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Ord No 32-20-2386ORDINANCE NUMBER: 32-20-2386 An Ordinance of the City of South Miami, Florida, authorizing the City Manager to execute a lease agreement with the South Miami Children's Clinic, Inc., a Florida not -for -profit corporation, for the property located at 6701 SW 58th Place, South Miami, Florida, 33143, for a term of five (5) years, commencing on October 1, 2020, and terminating on September 30, 2025. WHEREAS, South Miami Children's Clinic Inc. will exclusively use the Premises to operate a charitable health care clinic, with an emphasis on pediatric care for the residents within the geographic areas of South Miami; and WHEREAS, the South Miami Children's Clinic, Inc. will operate the health care clinic a minimum of twenty (20) hours per week; and WHEREAS, the hours of operation will be standardized and conspicuously posted to ensure that South Miami residents are aware of the clinic's hours of operations; and WHEREAS, under the terms of the Lease Agreement, South Miami Pediatric Clinic, Inc. will be responsible for the renovation, maintenance, and upkeep of the building, including paying for all utilities; and WHEREAS, the annual rent for the lease shall be $1.00, for a total of $5, payable in full upon execution of the Lease. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAM1, FLORIDA THAT: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof. Section 2. The City Manager is authorized to execute a lease agreement with the South Miami Children's Clinic, Inc., a Florida not -for -profit corporation, for the property located at 6701 SW 58th Place, South Miami, Florida, 3314% for a term- of five (5) years, commencing on October 1, 2020, and terminating on September 30, 2025. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance for signature. Section 4. Severability. If any section clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall become effective immediately Page I of 2 Ord. No. 32-20-2386 upon adoption by vote of the City Commission. PASSED AND ENACTED this 2nd day of November, 2020. ATTEST: APPROVED: CITY ERI) 'MAYOR 1ST Reading: 10/20/2020 2nd Reading: 11/02/2020 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Gil: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Page 2 of 2 Agenda Item No:8. City Commission Agenda Item Report Meeting Date: November 2, 2020 Submitted by: Alfredo Riverol Submitting Department: Finance Department Item Type: Ordinance Agenda Section: Subject: An Ordinance of the City of South Miami, Florida, authorizing the City Manager to execute a lease agreement with the South Miami Children's Clinic, Inc., a Florida not -for -profit corporation, for the property located at 6701 SW 58th Place, South Miami, Florida, 33143, for a term of five (5) years, commencing on October 1, 2020, and terminating on September 30, 2025.4/5 (City Manager -Finance Dept.) Suggested Action: First reading only requires 3/5 vote and a public hearing is not required but the 2nd and final reading of the ordinance will require a public hearing and 4/5 vote to enact the ordinance. Attachments: Memo - SM Childrens Clinic Lease.docx Ordinance - SM Childrens Clinic Lease.docx Proposed Lease - South Miami Childrens Clinic5.pdf South Miami Childrens Clinic Insurance.pdf Children's Clinic Property Information 2019.pdf Miami Herald Ad.pdf MDBR Ad.pdf 1�' South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor, Vice Mayor and Members of the City Commission From: Shari Karnali, City Manager Date: October 20, 2020 Subject: Lease Agreement with the South Miami Children's Clinic, Inc. An Ordinance of the City of South Miami, Florida, authorizing the City Manager to execute a lease agreement with the South Miami Children's Clinic, Inc., a Florida not -for -profit corporation, for the property located at 6701 SW 58th Place, South Miami, Florida, 33143, for a term of five (5) years, commencing on October 1, 2020, and terminating on September 30, 2025. Background South Miami Children's Clinic Inc. will exclusively use the Premises to operate a charitable health care clinic, with an emphasis on pediatric care for the residents within the geographic areas of South Miami. The South Miami Children's Clinic, Inc. will operate the health care clinic a minimum of twenty (20) hours per week. The hours of operation will be standardized and conspicuously posted to ensure that South Miami residents are aware of the clinic's hours of operations. Under the terms of the Lease Agreement, South Miami Pediatric Clinic, Inc. will be responsible for the renovation, maintenance and upkeep of the building, including paying for all utilities. The annual rent for the lease shall be $1.00, for a total of $5, payable in full upon execution of this Lease. Recommendation The City Administration recommends that the City Manager be authorized to enter into the Lease Agreement to allow the South Miami Children's Clinic, Inc., a Florida not -for -profit corporation, to lease the 6701 SW 58th Place, South Miami, Florida, 33143 building located at Murray Park for a period of 5-years. Attachments: Ordinance authorizing the City Manager to execute the Lease Agreement Proposed Lease - South Miami Children's Clinic South Miami Children's Clinic Insurance Children's Clinic Property Information 2019 LEASE AGREEMENT This Lease Agreement is entered into on this day of 9: , 2020, by and between the City of South Miami, a municipal corporation ("Landlord") and South Miami Children's Clinic, Inc., a Florida not -for -profit corporation ("Tenant"). Upon the terms and subject to the conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord, the property located at 6701 SW 58's Place, South Miami, Florida, 33143, legally described in Exhibit "A" attached hereto, together with all existing improvements and all appurtenances and privileges, all of which are hereinafter referred to as the "Premises." Section 1. Lease Term. The lease term shall be five (5) years and shall commence on October 1, 2020, and terminate on September 30, 2025. Section 2. Rent. The annual rent for the lease tens shall be $1.00, for a total of $5.00 , payable in full upon execution of this Lease. Section 3. Use of the Premises. Tenant shall exclusively use the Premises to operate a charitable health care clinic, with an emphasis on pediatric care for the residents within the geographic areas of South Miami. The Tenant shall operate the health care clinic a minimum of twenty (20) hours per week. The hours of operation will be standardized and conspicuously posted to ensure that South Miami residents are aware of the clinics hours of operations. Tenant's use shall be in a lawful, careful, safe, and proper manner, and Tenant shall carefully preserve, protect, control and guard the same from damage. Subject to the Landlord's rights and as long as no default shall have occurred and is continuing, Tenant shall peaceably and quietly have, hold, and enjoy the Property for the applicable term. Section 3.1 Condition of the Building. Tenant hereby agrees that it has examined the Premises and is satisfied with the condition thereof, and is not relying upon any information, warranty or other statement by the Landlord not specifically set forth herein with respect thereto, and accepts the Premises "AS IS" for all purposes. Section 3.2. Affirmative Covenants of Tenant Relative to Use of the Premises. A.' Tenant covenants to comply with the following: 1. No auction, fire, bankruptcy, going -out -of -business, relocation, or other distress sales may be conducted in the Premises without the prior written consent of Landlord, which consent may be withheld for any reason or no reason. 2. Tenant will keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the confines of the Premises. Tenant will not permit or suffer any conduct, noise or nuisance on or about the Premises which may annoy or disturb any persons occupying adjacent premises. This covenant shall restrict Tenant from utilization of any advertising medium which can be heard or experienced outside of the Premises, including, without limiting the generality of the foregoing, flashing lights, search lights, loudspeakers, phonographs, radios or Page 1 of 13 televisions. No radio, television or other communication antenna equipment or device is to be mounted, attached or secured to any part of the roof, exterior surface or anywhere outside the Premises. 3. Tenant will keep the Premises free from all insects, rodents, vermin and other pests, litter, dirt and obstructions. 4. Neither Tenant nor Tenant's agents or employees shall do any of the following outside the confines of the structure being leased, except with approval of Landlord; i. Vend, peddle or solicit orders for sale or distribution of any merchandise, device, service, periodical, book, pamphlet or other matter whatsoever; ii. Exhibit any sign, placard, banner, notice or other written material, except as approved in writing by Landlord; iii. Solicit membership in any organization, group or association or contribution for any purpose except as approved in writing by Landlord; iv. Create a nuisance, nor take any action in the exclusive judgment of Landlord that would constitute a nuisance or would disturb or endanger others, or unreasonably interfere with their use of their respective premises. Tenant agrees (a) not to create or permit any nuisance in or about the Building, (b) to comply with all state and local laws, regulations and ordinances so far as Tenant's use of the Space may be concerned, and (c) to save Landlord harmless from all damages, fines, penalties and costs for violation of or non-compliance by Tenant or Tenant's servants, employees, agents, customers, invitees, licensees, or visitors with the provisions of this Section; V. Throw, discard or deposit any paper, glass or extraneous matter of any kind, except in designated receptacles, or create litter or hazards of any kind; vi. Deface, damage or demolish any sign, light standard or fixture, landscaping materials or other improvement within the Building or upon the premises. 5. All garbage and refuse shall be kept in the kind of containers designated by Landlord and shall be placed outside the Premises within said containers prepared for collection in such manner and at such times and places specified by Landlord. B. Tenant agrees to comply with additional, amended and supplemental rules and regulations upon notice of same from Landlord, provided such rules and regulations do not unreasonably interfere with or restrict Tenant from operating its business in the Premises. Section 4. Taxes and Assessments. Tenant shall be responsible for any real estate taxes or assessments becoming due and payable with respect to the Premises during the lease term and any extension. Tenant shall be responsible for the payment of any taxes or other charges imposed during the lease term or any extension with respect to any business conducted on the Premises by Tenant or any personal property used by Tenant in connection with the Premises, provided, however, that Landlord acknowledges that Tenant is a Florida not -for -profit corporation and that Page 2 of 13 Tenant shall be eligible for such property and other tax exemptions as are granted to other not -for - profit corporations providing health care services. Taxes, assessments or other charges which Tenant is obligated to pay or cause to be paid hereunder and which relate to any fraction of a tax year at the commencement or termination of this Lease shall be prorated. Landlord is entitled to all tax benefits that ordinarily are available to property owners similar to this property. Section 5. Utilities. Tenant shall promptly pay or cause to be paid all charges incurred for all utility services furnished to the Premises, including without limitation, telephone service, sanitary sewer, water, natural gas, and electricity. Tenant shall also pay for all maintenance of all utilities during the lease term and any extension thereof. New services that are not specifically included herein, must be authorized in writing by the Landlord. Section 6. Compliance with Laws. If any law, ordinance, order, rule or regulation is passed or enacted by any governmental agency or department having jurisdiction over the Premises or Tenant's use of the same which requires Tenant to modify or alter its operations or use of the Premises, this Lease shall in no way be affected and Tenant shall, at its sole cost and expense, promptly comply with such law, ordinance, order, rule, or regulation. Section 7. Maintenance and Repair. Tenant shall, at its sole cost and expense, within a reasonable time, keep and maintain the interior of the Premises and the HVAC system serving the Building, and incur all maintenance expenses relating thereto. However, Tenant shall not renovate or modify the Premise without the written consent of the Landlord, which shall not be unreasonably withheld or delayed. Landlord shall be responsible for maintaining the roof and structural portions of the Building and Premises and for the utilities serving the Building and Premises, except that Tenant shall be responsible for maintaining the electrical and plumbing systems within the Premises. Replacement and repair parts, materials, and equipment used by Tenant to fulfill its obligations hereunder shall be of an equivalent quality to those initially installed within the Premises. When at all possible, new materials shall be used for all maintenance and repair. All repair and maintenance work done by Tenant shall be done in accordance with the then existing federal, state, and local laws, regulations and ordinances pertaining thereto, which includes permit requirements. Copies of all permits must be provided to the Landlord, immediately upon issuance. Except as is provided in this Lease, Landlord shall have no obligation whatsoever with respect to the maintenance and repair of the Premises. Section 8. Environmental. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, Tenants or invitees, other than such Hazardous Materials as may be necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises. As used in this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material or Waste which is or becomes regulated by any local governmental authority, the State of Florida, or the United States. Tenant is responsible for the costs of any environmental testing or remediation work undertaken for this property during or immediately following the term of this Lease. Section 9. indemnity and Insurance. In addition to the insurance coverage to be provided by Tenant, the Tenant shall hold the City, including its officials, employees and representatives, harmless and indemnify them against all claims, demands, damages, actions, causes of actions, liability, costs, expenses, and attorney's fees arising out of, or resulting from, injury to or death of Page 3 of 13 persons, or damage to or loss of property, arising from the negligent acts, actions, omissions or failures to act of Tenant or its employees or agents. Except where any loss, cost, injury or damage is the result of Landlord's fault or gross negligence, Landlord shall have no liability for any loss, cost, injury or damage to the Premises, to Tenant or Tenant's employees, agents, licensees, invitees or guests or to any property of such persons. At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and effect, at all times during the lease term and any extension thereof the following insurance with respect to the Premises: (a) comprehensive public liability insurance having limits of not less than $1,000,000, for bodily injury or death to one person $2,000,000 for bodily injuries or death arising out of one occurrence; (b) $400,000 for property damage; and (c) Such worker's compensation insurance as required by the laws of Florida. Each insurance policy furnished under this Section shall be issued by a responsible insurance company acceptable to Landlord. Landlord must be given at least 10 days to review and accept the proposed insurance company in writing. The insurance company shall be authorized to do business in Florida, and the insurance coverage may be written under a blanket policy or policies obtained by Tenant, which policy or policies may include other real estate owned or leased by Tenant. Landlord shall be named as an additional insured in each such insurance policy, and each policy shall provide for written notice to Landlord at least 10 days prior to any cancellation, modification, or lapse thereof Tenant shall furnish Landlord with memorandum copies of such insurance policies prior to the commencement of the lease term. Section 10. Alterations and Improvements. Tenant shall have the right to make, at no expense to Landlord, improvements, alterations, or additions (hereinafter collectively referred to as "Alteration") to the Premises, whether structural or nonstructural, interior or exterior, provided that: (a) no Alteration shall be made without the prior written consent of Landlord; (b) no Alteration shall reduce or otherwise impair the value of the Premises; (c) no Alteration shall be commenced until Tenant has first obtained and paid for all required permits and authorizations of all governmental authorities having jurisdiction with respect to such Alteration; (d) any Alteration shall be made in a good workmanlike manner and in compliance with all laws,. ordinances, regulations, codes, and permits; (e) Tenant shall hold Landlord harmless from and against any liens and claims for work, labor, or materials supplied to the Premises at the direction of Tenant, and in the event that any such liens or claims shall be filed for work, labor or materials supplied to the Premises at the direction of Tenant. Tenant shall, at Landlord's option, either escrow an amount equal to the amount of the lien or claim being filed, or obtain a bond for the protection of Landlord in an amount not less than the amount of the lien or claim being filed; and (f) any Alteration shall become and remain the property of Landlord unless Landlord otherwise agrees in writing. At any time while the lien is in effect, the Landlord shall have the right to demand that the security or bond be increased to secure the payment of all costs that may be awarded in any judgment, including reasonable attorney fees. However, nothing contained herein shall be deemed to be an authorization or consent by the Landlord for the filing or imposing of any lien on the property by any Tenant, laborer, or supplier of goods or services, or other person authorized by law to file a Page 4 of 13 { f lien on real property, for any goods or services provided at the request of Tenant that may improve the Premises. Section 11. Signs. Tenant shall have the right to install and operate, at its sole cost and expense, any sign or signs on the Premises which shall not be in violation of any law, statute or ordinance, and Tenant shall have the right to remove the same, provided that Tenant must repair any damage to the Premises caused by such removal. All signs must be approved by the City's Environmental Preservation Board and in accordance with the City's Land Development Code. Section 12. Damage to Premises. If by fire or other casualty the Premises are destroyed or damaged to the extent that Tenant is deprived of occupancy or use of the Premises (meaning such destruction cannot be repaired or restored within 120 days of the occurrence of the fire or other casualty), Landlord may, in its sole and absolute discretion elect to: (a) cause the restoration of the Premises to substantially the same condition as existed before such damage or destruction; or (b) cancel this Lease as of the date of such fire or casualty by giving written notice to Tenant not more than 30 days thereafter. Should Landlord elect to proceed under (a) Tenant shall fully cooperate with Landlord in making available to Landlord for the purpose of so restoring the Premises all insurance proceeds payable for such casualty, form any policy of insurance issued to Tenant, as a result of fire or other casualty damage to the Premises. Section 13. Condemnation. If all or materially all of the Premises are taken in appropriation proceedings or by right of eminent domain or by the threat of the same, then this Lease shall terminate as of the date Tenant is deprived or occupancy thereof, and Tenant's obligations under this Lease, except obligations for rent and other charges herein to be paid by Tenant up to the date thereof, shall terminate. For purposes of this Lease, "materially all of the Premises" shall be considered as having been taken if the portion of the Premises taken, due either to the area so taken or the location of the portion taken, would leave the remaining portion not so taken insufficient to enable Tenant to effectively operate a charitable health care clinic on the Premises. If less than materially all the Premises are taken in appropriation proceedings or by right of eminent domain or by the threat thereof, then this Lease shall not terminate as a result of such taking, but Landlord shall not be required to repair or restore the Premises. Damages awarded for any such taking shall belong to and be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises, or otherwise, provided, however, that Tenant shall be entitled to any portion of the award made by the condemning authority to Tenant for removal and reinstallation of Tenant's fixtures or for the cost of Tenant's immovable fixtures, if any. Section 14. Default. If Tenant fails to observe and perform any other provision, covenant, or condition of this Lease required under this Lease to be observed and performed by Tenant within 30 days after Landlord shall have given notice to Tenant of the failure of Tenant to observe and perform the same, or if Tenant abandons or vacates the Premises for more than 10 days during the continuance of this Lease, or if Tenant makes any assignment, including an assignment for the benefit of creditors, or enters into a composition agreement with its creditors, or if the interest of Tenant in the Premises is attached, levied upon, or seized by legal process, or if this Lease is assigned in violation of the terms hereof or is terminated by operation of law, then, in any such event, immediately or at any time thereafter, at the option of Landlord, Landlord may terminate Page 5 of 13 AL J • this Lease. As used in this Lease, the word "abandon" shall mean that no employee, manager, officer or director. of the Tenant has occupied the premises for 10 consecutive business days without written consent of the City Manager, or manager's designee, which shall not be unreasonably withheld. The occupancy by someone other than the Tenant's employees, managers, officers or directors shall not be considered occupancy by the Tenant. The word "occupy" "occupied" or "occupancy" shall mean the physical presence of one of Tenant's employees, managers, officers or directors within the premises for more than four hours in any given day. In the event that the City Manager, or manager's designee, in his sole and absolute discretion, gives the Tenant written notice of intent to declare an Event of Default on the grounds of abandonment because the City Manager, or manager's designee, has the reasonable belief that the Tenant has abandoned the premises, the Tenant shall be obligated to contact the City Manager, or manager's designee, in person, at the beginning and at the end of each day that the Tenant is using the Premises for 10 business days following receipt of the notice. The City Manager, or manager's designee, shall give the Tenant written acknowledgement, each day, of such contact. Failure of the Tenant to obtain written confirmation of such contact shall be considered an Event of Default for abandonment. Section 15. Bankrupt. In the event that a bankruptcy or insolvency proceeding is filed by or against Tenant, or if a court of competent jurisdiction or other governmental authority approves a petition seeking a reorganization, arrangement, composition of other similar relief with respect to Tenant, or appoints a trustee, receiver or liquidator of Tenant, or of all, or substantially all, of Tenant's property or affairs, or assumes custody or control of all, or substantially all, of the property or affairs of Tenant, Landlord shall have the right to terminate this Lease. Section 16. Non -Waiver and Right to Cure Defaults. Neither a failure by Landlord to exercise any of its options hereunder, nor a failure to enforce its right or seek its remedies upon