraph D. Liability And Medical Expenses Limits of Insurance. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to,, corruption of, inability to access, or inability to manipulate electronic data. As used in `this exclusion, electronic data means information, facts or programs stored as or on; created or used on, or transmitted to or from computer software, including systems and applications software; hard or floppy disks, CD-ROMs, tapes, drives; cells, data processing devices or any other media which are used with electronically controlled equipment. 2. Applicable To Medical Expenses Coverage We will.not pay expenses: for "bodily injury": a. To any insured, except "volunteer workers;" b. To a person hired to do work for or tin behalf ,of any insured or a tenant of any insured. c: To a person injured on that part. of premises you own or rent that the person normally occuples. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or mustbe provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while; taking part in athletics, €. Included within the "products completed operations hazard.' g. Excluded under Business Liability Coverage. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, Insurrection, rebellion or revolution: 3. Applicable To Both Business Liability Coverage And Medical Expenses Coverage — Nuclear Energy Liability Exclusion This insurance does not apply: a. Under Business Liability Coverage, to "bodily injury" or "property damage": Exclusions c;, d., e., f., g„ h., i., k., I., an.,• n. (1) With respect to which, an insured under and a. in Section tl — Liability do not apply to the policy is also an insured under a damage by fire or explosion to prernises while nuclear energy liability policy issued by rented to you, or temporarily occupied by you the Nuclear Energy Liability Insurance with permission of the owner. A separate Association, Mutual Atomic Energy SB-300000-D includes copyrghted material of truurance Sevices Office, Ir?c., with its Permission Page 8 of 16 (Ed. 04i14) SB3oaoa0-D (Ed. 04114) l-iabillfty Underwriters or Nuclear {1) '.13j+-product material" has the meaning Insurance 4866atton of Canada, or given it in the Atomic Energy Act of 1964 would be an insured under any s6dh' or in anybw amendatory thereof: policy but.. for . As termination .upon. exhaustion of its limit Of liability; vi (2) "Hazardous properties" include radioactive;toxic or explosive properties; (2), Resulting from the "hazardous pr,Qperties" "nuclear (3) "Nuclear facility" means: of materlar and vllih :respect :its 1Nhi h: ta) Any "nuclear reactor"; (a). Any person or : organization is (b) Any -'equipment or device designed or required to maintain flrtanc ial used for: protection purs.uii" to the Atomic Energy Apt: of195, or any law {i) Separating the isotopes cif amendatory thereof, or uranium or plutonium; (bj The insured -is, or had this policy not• (li) Processing or utilizing "spent been issued would be, entitles! :to fuel"; or indemnity: from the United States of (ilt) Handling, processing or America, or any agency thereof;` packaging "waste"; under any agreement entered. into lby: the United States of Arrterica, or arty (c) Any equipment or device used for the agency thereof, with any person or processing, fabricating or alloying of organization. "special nuclear material" it at any time the total amount of such material b. Under Medical Expenses CovQragei to. in the custody of the insured at the expenses incurred with respect to ".bodily prep ises where such equipment or injury" resulting from the "hazardous device is located consists of or Properties." of "nuclear material" and arising: contains more than 25 grams of out of the operation of at'nuclear fac lity".by plutonium or uranium 233 or any any person or organizations combination thereof, or more than m Under Business liability Coveragei to "bodily 250 grams of utenium,235; injury" or "property damage`' resu)Ung from the (4). Any structure,- basin. excavation'; "hazardous ro _ernes" of the nuclear p p premises or place prepared or used material";. it: foe the storage or disposal of "waste" (1) The "nuclear material"-, and includes the site; on which any of the (a) Is at any "nuclear facility" owned by, foregoing is located. all operations or operated by or on behalf of,, an conducted on such site and all premises insured; or used for such operations; (b) Has been discharged or dispersed (4) "Nuclear material" means "source therefrom; material," "special nuclear material" or "byproduct material';., (2) The "nuclear material" is contained in "spent fact" of '"waste" at any timer (6) "Nuclear reactor" means an apparatus possessed, handled, used, processed, designed or used to sustain nuclear use stored, transported or .disposed of by or fission in a self-supporting chain reaction pP g on behalf of an insured, or or to contain a critical mass of fissionable. material; (3) The "bodily injury" or "property damage" arises out of the furnishing by an insured (6) "Property damage" includes all forms of of services, materials, parts or equipment radioactive contamination of property. in connection with the planning, {Tj "Source material" has the meaning given construction, maintenance, operation or it in the Atomic Energy Act of 1954 or in use of any "nuclear facility"; but it such any law amendatory thereof; facility is located within the United States of America; its territories or. possessions (8) "special nuclear material" has the or Canada, this EnJusion (3) applies only meaning given it in the Atomic Energy Act to "property damage" to such "nuclear of 1954 Orin any law amendatory thereof; facility" and any property thereat, (9) "Spent -fuel" riieans