any default, nor an acceptance by Landlord of any rent accruing before or after any default, shall affect or constitute a waiver of Landlord's right to exercise such option, to enforce such right, or to seek such remedy with respect to that default or to any prior or subsequent default. The remedies provided in this Lease shall be cumulative and shall not in any way abridge, modify or preclude any other rights or remedies to which Landlord is entitled, either at law or in equity. Section 17. Termination. Any violation of the lease agreement terms, in accordance with the relevant notice requirements, shall constitute grounds for termination. The parties may mutually agree, in writing, to terminate the lease agreement, at any time. Neither the termination of the lease pursuant to any section or sections of this Lease shall relieve Tenant of its liabilities and obligations hereunder, all of which survive any defaults. If a default shall have occurred and is continuing, and whether or not this Lease shall have been terminated pursuant to this section. Section 18. Prohibited Activities. Tenant shall only use the Leased Property for those activities contemplated by this Agreement. Tenant represents and warrants that it will not use the Premises for any unlawful purpose and shall comply with all laws and permitting requirements applicable now, or in the future, to the operation of the Premises. Tenant shall not permit any offensive, or dangerous activity, nor any nuisance or other conduct in violation of the public policy of the City, county or state on the approved premises. Section 19. Eg= by Landlord. Landlord shall have the right to enter upon the Premises at all reasonable times for the purpose of inspecting the same, and during the last year of the lease Page 6 of 13 i term, or any renewal or extension thereof, Landlord may exhibit the same for sale or rent; provided, however, that Landlord shall not unreasonably interfere with Tenant's use of the Premises. No such entry shall be deemed an eviction of the Tenant. Section 20. Assignment. Subletting. and Subleases. Tenant shall not assign, sublet, sublease, mortgage, pledge, not encumber this lease, or any of its rights obligations hereunder, in whole or in part, without the prior written approval of the City Commission, which may be granted upon the sole discretion of the City Commission. Section 21. Time. Time is of the essence in the performance and observance of each and every term, covenant and condition of this Lease by both Landlord and Tenant. All notice requirements shall be calculated based upon calendar days. Section 22. Notices. Any notice, communication, request or other document or demand required or desired to be given to Landlord or Tenant shall be in writing and shall be deemed given: (a) to Tenant when delivered in person to an officer of Tenant or when deposited in the United States mail, first-class, postage prepaid, addressed to Tenant at its address set forth below. Either party may, from time to time, change the address at which such written notices, exercise of options or elections, communications, requests, or other documents or demands are to be delivered, by giving the other party written notice of such changed address in the same manner as this section requires for the giving of all notices. IF TO CITY OF SOUTH MIANH: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 E-mail: citymanager@southmiamifl.gov IF TO TENANT: William Duquette, Chair South Miami Children's Clinic 6200 SW 73RD ST South Miami, Florida 33143 E-mail: billd@baptisthealth.net Section 23. Governing Laws and Venue. This Agreement and the performance ofduties and obligations hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. Section 24. Amendments. No amendment to this Lease shall be valid or binding unless such amendment is in writing, agreed, and executed by the parties hereto and approved by the City Commission at a public hearing and in accordance with the provisions of the City Charter for leasing City property. Section 25. Rules of Interpretation. Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. The parties to this agreement have had an opportunity to seek legal counsel and to draft this agreement in a manner to avoid any ambiguity. The parties also acknowledge that all terms of this Agreement were negotiated at arm's length and that this Agreement and all documents executed in connection herewith were prepared and executed without undue influence exerted by any party or on any party. Further, this Agreement was drafted jointly by all parties, and no party is entitled to the benefit of any rules of construction with respect Page 7of13 . c . t 14 to the interpretation of any terms, conditions or provisions of this Agreement in favor of or against any person or party who drafted this Agreement. Section 26. Captions. The captions of the several sections of the Lease are not a part of the context hereof and shall be ignored in construing this Lease. They are intended only as aids in locating and reading the various provisions hereof. Section 27. Severability of Provisions. The invalidity or unenforceability of any particular provision of this Lease shall not affect the other provisions hereof and this Lease shall be construed in all respect as if such invalid or unenforceable provision were omitted. Section 28. Construction of this Lease. The parties agree that this Lease Agreement is a product of all of their efforts, that it expresses their mutual understandings, and that it should not be interpreted in favor of either party or against either of them. Section 29. Entire Agreement. Modification, and Binding Effect. This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and Tenant and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. Section 30. Non -Waiver. City and Tenant agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. Section 31. Cumulative Remedies. No right or remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing. The duties and obligations imposed by the Lease and the documents attached to it or made a part of it by reference ("Lease Documents"), if any, and the rights and remedies available hereunder, and, in particular but without Iimitation, the warranties, guarantees and obligations imposed upon Lessee by the Lease Documents and the rights and remedies available to the Lessor hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Page 8 of 13 Lease Documents. In order to entitle any party to exercise any remedy reserved to it in this Lease, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or hereafter existing at law or in equity or by statute. The failure of Lessor to insist upon the strict performance of any provision hereof or to exercise any option, right, power or remedy contained herein shall not be construed as a waiver or relinquishment thereof for the future. Receipt by Lessor of any sum payable hereunder with or without knowledge of the breach of any provision hereof shall not be deemed a waiver of such breach, and no waiver by Lessor of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor. Section 32. Waiver Jury Trial. City and Tenant knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. Section33. Validity of Executed Copies. This agreement may be executed in several counterparts, each of which may be construed as an original. Section 34. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 35. No Discrimination. No action shall be taken by the Tenant, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The Tenant shall comply with the Americans with Disabilities Act. Furthermore, Tenant agrees that it will take affirmative action to ensure that such discrimination does not take place. Section 36. Equal Employment. In accordance with Federal, State and Local law, the Tenant shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The Tenant shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement, the Tenant hereby certifies under penalty of perjury, to the City, that Tenant is in compliance with all applicable regulations acid laws governing employment practices. Page 9of13 Section 37. Approval of Landlord. Nothing in this Agreement, shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. Where approval or consent of Landlord is required under this Agreement, such consent or approval shall be deemed to refer to the City's consent of approval as a property owner, and such consent of approval shall be contractual in nature and shall not be in lieu of any required governmental approval of the City. Section 38. Holdover. If a Default shall have occurred and is continuing, notwithstanding whether the lease is terminated, pursuant to the provisions in this Lease, Tenant shall, upon 30 days' written notice, surrender to Landlord possession of the premises. Landlord may enter upon and repossess the premises by such means as are available at law or in equity, and may remove Tenant and all other personal property, which includes Tenant's equipment and personalty, alterations and/or modifications. Landlord shall have no liability by reason of such entry, repossession or removal that is performed in accordance with applicable laws. Upon Landlord's written demand, Tenant shall return the premises immediately to Landlord, in the manner and condition required by, and in accordance with this lease. In addition, if Tenant does not relinquish possession of the property, the Landlord is entitled to seek an injunction before the appropriate court to obtain all costs Landlord has occurred due the holdover, to be immediately paid to the Landlord by the Tenant and require the Tenant to immediately exit the premises. Section 39. Force Majeure. Neither party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. Section 40. Additional Reporting_ Requirements. Upon the Landlord's reasonable request, the Tenant will deliver, or will cause to be delivered to the Landlord documents relevant to the financial condition and, to the extent permitted by Federal law, detailed reports regarding the charitable health care services provided to the community. Section 41. Public Records: TENANT and all of its sub -Tenants, if allowed by the Landlord, are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the Tenant, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if. the Tenant does not transfer the records to the public agency; (d) Upon completion of the contract, Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Tenant or keep and maintain public records required by the public agency to perform the service. If the Tenant transfers all public records to the public agency upon completion of the contract, the Tenant shall upon Termination of the contract and destroy any Page 10 of 13 duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Tenant keeps and maintains public records upon completion of the contract, the Tenant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov ; 6130 Sunset Drive, South Miami, FL .33143. Section 42. Non -Discriminatory Practices. In the operation of the charitable health care clinic, Tenant shall not discriminate in any manner based upon race, color, creed, religion, ancestry, national origin, gender, age, physical/mental handicap, sexual orientation or in any other manner. Section 43. Warranty of Authority. The signatories to this Agreement warrant that they are duly authorized by action of their respective City commission, board of directors or other authority to execute this Agreement and to bind the parties to the promises, terms, conditions and warranties contained in this Agreement and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder, and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the Tenant hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. Section 44. Waiver Jury Trial. City and Tenant knowingly, irrevocably voluntarily and intentionally waive any right .either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. Section 45. Validity of Executed Copies. This agreement may be executed in several counterparts, each of which may be construed as an original. Section 46. Limitation on Liability. No member of the governing body of the City, and no other officer, employee, or agent of the City shall have any personal interest, direct or indirect, in this Agreement, except as permitted by the Code of Ethics of the City of South Miami; and the Tenant covenants that no person having such interest shall be employed in the performance of this Agreement. (Signatures are on the next page) Page 11 of 13 IN WITNESS WHEREOF, the parties have executed this Lease on or prior to the date first above written. ATTEST: By: Nke a A ayne, CMC, City Clerk Read and Approved as to Form, Language, Legality and Execution dWeof. Thomas F. Pepe, City Attorney South Miami Children's Clinic, Inc., a Florida not -for -profit corporation By: William M. Duquette, Cha; person CITY OF SOUTH MIAMI By: &�Lj a 'qt� Shari Kamali, City Manager Page 12 of 13 L EXHIBIT "A" LEGAL DESCRIPTION OF TIRE PREMISES MR-Rup-5M' AUMD unl.n.n tNtIGHy1p1�OXO1�•v:+/. . �c L'f VRSwS ./L':I+J:.: Iv L�J IYCY. A. AGR4)t014 PIAI 14L). 