any tact element or d. As used in this exclusion: fuel component, solid or liquid, which has SB 300000-D Includes copyrighted matedal of Insurance Services Office„ Irc., with its permission Page 9 of 16 (Ed. 04/14 ) been used or exposed to radiation in a "nuclear reactor"; (10) "Waste" means .any waste rnateria#: (a) Containing 'by-product. material" other than the tailings or wastes produced. by the extraction or concentration of uranium or thorium from any one processedprimarily for its "source materlat' content; and. (b) Resulting from the operation by any person or organization of any 'nuclear facility" included under Paragraph (a) acid (b) of the definition of "nuclear facility" C. Who Is An Insured 1. If you are designated in -the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of abusiness of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect.to the conduct of your business. c. A limited li€ability company, you are an insured. Your members -are also insureds, but ,only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. df An. organization other than a partnership, joint venture or limited liability company,, you are an insured. Your "executive officers"' and directors are. insureds, but'only. with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with 8 respect to their liability as stockholders. e: A trust, you are,an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured; a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "erployees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment. by you or while performing duties related to the conduct of your business_ However, none of these SB-300000-D (Ed. 04114) "employees' or "volunteer workers." are. insureds for: (1) "Bodily injury" or "parsonal and advertising injury': (a) To you, to your partners -or members: (if you are a partnership or joint venture), to your mambers (if you are a limited liability company), or to: a co -"employee" wh'He.#it the course of his or her ,ahriploymerit or performing duties related"to the conduct of your business, or to your other "volunteer workers` white performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" as a consequence of Paragraph (a) above; (a) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (a). or (b), or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Propertydamage" to property: (a) owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers," any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your 'employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only. (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only: with respect to duties as such. That representative will have all your rights and duties under this policy. S13-300000-D includes copyrighted material or Insurance Services Office, Inc., with its permission Page 10 of 16 (Ed. 04114) SB-300000-D (Ed. 04114) 3. With respect to "mobile equipment;' registered In a: Injury or damages under the. "products your name under any.motor vehicle registration completed operations hazard" arising from all law, any person is an insured while driving such ..Occurrences".during the policy period is the, equipment. along a jiubGG highway with your Products -Completed Operations Aggregate permission. Any other person or organization Limit shown in the Declaratio* responsible for the conduct of such. person is also b. All other injury or damages,. including: medical an insured, but only with respect to :liability arising . out of the, operation of the. equipment, and;'only if 6xpenses.. arising from all "occurrences"' daring no outer insuranceof any kind rs avalable.ta that the policy period is' the General Aggrega#t�.Limit.shovvn In the Decfaraticins person or organization fbr this liabllify, However, no person or orgarib%tion is an insured with This Ger7eral Aggre. ate Limit applies: respect to., separately to, each of your "locations" owned a. Todily :injury"•: to a- oom'employee" of `the by or rented to -you. person driving the equipment: or "Location" means premises involving the b. "Property damage" to propoity` owned by, same or connecting lots, or premises: whose. connection is interrupted only by a street, rented to, intie charge of or occupier] by you roadway or right-of-way ofa railroad. or the employer of any person who is 'an insurers under tNs provWon, This aggregate Limit does: not apply to` 4. Any organization you newty acquire or form, other "property damage" to premises rented to you arising but of fire, lightning or explosion. than a partnership or joint venture_and over which you maintain ownership of majority interest, will 3. Subject to item 2. above,, the most we will pay for qualify as a Named Insured if ,there is no either the sum of all damages because of all "bodily. similar insurance available; .to that organization. injury," "property damage" and medical expenses However', arising out of any one "occurrence" is the Liability a. Coverage -under this.provision is afforded only and Medical Expense Limit shown in the peciarations. until the.90th day after ybu acquire or form the organization or the and of the policy: period, The most we will pay for all medical expenses whichever is earlier; because of "bodily injury" sustained by any one la. Bodily Injury and Property Damage: .average person is the Medical Expenses, Limit shown ill the Declarations. y:: to "bodily injury" of does not, apptj r" "Y property damage" that'occurred before you acquired ,or 4. Subject to item 2, atzove, the most Sere will pay for formed the orgarilzatictrr;.and the sum of all damages because of all "personal c. Personal and. Advertising Irijury coverage „ and advertising injury" sustained by any ;one- person