4 IM. :Of. Ll MI M1lPl f. [!Pl.1�1 C. NaN !I I 1 I 11 i i I I I 1 I I I IXI I 1 1 I I 1 I 1 I I l I I I I 1 1 1 I 1 I I 1 I I I I I I I t I c..lf4U lax !O-,aw.cr rDvi R['APL x]F PLN]vJ 09LOLSOPPOpO 1'tlGJL9e[W:CP 111'4ttLti 4i4L'.IDfW GIJ iN Sh.h rY2�C1.OV KIJ YJ II'JI IAYOlUX1...NYW4l X3+. NJN. XLY'iL Dl1] mn -CIry L13:lRY 41W1 COt]\Lllyfi VLfL LV. KiS ZLOOMMOW BBAP .D-.NDD�X.•w.NN:� n u,U w1LN �VxX W!c•AYf [Lw[4vn Aux .tr. �z:ecs.a v.: 0• •mu m � :aD 3!'N• l turf wxa.' yu L\nann. w 1 1 C x 0� Nle aurtn 1 KY. d111 Page 13 of 13 17 --'10•0-11111110 k S SOUT-35 ACO°'RO' CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYY1r)10/0712020 THIS CEWTIFICATE 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 904-249-2345 Fletcher & Company P. O. Box 50069 Jacksonville Beach, FL 32240-0069 Fletcher & Company C CT Allison Folds PHONE 904-249-2345 FAX 904-246-7986 A, No. Ext : AIC, No): IC I , afolds@fletcherandcompanyfi.com INSURERS AFFORDING COVERAGE NAIC it INSURER A: Sentinel Insurance Company 11000 Childrens Clinic, oNoNIMMiamilc. ¢701 SW 5ft Place South Miamk FL 33143 INSURER B: Employers Assurance Co. 25402 INSURER C : INSURER D : INSURER E : INSURER F : coVEReGES CERTIFICATE NUMRFR- 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 I TYPE OF INSURANCE DL UBR POLICY NUMBER POLICY EFF POLICY EXPLTR OMITS A X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X X 21SBMBW2696 04/2312020 04/23/2021 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea TORENTEDn S 1,000,000 MED EXP (Any oneperson) S 10,000 _ PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PR POLICY JET LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPlOP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OANED SCHEDULED ALTOS ONLY AUTOS ED AUTOS ONLY AUTO ONNLY (Ea accident) COMBINED SINGLE LIMIT $ BODILY INJURY Per erson S BODILY INJURY Per accident BODILY per akdent AMAGE S UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE DED RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRCPRIETORIPARTNERIEXECUTIVE YIN FQ_ F��J BER EXCLUDED? F-1 tNa If describeurider DESCRIPTION OF OPERATIONS below NIANH) EIG158032407 12101/2019 12/01/2020 X PER OTH- ER E.L. EACH ACCIDENT 1'000'000 E.L. DISEASE - EA EMPLOYE1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedulo, may be attached If more space is required) Certificate holder is included as additional insured with a wavier of subrogation regarding General Liability when required by written contract. The City of South Miami 6130 Sunset Drive Miami, FL 33143 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 18 THANK YOU FOR RENEWING YOUR POLICY WITH US If you're receiving this renewal through the mail directly from The Hartford, please note that we've only attached new, changed or updated documents. These include your new declarations page, which outlines your coverage, as well as any notices and brochures with updated information. We leave out unchanged documents to help cut down on paperwork and mailing costs. You can keep the attached documents filed alongside those from your previous policy if you wish. If you're receiving this renewal electronically, or it's been mailed by your agent, it may include all of your documents - even ones that haven't changed. In either case, keep in mind that you can view, download or print any of these documents online. Just register or log into your account https://business.thehartford.com and click on "Documents". For added convenience, you can also pay your bill, request a Certificate of Insurance, check claims status, update preferences and more. Form G-4159-0 © 2019, The Hartford Page 1 of 1 19 tuy SOUTH MIAMI CHILDRENS CLINIC, INC. THE 6701 SW 58TH PL MIAMI FL 33143 HARTFORD Policy Number: 21 SBM BW2696 Renewal Date: 04/23/20 Thank you for being a loyal customer of The Hartford. # 1: Your Hartford Policy Enclosed are renewal documents for your policy, which is scheduled to renew on 04/23/20 . Along with a new Declarations Page, which details the coverages provided by your policy, we are enclosing important policy documents. Please be aware that you will receive an invoice separately for this new policy term approximately 30 days prior to the renewal date; no action is required now. To ensure the premium you paid for this past policy term was accurate, we may contact you by letter, phone or email to conduct a premium audit. If contacted, we will advise what information is needed to complete the audit. # 2: Your Business Insurance Coverage Checkup Now is a great time to complete a business insurance coverage checkup with a Hartford Insurance Professional. Because you wear so many hats each day, you may not be thinking about how changes to your business can impact the type and amount of insurance coverage needed to protect it. Together we will evaluate how your needs may have changed over the past year. Examples include: - Has your mailing address and/or the physical location of your business changed? - Has there been any increase/decrease in the amount of business property/equipment you own? - Has there been any increase/decrease in your company's payroll or sales? - Have you added or eliminated any vehicles used in your business operations? - Are the bill plan and deductible on your policy right for your business? During the review we may make coverage recommendations, provide peace of mind solutions, and possibly reduce your costs. Here is all you need to do: - Call toll free (866) 467-8730 , and select our renewal review service option any weekday from 7 A.M. to 7 P.M. CST and request your business insurance check-up. - To best serve you, please have your Policy Number or Account Number and a Copy of your current Renewal Policy in hand when you call. # 3: Servicing Your Needs To login or register for our Online Business Service Center, go to www.thehartford.com/servicecenter where any time, day or night you can: - Pay your bill, view payment history and enroll in Auto Pay - Request Auto ID Cards and Certificates of Insurance - View electronic copies of billing and policy documents and sign up for paperless delivery # 4: If You've Had A Loss or Accident... Report It Immediately We want to help! Contact us as quickly as possible at 1-800-327-3636. - Representatives are available 24-7 to assist in helping you recover from your loss. On behalf of FLETCHER & COMPANY/PHS and The Hartford, we appreciate the opportunity to have been of service to you this past year and look forward to serving your business insurance needs for the upcoming year. Sincerely, Your Hartford Team 20 Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly, you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information, please contact us at 866-467-8730, and we will be happy to assist you. o Your total policy premium will appear on your policy's Declarations Page. You will be billed based on the payment plan you selected. o You may pay the "minimum due" as it appears on your insurance bill or pay the policy balance in full. o An installment service fee is added to each installment. A late fee will also be applied if the "minimum due" is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. o If you selected installment billing, any credit or additional premium due as the result of a change made to your policy, will be spread over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. o If you elected Electronic Funds Transfer (EFT), policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. o If you selected installment billing and pay the premiums for your first policy term on time, at renewal, your account may qualify for our "Equal Installment" feature. This means that the percentage due for each installment, including the initial renewal installment, will be the same throughout the policy term — helping you better manage cash flow. Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments, future renewals will be billed based on the payment plan you selected, which includes a higher initial installment amount. o If your policy is eligible for renewal, your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy's renewal date. If your insurance needs change, please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. o One bill convenience — you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due. You're In Control In addition to selecting a bill plan option that best meets your budget, you have the flexibility to decide how your payments are made ... o Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. o Pay Online: Register at www.thehartford.com/servicecenter. Online Bill Pay is Quick, Easy and Secure! o Pay by Check: Send a check with your remittance stub in the envelope provided with your bill. o Pay by Phone: Call toll -free 1-866-467-8730. Should you have any questions about your bill, please call Customer Service toll free number: 1-866-467-8730 - 7AM — 7PM CST. We look forward to being of service to you. Form 10072211th Rev. Printed in U.S.A. 21 IMPORTANT NOTICE TO POLICYHOLDERS THE HARTFORD CYBER CENTER WEBSITE ACCESS Thank you for choosing The Hartford for your business insurance needs. You are receiving this Notice because you purchased a business owner's policy from The Hartford, (your Policy was issued by The Hartford writing company identified on your policy Declarations page) which includes access to The Hartford Cyber Center. This portal was created because we recognize that businesses face a variety of cyber-related exposures and need help managing the related risks. These exposures include data breaches, computer virus attacks and cyber extortion threats. Through The Hartford Cyber Center, you have access to: o A panel of third party incident response service providers o Third party cybersecurity pre -incident service providers and a list of approved services to help protect your business before a cyber-threat occurs o Risk management tools, including self -assessments, best practice guides, templates, sample incident response plans, and data breach cost calculators o White papers, blogs and webinars from leading privacy and security practitioners o Up-to-date cyber-related news and events, including examples of privacy and security related events Accessing The Hartford Cyber Center is easy 1. Visit www.thehartford.com/cybercenter 2. Enter policyholder information 3. Access code: 952689 4. Login to The Hartford Cyber Center TI-is Notice does not amend or otherwise affect the provisions of your business owner's policy. Coverage Options: The Hartford offers a variety of endorsements to your business owner's policy that can help protect your business from a broad range of cyber-related threats. Please review your coverage with your insurance agent or broker to determine the most appropriate cyber coverages and limits for your business. ClIaims Reporting: If -you have a claim, you can report it by calling The Hartford's toll -free claims line at 1-800-327-3636. Should you have any questions, please contact your insurance agent, broker or you may contact us directly. Ale appreciate your business and look forward to being of continued service to you. Pease be aware that: o The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford. Please do not share the access code with anyone outside your organization. o Registration is required to access the Cyber Center. You may register as many users as necessary. o Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim as required under your insurance policy. Read your insurance policy and discuss any questions with your agent or broker. The Hartford Cyber Center provides third party service provider references and materials for educational purposes only. The Hartford does not specifically endorse any such service provider within The Hartford Cyber Center and hereby disclaims all liability with respect to use of or reliance on such service providers. All service providers are independent contractors and not agents of The Hartford. The Hartford does not warrant the performance of the service providers, even if such services are covered under your Business Owners Policy. We strongly encourage you to conduct your own assessments of the service providers' services and the fitness or adequacy of such services for your particular needs. Form SS 89 93 0716 Page 1 of 1 © 2016, The Hartford 22 l e IMPORTANT NOTICE TO POLICYHOLDERS - PERSONAL AND ADVERTISING INJURY EXCLUSION - LIMITED Thank you for trusting The Hartford with your Business Insurance needs. Your policy may have previously had SS 50 50, Personal and Advertising Injury Exclusion - Limited attached. Please be advised that SS 50 50 will no longer be attached due to your class and business operations. The elimination of SS 50 50 from your policy will result in a broadening of coverage. If you have any questions regarding this notice, feel free to reach out to your Hartford representative. Form SS 90 37 09 19 Page 1 of 1 © 2019, The Hartford 23 Spectrum° Business Owner's Policy THE HARTFORD Form SS 00 01 03 14 Page 1 of 1 24 PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford's producer compensation practices at www.TheHartford.com or at 1-800-592-5717. Form G-3418-0 25 POLICY NUMBER. 