or organization is the Personal and does not apply to personal inju[j� or. Advertising, Injury Limit shown in the Declarations. advertising injury" arising out.:iof an offense committed before you acquired. or formed the 5. The most we will pay under Business Liability organization. Coverage for damages because of "property No person or organization is an insured with damage` to premises rented to•you, or in the case of fire, white rented to you or temporarily occupied respect to the conduct ,of anycurrent or past. partnership, joint veinture or limIIled Itabllity by you with permission of the owner, is the company that is not st,t>wn as `a Named Insiarod in Damage To Premises Rented To You Limit shown the Declarations: in the Declarations. D. Liability And Medical Expenses Limits Of The. Damage to Premises Rented To You Limit applies to all damage proximately caused by the Insurance same event, whether such damage .results from i. The Limits of Insurance shown in the Declarations fire, lightning, or explosion or any combination of and the rules below fix, themost we will pay the three. regardless of the number of: If more than one limit of insurance under this a. insureds; policy and any endorsements attached thereto b. Claims made or "suits" brought; or applies to any claim or *'suit," the most we will pay under this policy and the endorsements is the c. Persons or organizations, making claims or single highest limit of liability of all coverages bringing "suits." applicable to such claim or "suit." However, this paragraph does not apply to the Medical 2. The most we will pay for: Expenses limit set forth in paragraph 3. above. SB-300000-D Indufts copytighted material of Insurance Series Office, inc., ,Mth its permission Page 11 of 16 (Ed. 04114) The: Limits of this policy apply separately to each consecutive annual period and. to any remaining period of less than 12 months, starting with the .beginning of thepolicy period shown in the Declairations; unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will .be deemed part of the lost preceding period for purposes of determioing the Limits of Insurance. E. BusinessQwners Liability Conditions 1, Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy., 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit. a. You must see to ithat we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible; notice should include: (1) Now, when ,and where the "occurrence„ or offense took.place; (2) The names and addresses of any injured persons'and witnesses; and (3) The nature and location of any injury or damane arising out of the "occurrence" or offense; b. If a claim is made or "suit" is brought against any insured; you must: (1.). Immediately record the. specifics of the claim or "suit" and the date -received; and (2) Wtify us as soon as practicable. You must see to it that we receive written notice of the, claim or "suit" as soon as practicable. c. You and any other inyoived insured must: (1) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information: (3) Cooperate with us in the investigation, or settlement of the claim or defense against the "suit"; and SB-300000-D (Ed. 04/14) damage to which this insurance may also apply. d. No. insured will, except at that Insured's town cost, voluntan1y :mane �a payment;. assume any obligation,., of incur any expense; other than for first aid, without our. consent. 3. Financial Responsibility Laws a. When this policy is certified 9§ proof of .financial responsibi%t for the: Wture'under the provisions of any motgrr vehicle. financial responsibility law, the insurance provided by the policy, for "bodily injury" liability and "property.darnage" liability will' co.rnpty with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, ur dednsured motorists, no-fault orother coverage required by any motor vehicle law. We wilf provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us' to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the, terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us; the insured and the claimant or the claimant's legal representative. 5. Separation Of insureds Except with respect to the Limits of Insurance in this policy, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and (4) Assist us, upon our request, in the b. Separately to each insured against whom enforcement of any right against any claim is made or "suit" is brought.. person or organization that may be liable to the insured because of injury or SB-300000-D !n lodes copyrgried material of Insurance Services (Mice, Inc. with its permission Page 12 of 15 (Ed. 04114) 6. Unintentional Failure to`DisrWse Hazards It :is..agreed that based on. our reliance. on your representations as to ekisting hazards; if unintentionally you shold biil'to disclose all such hk4.ards at1hs lncsption data of ..your policy, we. shOl not deny any coverage under this, Coverage Fomr bbOaOseof such failure. F. Llability And.liiiedical Expenses.Mill 01.00 6 I. "Advixrtleerrrent" rrisarts. a, siotice that is broadcast or publishrscl to: the geneml.public or specific. market segments about yaur'goocis, products, or servicesfor the purpose of attracting customers or supporters, For the purposes of this iefinIfi. q t: a. Notices: that are published Include material plac ed::on, the Internet or on similar electronic means of communication; and b. Regarding web-sites,,only that part of a web - sits. that is about your goods.: products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed- for travel on put3tic, roads, including arty attached machinery or equipment. But "auto" does not include. "Mobile equipment." 3. 