21 SBM BW2696 a THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium: $1.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, as amended (TRIA), we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for "certified acts of terrorism" under TRIA. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement. B. The following definition is added with respect to the provisions of this endorsement: 1. A "certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of TRIA, to be an act of terrorism under TRIA. The criteria contained in TRIA for a "certified act of terrorism" include the following: a. The act results in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to TRIA; and b. The act results in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission; and c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the Form SS 83 76 01 15 United States or to influence the policy or affect the conduct of the United States Government by coercion C. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of insured losses, as indicated in the table below, attributable to "certified acts of terrorism" under TRIA that exceeds the applicable insurer deductible: Calendar Year Federal Share of Terrorism Losses 2015 85% 2016 84% 2017 83% 2018 82% 2019 81% 2020 or later 80% However, if aggregate industry insured fosses under TRIA exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. Page 1 of 2 © 2015 , The Hartford (Includes copyrighted material of the Insurance Services Office, Inc., with its permission.) 26 � � b D. Cap On Insurer Liability for Terrorism Losses If aggregate industry insured losses attributable to "certified acts of terrorism" under TRIA exceed $100 billion in a calendar year and we have met, or will meet, our insurer deductible under TRIA, we shall not be liable for the payment of any portion of the amount of such losses that exceed $100 billion. In such case, your coverage for terrorism losses may be reduced on a pro-rata basis in accordance with procedures established by the Treasury, based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury's procedures, amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. Application of Other Exclusions The terms and limitations of any terrorism exclusion, the inapplicability or omission of a terrorism exclusion, or the inclusion of terrorism coverage, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form, Coverage Part or Policy. F. All other terms and conditions remain the same. Form SS 83 76 01 15 Page 2 of 2 27 t � 1 IMPORTANT NOTICE TO POLICYHOLDERS To help your insurance keep pace with increasing costs, we have increased your amount of insurance ... giving you better protection in case of either a partial, or total loss to your property. If you feel the new amount is not the proper one, please contact your agent or broker. Form PC-374-0 Printed in U.S.A. 28 I O IMPORTANT NOTICE FOR FLORIDA POLICYHOLDERS TE HARTFORD If you would like to present inquiries or obtain information about coverage or obtain assistance in resolving a complaint, please contact YOUR HARTFORD AGENT, or you may contact The Hartford at the number stated below. SERVICING OFFICE: THE HARTFORD 8711 UNIVERSITY EAST DRIVE CHARLOTTE NC 28213 (866) 467-8730 THE HARTFORD COMPANY: SENTINEL INSURANCE COMPANY, LIMITED Written correspondence is preferable so that a record of your inquiry is maintained. PLEASE BE SURE TO INCLUDE YOUR POLICY NUMBER IN ANY CORRESPONDENCE. Form G-3152-2 Process Date: 02 / 2 4 / 2 0 Policy Expiration Date: 0 4 / 2 3 / 21 29 96 This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any 26 other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock BW insurance company of The Hartford Insurance Group shown below. SBM INSURER: SENTINEL INSURANCE COMPANY, LIMITED ONE HARTFORD PLAZA, HARTFORD, CT 06155 COMPANY CODE: A Policy Number: 21 SBM BW2696 DV TH E HARTFORD SPECTRUM POLICY DECLARATIONS Named Insured and Mailing Address: SOUTH MIAMI CHILDRENS CLINIC, INC. (No., Street, Town, State, Zip Code) 6701 SW 58TH PL MIAMI FL 33143 Policy Period: From 04/23/20 To 04/23/21 1 YEAR 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire. Name of Agent/Broker: FLETCHER & COMPANY/PHS Code: 227107 Previous Policy Number: 21 SBM BW2696 Named Insured is: CORPORATION Audit Period: NON-AUDITABLE Type of Property Coverage: NONE Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. TOTAL ANNUAL PREMIUM IS: FLORIDA FC SURCHARGE: $ FL EMERG MGMT SURCH: $ Countersigned by $625 MP .63 4.00 W� Authorized Representative 02/24/20 Date Form SS 00 02 12 06 Page 001 (CONTINUED ON NEXT PAGE) Process Date: 02/24/20 Policy Expiration Date: 04/23/21 30 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM BW2696 Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 001 Building: o o 1 6701 SW 58TH PL SOUTH MIAMI FL 33143 Description of Business: Medical Office - Other Deductible: NO COVERAGE BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES NO COVERAGE NO COVERAGE NO COVERAGE NO COVERAGE NO COVERAGE Page 002 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 04 / 2 3 / 21 31 Form SS 00 0212 06 Process Date: 0 2/ 2 4/ 2 0 e s a SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM BW2696 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $1, 0 0 0, 0 0 0 MEDICAL EXPENSES -ANY ONE PERSON $ 10,000 PERSONAL AND ADVERTISING INJURY $1, 000, 000 DAMAGES TO PREMISES RENTED TO YOU $1, 000, 000 ANYONE PREMISES AGGREGATE LIMITS PRODUCTS -COMPLETED OPERATIONS $2, 000, 000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 EMPLOYMENT PRACTICES LIABILITY COVERAGE: FORM SS 09 01 EACH CLAIM LIMIT $ 10,000 DEDUCTIBLE - EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 10,000 RETROACTIVE DATE: 04232014 This Employment Practices Liability Coverage contains claims made coverage. Except as may be otherwise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the coverage with your Hartford Agent or Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of "defense expense" and, in such event, The Company will not be obligated to pay any further "defense expense" or sums which the insured is or may become legally obligated to pay as "damages". BUSINESS LIABILITY OPTIONAL COVERAGES CYBERFLEX COVERAGE FORM SS 40 26 JhiMANNED AIRCRAFT LIABILITY IS EXCLUDED SEE FORM: SS 42 06 Form SS 00 02 12 06 Page 003 (CONTINUED ON NEXT PAGE) Process Date: 0 2 / 2 4 / 2 0 Policy Expiration Date: 04/23/21 32 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM BW2696 ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 TYPE PERSON ORGANIZATION NAME SEE FORM IH 12 00 Form SS 00 02 12 06 Page 004 (CONTINUED ON NEXT PAGE) Process Date: 02/24/20 Policy Expiration Date: 04/23/21 33 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM BW2696 Foam Numbers of Forms and Endorsements that apply: SS 00 01 03 14 SS 00 05 10 08 SS 00 08 04 05 SS 00 60 09 15 SS 00 64 09 16 SS 01 58 09 16 SS 42 06 03 17 SS 40 26 03 17 SS 41 63 06 11 SS 05 47 09 15 SS 50 57 04 05 SS 09 01 12 14 SS 09 67 09 14 SS 09 70 12 14 SS 09 71 12 14 SS 09 85 12 14 SS 50 19 01 15 IH 99 40 04 09 SS 83 76 01 15 SS 89 93 07 16 IH 12 00 11 85 ADDITIONAL INSURED - PERSON -ORGANIZATION Form SS 00 0212 06 Page 005 Process Date: 0 2/ 2 4/ 2 0 Policy Expiration Date: 0 4/ 2 3/ 21 34 COMMON POLICY CONDITIONS Form ss 00 0510 08 © 2008, The Hartford 35 QUICK REFERENCE - SPECTRUM POLICY DECLARATIONS and COMMON POLICY CONDITIONS Named Insured and Mailing Address Policy Period Description and Business Location Coverages and Limits of Insurance 11. COMMON POLICY CONDITIONS A. Cancellation B. Changes C. Concealment, Misrepresentation Or Fraud D. Examination Of Your Books And Records E. Inspections And Surveys F. Insurance Under Two Or More Coverages G. Liberalization H. Other Insurance - Property Coverage I. Premiums J. Transfer Of Rights Of Recovery Against Others To Us K. Transfer Of Your Rights And Duties Under This Policy L. Premium Audit Beginning on Page 1 1 2 2 2 2 2 2 2 2 3 3 Form SS 00 0510 08 36 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building .that is Covered Property in this policy: (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) Seasonal unoccupancy; or (b) Buildings in the course of construction, renovation or addition. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2) After damage by a Covered Cause of Loss, permanent repairs to the building: (a) Have not started; and (b) Have not been contracted for, within 30 days of initial payment of loss. (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. Form SS 00 0510 08 (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled, we will send the first Named Insured any premium refund due. Such refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Page 1 of 3 © 2008, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission) 37 COMMON POLICY CONDITIONS C. Concealment, Misrepresentation Or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. D. Examination Of Your Books And Records We may examine and audit your books and records as they relate to the policy at any time during the policy period and up to three years afterward. E. Inspections And Surveys 1. We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. Any inspections, surveys, reports or recommendations will relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of any person. We do not represent or warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations on our behalf. F. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. G. Liberalization If we adopt any revision that would broaden the ccverage under this policy without additional premium within 45 days prior to, or at any time daring, the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance - Property Coverage If !here is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. If applicable, on each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Changes in exposures or changes in your business operation, acquisition or use of locations that are not shown in the Declarations may occur during the policy period. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Transfer Of Rights Of Recovery Against Others To Us Applicable to Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property; or 2. After a loss to your Covered Property only if, at time of loss, that party is one of the following: Page 2 of 3 Form SS 00 05 10 08 38 k I t a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. K. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is COMMON POLICY CONDITIONS appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. L. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. The premium amount shown in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Any additional premium found to be due as a result of the audit are due and payable on notice to the first Named Insured. If the deposit premium paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must maintain all records related to the coverage provided by this policy and necessary to finalize the premium audit, and send us copies of the same upon our request. Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative. ;95r-7 Lisa Levin, Secretary czmtfto Et Douglas Elliot, President Form SS 00 0510 08 Page 3 of 3 39 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford 40 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal_ Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 41 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this 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 in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement 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 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, 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"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — 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 "property damage" during or after the policy period will be deemed to have been known prior to 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" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — 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, Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford 42 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", , but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for "bodily injury" applies. We do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one `occurrence". investigation or defense of the claim or "suit", including actual loss of earnings 2. MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 43 BUSINESS LIABILITY COVERAGE FORM b. 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: (1) 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"; (2) This insurance applies to such liability assumed by the insured; (3) 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"; (4) 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 interest of the indemnitee; (5) 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 (6) The indemnitee: (a) Agrees in writing to: (i) 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 (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of 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: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 44 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract", and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) 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 only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits 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 (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (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", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, 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 does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's 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 premises, 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 Page 4 of 24 Form SS 00 08 04 05 45 BUSINESS LIABILITY COVERAGE FORM (Ili) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor, or as waste by or for: (Ili) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a"hostile fire"; or whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or anycontractors location on which any insured or or subcontractors working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 46 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to cant' persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired; chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. 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 or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. L War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; Page 6 of 24 Form SS 00 08 04 05 47 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. 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 real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (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) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits 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) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. 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 delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 48 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mailaddress, by or at the direction of the insured; domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use "advertising (11) Arising out of the violation of a another's idea" in your person's right of privacy created by advertisement; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or performance made in your insured would have in the absence of "advertisement"; such state or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 49 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities;or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. 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". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 50 BUSINESS LIABILITY COVERAGE FORM . , k o 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. 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 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, 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 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. Employees And Volunteer Workers 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 "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 joint 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" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 51 0 a %, . BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co -"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co -"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 52 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or nominally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 53 w %- BUSINESS LIABILITY COVERAGE FORM (2) With respect to the- insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (i) The written contract or written agreement . requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Page 13 of 24 54 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. 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 Most We Will Pay 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. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, 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-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will 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 Expenses 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. Personal And Advertising Injury Limit Subject to 2.b. 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. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, 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 these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 55 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (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. Form SS 00 08 04 05 Page 15 of 24 56 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 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 law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Coverage Form 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 insurance 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, 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 b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 57 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 58 t BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as* an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased 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 equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 59 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed „ i, (1) Bodily injury , property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product -completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products -completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 60 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1 • "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising " among persons through a computer network. injuryarising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but ,only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 61 BUSINESS LIABILITY COVERAGE FORM 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 a. above; 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 a. above; (2) The activities of a person whose home is in the territory described in 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 the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. 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. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "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, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality,. except in connection with work for a municipality; e. An elevator maintenance agreement; or 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, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 62 BUSINESS LIABILITY COVERAGE FORM t. (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) 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 (1) above and supervisory, inspection, architectural or engineering activities. 13. "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". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "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 rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (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 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, of at least 1,000 pounds gross vehicle weight, 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 (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "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; Page 22 of 24 Form SS 00 08 04 05 63 c . BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "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 to be 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 a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 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. 20. "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 "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 64 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (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 organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such 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. 25. "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. Page 24 of 24 Form SS 00 08 04 05 65 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Sub -subparagraphs 1.p. (7), (8), (15) of Paragraph 2., of Section B. Exclusions are deleted and replaced with the following: p. Personal and Advertising Injury: (7) (a) Arising out of any actual or alleged infringement or violation of any intellectual property right, such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity, or (b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". (8) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (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 a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (15) Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. B. Subparagraph 1.r. of Section B. Exclusions is deleted and replaced with the following: r. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or Form SS 00 60 09 15 Page 1 of 2 66 (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (a) Whether the injury -causing event described in the definition of "employment -related practices" occurs before employment, during employment or after employment of that person; (b) Whether the insured may be liable as an employer or in any other capacity; and (c) To any obligation to share damages with or repay someone else who must pay damages because of the injury. C. Subparagraph 1.q. "Electronic Data" of Section B. Exclusions is deleted and replaced with the following: q. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability (1) Damages, other than damages because of "personal and advertising injury", arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. D. Sub -subparagraph 7.b.(1) Other Insurance of Section E. Liability and Medical Expenses General Conditions is deleted and replaced with the following: b. Excess Insurance (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Wrap Up Insurance or similar coverage for "your work". E. Subparagraph 17. c. "Personal and Advertising Injury" of Section G, Liability and Medical Expenses Definitions is deleted and replaced with the following: "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: 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; F. Subparagraph 17.h. of Section G, Liability and Medical Expenses Definitions deleted. Page 2 of 2 Form SS 00 60 0915 67 16 k THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT - SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Sub -subparagraph 3.a.(5) of Paragraph 3., Section A. Coverages is deleted and replaced with the following: 3. Coverage Extension - Supplementary Payments: a. (5) All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. Form SS 00 64 0916 Page 1 of 1 O 2016, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM STANDARD PROPERTY COVERAGE FORM SPECIAL PROPERTY COVERAGE FORM BUILDING STRETCH I. If your policy contains only liability coverages then the following changes apply to the Common Policy Conditions Form. A. Cancellation Paragraph A.2. Cancellation is deleted and replaced by the following: 2. Cancellation For Policies In Effect a. For 90 Days Or Less If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, accompanied by the specific reasons for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 20 days before the effective date of cancellation if we cancel for any other reason, except we may cancel immediately if there has been: (a) A material misstatement or misrepresentation; or (b) A failure to comply with underwriting requirements established by the insurer. b. For More Than 90 Days (1) If this policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the following reasons: (a) Nonpayment of premium; (b) The policy was obtained by a material misstatement; Form SS 0158 0916 (c) In the event of failure to comply within 90 days after the effective date of coverage with underwriting requirements established by us before the effective date of coverage; (d) A substantial change in the risk covered by the policy; or (e) The cancellation is for all insureds under such policies for a given class of insureds. (2) If we cancel this policy for any of these reasons, we will mail or deliver to the first Named Insured(s) written notice of cancellation, accompanied by the reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (b) 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in Paragraph 2.b. B. Paragraph A.3. Cancellation is deleted and replaced by the following: 3. We will mail or deliver our notice to the first Named Insured(s) at the last mailing address known to us. C. Paragraph A.5. Cancellation is deleted and replaced by the following: 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro Page 1 of 10 © 2016, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission) [love rata. If the first Named Insured cancels, (a) 10 days before the the refund may be less than pro rata. If effective date of the return premium is not refunded with cancellation if we cancel the notice of cancellation or when this for nonpayment of policy is returned to us, we will mail the premium; or refund within 15 working days after the (b) 20 days before the date cancellation takes effect, unless this effective date of is an audit policy. cancellation if we cancel If this is an audit policy, then, subject to for any other reason, your full cooperation with us or our agent except we may cancel in securing the necessary data for audit, immediately if there has we will return any premium refund due been: within 90 days of the date cancellation i. A material takes effect. If our audit is not completed misstatement or within this time limitation, then we shall misrepresentation; or accept your own audit, and any premium refund due shall be mailed within 10 ii. A failure to comply working days of receipt of your audit. with underwriting The cancellation will be effective even if requirements established by the we have not made or offered a refund. insurer. D. Nonrenewal (2) We may not cancel: 1. The following Common Policy Condition (a) On the basis of property is added and supersedes any provision to insurance claims that are the contrary: the result of an act of M. NONRENEWAL God, unless we can 1. If we decide not to renew this demonstrate, by claims policy we will mail or deliver to the frequency or otherwise, first Named Insured written notice that you have failed to of nonrenewal, accompanied by take action reasonably the specific reason for necessary as requested nonrenewal, at least 45 days prior by us to prevent to the expiration date of the policy. recurrence of damage to 2. Any notice of nonrenewal will be the insured property; or mailed or delivered to the first (b) Solely on the basis of a Named Insured(s) at the last single property insurance mailing address known to us. If claim which is the result notice is mailed, proof of mailing of water damage, unless will be sufficient proof of notice. we can demonstrate that qIf your policy contains property coverages, you have failed to take. action reasonably including policies containing both property and requested by us to liability coverages, then the following changes prevent future similar apply to the Common Policy Conditions Form. occurrence of damage to A. Cancellation the insured property. 1. Paragraph A.2. of the Cancellation b. For More Than 90 Days Condition is deleted and replaced by the (1) If this policy has been in effect following: for more than 90 days, we 2. Cancellation For Policies In Effect may cancel this policy only for a. 90 Days Or Less one or more of the following (1) If this policy has been in effect reasons:. for 90 days or less, we may (a) Nonpayment of premium; cancel this policy by mailing (b) The policy was obtained or delivering to the first by a material Named Insured written notice misstatement; of cancellation, accompanied (c) In the event of failure to by the specific reasons for comply within 90 days cancellation, at least: after the effective date of Page 2 of 10 Form SS 0158 0916 70 coverage with underwriting requirements established by us before the effective date of coverage; (d) There has been a substantial change in the risk covered by the policy; (e) The cancellation is for all insureds under such policies for a given class of insureds; (f) On the basis of property insurance claims that are the result of an act of God, if we can demonstrate, by claims frequency or otherwise, that you have failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; (g) On the basis of a single property insurance claim which is the result of water damage, if we can demonstrate that you have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property. (h) The cancellation of some or all of our policies is necessary to protect the best interests of the public or policyholders and such cancellation is approved by the Florida Office of Insurance Regulation. (2) If we cancel this policy for any of these reasons, we will mail or deliver to the .first Named Insured written notice of cancellation, accompanied by the specific reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if cancellation is for nonpayment of premium; or (b) 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in paragraph A.2.b.(1)(b) through (h) above. 2. Paragraph A.S. Cancellation is deleted and replaced by the following: 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect, unless this is an audit policy. If this is an audit policy, then, subject to your full cooperation with us or our agent in securing the necessary data for audit, we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation, then we shall accept your own audit, and any premium refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. B. Nonrenewal 1. The following Common Policy Condition is added and supersedes any provision to the contrary: M. NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the specific reason for nonrenewal, at least 45 days prior to the expiration date of the policy if this policy does not cover a residential structure or its contents. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Form SS 0158 0916 Page 3 of 10 71 3. We may not refuse to renew this policy: a. On the basis of property insurance claims that are the result of an act of God, unless we can demonstrate, by claims frequency or otherwise, that you have failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; b. Solely on the basis of a single property insurance claim which is the result of water damage, unless we can demonstrate that you have failed to take action reasonably requested by us to prevent a future similar occurrence of damage to the insured property; or 4. Notwithstanding the provisions in paragraph II.B.1.M.3., above, we may refuse to renew this policy if the nonrenewal of some or all of our policies is necessary to protect the best interests of the public or policyholders and such cancellation is approved by the Florida Office of Insurance Regulation. III. The following changes apply to the Standard Property or Special Property Coverage Form. A. Duties In The Event Of Loss Or Damage The following provision is added to paragraph E.3. Duties In The Event Of Loss Or Damage. k. Windstorm or Hurricane Claim Notice If your policy includes coverage for the peril of windstorm or hurricane and you have a claim, "supplemental" claim or "reopened" claim, for property insurance as provided for in this policy, for loss or damage caused by windstorm or hurricane is barred unless notice of the claim, "supplemental" claim, or "reopened" claim was given to us in accordance with the terms of this policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. This time limitation does not affect any applicable limitation for legal action against us as provided in this policy for claims, "supplemental" claims, or "reopened" claims timely filed with us. For purposes of this provision, "supplemental" or "reopened" claim means any additional claim for recovery from us for losses from the same hurricane or windstorm which we have previously adjusted with you pursuant to the initial claim. B. Legal Action Against Us Paragraph EA.b. Legal Action Against Us is deleted and replaced by the following: b. The legal action against us involving direct physical loss or physical damage to property must be brought within 5 years from the date the loss occurs. .C. Loss Payment Paragraph E.5.g. Loss Payment is deleted and replaced by the following: g. Provided you have complied with all the terms of this Policy, we will pay for covered loss or damage: (1) Within 20 days after we receive the sworn proof of loss and reach written agreement with you; or (2) Within 30 days after we receive the sworn proof of loss and: (a) There is entry of a final judgment; or (b) There is a filing of an appraisal award with us. D. Windstorm Exterior Paint or Waterproofing Exclusion If windstorm is a Covered Cause of Loss, and Covered Property is located in: 1. Broward County; 2. Dade County; 3. Martin County; 4. Monroe County; 5. Palm Beach County; or 6. All the areas east of the west bank of the Intra-Coastal Waterway in the counties of: a. Indian River; or b. St. Lucie, the following applies: If physical loss or physical damage to Covered Property is caused by or results from Windstorm, the following exclusion applies: WINDSTORM EXTERIOR PAINT OR WATERPROOFING EXCLUSION We will not pay for loss or damage caused by windstorm to: 1. Paint; or 2. Waterproofing material; Page 4 of 10 Form SS 0158 0916 72 applied to the exterior of Buildings unless the Building to which such loss or damage occurs also sustains other loss or damage by windstorm in the course of the same storm event. However, such coverage applies only if windstorm is a Covered Cause of Loss. When loss or damage to exterior paint or waterproofing material is excluded, we will not include the value of paint or waterproofing material to determine: a. The amount of the Windstorm or Hail Deductible; or b. The value of Covered Property. E. Catastrophic Ground Cover Collapse 1. The following is added to this policy as a Covered Cause of Loss and as a "specified cause of loss". However, as a "specified cause of loss", the following does not apply to the Additional Coverage - Collapse. Catastrophic Ground Cover Collapse We will pay for direct physical loss or physical damage to Covered Property caused by or resulting from catastrophic ground cover collapse, meaning geological activity that results in all of the following: a. The abrupt collapse of the ground cover; b. A depression in the ground cover clearly visible to the naked eye; c. "Structural damage" to the covered building, including the foundation; and d. The insured structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that structure. However, damage consisting merely of the settling or cracking of a foundation, structure or building does not constitute loss or damage resulting from a catastrophic ground cover collapse. 