'Bodily .injury" means"injury sickness or disease SuWalned by a person, including death resulting from any -of these:'at any time.. 4; "Coverage territory" means'. a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b: International waters or. airspace; but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a..above; or c. All other parts of the world if the injury or damage arises -out of: 0) Goods or products made orsoId by you in the territory described in Paragraph a. above; (2) The activities of a person -whose home is in the territory described in Paragraph a. ;above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take: place through the Internet or similar electronic means of communication; providedthe insured's responsibility to pay damages is determined in a "sult" on the SB-300000-D (Ed. 041.14). merits in the territory, described in Paragraph a, above or in settlement we agree to. S. "Employee" includes a "leased worker.' "Employee" does not include a '`temporary. ..worker," 5: 'Executive. officer" means.a person holding>an}rof the °officer positions created by your charier, const)tufian, toy-ls or any ether sfrrat(ar governing document. 7. "Hostile fir e° means one. which becomes uncontrollable or breaks Wt.' from where: it vt► : intended to be. 8. "tmpo red property" means tangible-property;.otfier than "your product" or "your work: that:carirrpt:lie used:or is less useful because: a. It incorporates "your product" or 'your work!' that is known or thought to .be deteotitre, deficient, inadequate or dangerous;:or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by (9) The repair, replacement, adjustment of removal of "your product" or "your Work",, or (2) Your•.fUlftling the terms of; the contract;or agreement. 9. "Insured contract" means: a. A contract fora lease of premises.. HoweVer, that portion of the c©ntmct for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not` an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operabons:on or within 50 feet of a rallroad,. d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality).under which you assume the tort liability of another party to pay for "bodily injury" er "property damage' to a third person or organization_ Tort liability means a tiabillty that would be SB-300000-D incluass tcipy6ghted material of Insurance Services Office, Inc.. with its permission Page 13 of 16 (Ed. 04114) imposed by law in the absence of any pontract or agreement. Paragraph f. does not -include that part of any contract or agreement: (1) That indemnifies 'a railroad for, `bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of.any railroad property and aftecling . any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; (2) That Indemnifies an architect, engineer or surveyor for injury of damaget arising out Of (a), Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (c) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out, of the insured's rendering or failure to render professional services, including those listed in Paragraph (2) above and supervisory, inspection or engineering services, 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker." 11-1. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or "aulo% b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; se-300000-D (Ed. O41114) 12; "Mobile equipment" means any of the ,following types of land vehicles, 'including any attached machinery or equipment: a. Bulldozers, fatn3:machinery, torklifts and other Vehicles designed' fot use princlpatlyoff public roads; b.. Vehicles maintained for use sblely:.on or next to premises: you: own or rent; ot Vehidies tttat.t;ravel an crawler treads; d. `Vehicles, whether self-propelled or. pm{ -on which. are permanently mounted> (1) Power cranes, shovels; logs; diggers or drills;. or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described In paragraphs a, b., c. or d. 'above that are: not seiPpropelled and -are maintained primarily to provide rnobility to permanently attached equipment of the folfo%Ong types: (1) Air compressors,. pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and -well servicing equipment,. or (2) Cherry pickers and similar devices Used to raise or lower, workers,, Vehicles not described in Paragraphs a., b.,:c. or d. above maintained primarily for purposes other than the transportation• of persons or cargo; However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos':, (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but. not construction or resurfacing; or (G) Street cleaning; (2) Cherry pickers, and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and. but "loading or unloading" does not include the (3) Air compressors, pumps and generators, movement of property by means of a mechanical including spraying, welding, building device; other than a hand truck, that is not cleaning,.geophysical exploration, lighting. attached to the aircraft, watercraft or "auto.' and. well servicing equipment. 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. SB-300000-D includes copyrighted material of Insurance 5erAces Office. fnc., wb'As permission Pane 14. of 16 (Ed. 04114) 14.. "Personal and advertising Injury"' means injury, includiing' consegU'ential "bodily injury," arising out of one or more of the folloWrig offenses; a False arrest;:detention or imprlsonment; b. Malicious prveecut'ton; c Ther wrongful eviction from, wroMf ul. entry into; or invasion of the right of private .occupancy of a room, dwelling or premises `thaC4§ person pccupies, committed by of on beha f of tfs owneri landlord nor lessor; if: Oral or written pub.11C060n, in any manner, of material that slanders or libels a person or organization or disparages a person's or grganC at�n's go( 0, p " ucts or'setvices; �;, dral or writ .n pubticati+on, in any, manner, of hMteI"at that viiilatos a person's right of privacy; E The'usw of..Atib tti>res.advertising idea in your "t�dvertlsert�erit"; �r' g. t fringirxj: upon anther's Copyright, trade dress or:;log'sn in your"advertisement:" 16, "Pollutants` mesrt any solid, liquid, . gaseous- or thermal irritant or contaminant; including smoke. V.too n; soot, fui es; acids, alkalis, chernicals and waste. Waste inncludes' materials be recycled, reconditioned or. reclaimed 1 B, "Products -completed operations hazard`': a, includes ail "toddy injury" and "property damage" ociurrlrig away from premises you. own or rent�,and aristrig out of "your product" or "your work" except; (1) Products that are still in your physical possesslon. or (2) Wprk that has not yet been completed or abandoned, However, "your work" will be deemed completed at the earliest of the following times.* (a) When all of the work called for in your contract has been completed, (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one`Job,site. (c) When that part of the work done at the job site has Been put to its intended use by any other person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or SB-3G000aD (1 d..04/14) replacement, but which is olherwise'. complete, will be treated as.completed.. The "bodily injury" or `ptiperty damage." must, occur away from. premises .you;;own or: rent; unless your business ineitides the seliing,. handling or disbibution 'of `"your product" far° consumption on:premises you: oWnOr:rehl. b. Does not include "bodily irtju'y" or Vr:ipetty damage" arising Of4. (1) The transportation of property, unless The injury or damage arises out of a=conditlon in or on a vehicle n6t owna d or opei"o by you, and that condition was created ay the "loading or unloading" of that-i�hkle by any iinsu ed or. (2) 'The existence .of tools; unlnatailed equipment or abandoned or unused materials. 17.. "Property damage" means; a. Physical injury to tangible: property, incJudir all resulting loss of use of that property `Alt such loss of use shall be` deemed to occur at the time of the physical injury that -caused it; or b. Loss of use of tangible: 0M. arty that; is ,not. physically injured. All such lass of use shall be deemed to occur at the time of the "occurrence." that caused it, For the purposes of this"insurance, electronic data is not tangible property.. As used in this definition;. electronic data means information, facts or programs stored as, created or used on, or transmitted to or from co mpUter software; including, systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Software" means: a. Electronic data processing, recording or storage media such as films, tapes; cards., discs, drums or cells; and b. Data and programming records used for electronic data processing or electronically controlled equipment stored on such :media; and c. Written or printed data, such as programs, routines, and symbolic languages, esseritlal to the operation of'computers; and d. Documents containing information on the operation and maintenance of computers. S$-300000-D Ircludes copyrighted material of Insurance Servioas Office, Im , with its permission Page 15 of 16 (Ed. 04114 ) 1.9. "suit" means a civil proceeding in which .damages. because of "bodily injury," "property damage,` "personal and advertising injury' to which this insurance applies are aileged. "Suit" includes: a. An arbitration proceeding in which 'such damages are claimed and to which the insured must submit or does submit with our consent; or b: Any other alternative dispute. resolution ,proceeding in which such damages are claimed and to which the insured submits with our consent; 20. 'Temporary worker" means a person who is furnished to you to substitute for a• permanent .employee" on leave or to meet seasonal or short- term workload conditions. 21: "Volunteer worker" means a person who is not your "employee;' and who donates his or her work and acts at the direction of and wMn the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 22. 'Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (e) A person or business. or acquired; and SB-300000-D (Ed. 04114) organization whose assets. you have (2) Containers (other than . vehicles), materials, parts or equipment: fumished in connection with sucfl goods. or products. b, Includes %1) Warranties or representations made at any time with. respect to the fitness, quality, durability* performance or use of 'your product" and (2) The providing of or failure to provide warnings or instructions. c. Does not include. vending machines or other property rented to or located for the use of others but not:sold. 21 "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations- b. Includes," (1 ) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work": and. (2) The providing of or failure to provide warnings or instructions. 5B-300000-D inc;,des copyrighted material of Insurance Se ices Off e. Inc., with its permission Page 16 of 16 (Ed. 04114) CNA SB146932G (Ed. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSiNESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS 1. Blanket Additional Insured Provisions A. Additional Insured — Blanket_ Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Prima — Noncontributory provision 1.b. Definition of "written contract" 2. Additional Insured — Extended Coverage II. Liability Extension Coverages: A. __..._......_. Bodily Injury — Expanded Definition B. Broad Knowledge of Occurrence _ C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability — Damage to Premises F, Personal and Advertising Injury — Discrimination or Humiliation j G. Personal and Advertising Injury — Broadened Eviction H. Waiver of Subrogation — Blanket 1. BLANKET ADDITIONAL INSURED PROVISIONS A, ADDITIONAL INSURED — BLANKET VENDORS Who IsAnInsured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract' to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you: c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container: e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sate of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or SB146932G (10-19) Cepyrtgrt. NA All Rights Reserver], Page 1 of 7 SB146932G (Ed. 14-19) h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into. accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS I. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3J. below whom you are required to add as an additional insured.on this policy under a "written contract. 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contact' and in no event greater than that described by the applicable paragraph a, through k, below; or c. Coverage for "bodily injury" or 'property damage" included within the "products -completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j..below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest n Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you. or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises cc -owned by you and covered under this insurance but only with respect to the co -owners liability for "bodily injury," "property damage" or 'personal and advertising injury" as cc - owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as grantor of a franchise to you. SB146932G (10.19) C`,opyright. CNA All Rights Reserved. Page 2 of 7 SB1.46932G (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury," "property damage or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you; provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, an behalf of or for such additional insured. f, Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury;' "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the 'occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise: to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not. apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision or (b) "Bodily injury" or -property damage" included within the "products -completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract." we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyiigru. ":NA AA Rights Reserved SB146932G (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage." or "personal and advertising injury' caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance ofyour ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury' for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure tosender any professional services; (2) For "bodily injury' or "property damage" included in the "products -completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the `'written contract"; and (b) The "written contract' requires you to make the person or organization an additional insured for such "bodily injury" or "property damage" or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE I. With respect only to additional insured coverage provided under paragraphs A. and B. above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary. excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The 'bodily injury" or "property damage;" or (b) The offense that caused the "personal and advertising injury", for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; SB146932G (10-19) Copyrght, CNA All Rights Reserved, Page 4 of 7 SB146932G (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with,respect to liability arising out.of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a. through d. above; (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. li. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury — Expanded Definition Under Liability and Medical Expenses Definitions, the definition of `Bodily injury" is deleted and replaced by the following "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a, and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to' (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates heirs, legal representatives and spouses of any natural person insured shall also :be insured under this policy; provided; however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property: or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such. provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. _ _ _� ........................... .................. .__.............. _... SB146932G (10-19) Copyright. CNA All Rights Reserved, Page 5 of 7 SB146932G (Ed. 10-19) D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co -"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability — Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of.the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 58146932E (10-19) Copyright, ` INA A➢ Rights Reserved Page 6 of 7 SB146932G (Ed. 10-19) 3. The first Paragraph under item S. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations- F. Personal and Advertising Injury — Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at thedirection of-, (a) The insured: or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from. wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation — Blanket We waive any right of recovery we may have against. a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. S6146932G (10-19) Copyrghl, CNA All R ghis Reserved. Page 7 of 7 THIS PAGE INTENTIONALLY LEFT BLANK 34 o� 34 (SAR01) Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 1 ct 4 (SARO i j THIS PAGE INTENTIONALLY LEFT BLANK 2of 3