2. The Earth Movement exclusion and the Collapse exclusion do not apply to coverage for Catastrophic Ground Cover Collapse. 3. Coverage for Catastrophic Ground Cover Collapse does not increase the applicable Limit of Insurance. Regardless of whether loss or damage attributable to catastrophic ground cover collapse also qualifies as "Sinkhole Loss" or Earthquake (if either or both of those causes of loss are covered under this policy), only one Limit of Insurance will apply to such loss or damage. If the Covered Property is included in a Blanket Limit of Insurance then the maximum that will be paid for Catastrophic Ground Cover Collapse is the value of the Covered Property at the time of the loss up to the Blanket Limit of Insurance. 4. Coverage for Catastrophic Ground Cover Collapse does not apply to the following: a. Paragraphs A.5.d. and A.6.d., Garages, Storage Buildings, and Other Appurtenant Structures, of the Standard and Special Property Coverage Forms; b. Paragraphs A.5.e. and A.6.e., Newly Acquired or Constructed Property, of the Standard and Special Property Coverage Forms; or c. Mortgage Holders Errors or Omissions coverage, if included in your policy. F. Sinkhole Loss 1. The following is added to this policy as a Covered Cause of Loss and as a "specified cause of loss". However, as a "specified cause of loss", the following does not apply to the Additional Coverage - Collapse. "Sinkhole Loss", meaning loss or damage to Covered Property when "structural damage" to the covered building, including the foundation, is caused by settlement or systematic weakening of the earth supporting the covered building, only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. Coverage for "Sinkhole Loss" includes stabilization of the building (including land stabilization) and repair to the foundation provided such work is in accordance with the requirements of Florida Insurance Law and in accordance with the recommendation of a "professional engineer" or "professional geologist". The "professional engineer" or "professional geologist" must be selected or approved by us. The "professional engineer" or "professional geologist" shall perform such tests as sufficient, in their professional opinion, to determine the Form SS 01 58 0916 Page 5 of 10 73 presence or absence of "sinkhole loss" or other cause of damage within reasonable professional probability and for the "professional engineer" or "professional geologist" to make recommendations regarding necessary building stabilization and foundation repair. However, until you enter into a contract for performance of building stabilization or foundation repair in accordance with the recommendations of the "professional engineer" as set forth in a report from us: a. We will not pay for underpinning or grouting or any other repair technique performed below the existing foundation of the building; and b. Our payment for "Sinkhole Loss" to Covered Property may be limited to the actual cash value of the loss to such property as determined in E.5.d. Loss Payment in the Standard or Special Property Coverage Form. In order to prevent further damage to the building or structure, you must enter into a contract for the performance of building stabilization and foundation repairs within 90 days after we have confirmed coverage for "sinkhole loss" and notified you of such confirmation. Or, if either party invokes the "neutral evaluation" process the 90 day time period is postponed and will begin again 10 days after the conclusion of the "neutral evaluation" process. After you have entered into such contract, we will pay the amounts necessary to begin and perform such repairs as the work is performed and the expenses are incurred. If repair has begun and the aforementioned "professional engineer" determines that the repairs will exceed the applicable Limit of Insurance, we will pay only the remaining portion of the applicable Limit of Insurance upon such determination. The most we will pay for the total of all "Sinkhole Loss", including building, land stabilization, foundation repair, and contents is the applicable Limits of Insurance on the affected building. 2. "Sinkhole Loss" does not include: a. Sinking or collapse of land into man- made underground cavities; or b. Earthquake. 3. The Earth Movement exclusion and the Collapse exclusion do not apply to coverage for "Sinkhole Loss". 4. Claim Provision With respect to a claim for alleged "Sinkhole Loss", the following provisions are added: a. Your Duties in the Event of a Loss (1) Any claim, including, but not limited to, initial, supplemental, and reopened claims under this insurance policy that provides "Sinkhole Loss" coverage is barred unless notice of the claim was given to us in accordance with the terms of this policy and within 2 years after you knew or reasonably should have known about the "Sinkhole Loss". (2) As a precondition to accepting payment for a "Sinkhole Loss", you must file a copy of any "sinkhole" report regarding the Covered Property which was prepared on your behalf or at your request with the county clerk. You shall bear the cost of filing and recording the "sinkhole" report. (3) The recording of the report does not: (a) Constitute a lien, encumbrance, or restriction on the title to the real property or constitute a defect in the title to the real property; (b) Create any cause of action or liability against any grantor of the real property for breach of any warranty of good title or warranty against encumbrances; or (c) Create any cause of action or liability against a title insurer that insures the title to the real property. b. Our Duties in the Event of a Loss Upon receipt of a claim for a "Sinkhole Loss" to a covered building, we will meet the following standards in investigating the claim. (1) We will inspect your scheduled premises to determine if there is "structural damage" that may be the result of "sinkhole" activity. (2) If we confirm that "structural damage" exists but is unable to identify a valid cause of such damage or discover that such damage is consistent with Page 6 of 10 Form SS 0158 09 16 74 ai ;% I .` "sinkhole loss", we shall engage a (c) A copy of the certification "professional engineer" or indicating that stabilization "professional geologist" to has been completed, if conduct testing to determine the applicable; and cause of loss within a reasonable (d) The amount of the payment. professional probability and issue "Sinkhole We shall bear the cost of filing a report to us for Loss" and recording one or more as covered under this policy. Except as provided in paragraph reports and certifications. There III.F.4.d., the fees and costs of shall be no cause of action or the "professional engineer" or liability against us for compliance "professional geologist" shall be with provision. paid by us. (6) The recording of the report and (3) Following the initial inspection of certification does not: your "scheduled premises", we (a) Constitute a lien, shall provide written notice to you encumbrance, or restriction disclosing the following on the title to the real property information: or constitute a defect in the (a) What was determined to be title to the real property; the cause of damage, if we (b) Create any cause of action or have made such liability against any grantor of determination. the real property for breach of (b) Statement of the any warranty of good title or circumstances under which warranty against encumbrances; or we were required to engage a "professional engineer" or a (c) Create any cause of action or "professional geologist" to liability against any title verify or eliminate "sinkhole insurer that insures the title to loss" and to engage a the real property. "professional engineer" to c. Neutral Evaluation Program make recommendations Following receipt by us of a report regarding land and building from a "professional engineer" or stabilization and foundation "professional geologist" on the cause repair. of loss and recommendations for land (c) Statement regarding your stabilization and repair of property, or right to request testing by a if we deny your claim, we will notify "professional engineer" or a you of your right to participate in a "professional geologist", the "neutral evaluation" program circumstances under which administered by the Florida the policyholder may demand Department of Financial Services certain testing, and the (hereinafter referred to as the circumstances under which Department). you may incur costs You or we may file a request with the associated with testing. Department for "neutral evaluation"; (4) If we determine that there is no the other party must comply with such "Sinkhole Loss", then we may request. We will pay the reasonable deny the claim. costs associated with the "neutral (5) When we have paid a claim for a evaluation", regardless of which party "Sinkhole Loss" then we will file a makes the request. However, if a copy of the report and certification party chooses to hire a court reporter to the county clerk of court, or stenographer to including: contemporaneously record and (a) The legal description of the document the "neutral evaluation", that party must pay the costs of those real property and the name of services. The "neutral evaluator" will the property owner; be selected from a list maintained by (b) The "neutral evaluator's" the Department. The recommendation report, if any, which indicates of the "neutral evaluator" will not be that "sinkhole" activity caused binding on you or us. the damage claimed; Form SS 0158 0916 Page 7 of 10 75 b � s 0 A Participation in the "neutral evaluation" program does not change your right to file suit against us in accordance with the Legal Action Against Us Property Loss Condition in this policy; except that the time for filing suit is extended for a period of 60 days following the conclusion of the "neutral evaluation" process or five years, whichever is later. d. Denial of Coverage If we deny coverage for "Sinkhole Loss" and fail to engage a "professional engineer" or "professional geologist" to perform such testing then you may demand such testing to be performed by us subject to the following: (1) Your demand for testing must be communicated to us in writing within 60 days after your receipt of our denial of the claim. (2) You shall pay either 50% of the actual costs of the "professional engineer" or "professional geologist" analyses and services or $2,500, whichever is less. We shall reimburse you for the costs if our engineer or geologist provides written certification that there is a covered "Sinkhole Loss". However, if we obtain a written certification that there is no "Sinkhole Loss" or that the cause of the damage was not "sinkhole" activity, and you submitted the "sinkhole" claim without good faith grounds for submitting such claim, then you shall reimburse us for 50% of the actual costs of the analyses and services provided by this insurance; however, you are not required to reimburse us more than $2,500 with respect to any claim. You are only required to pay this reimbursement under this provision if you requested the analysis and services for "professional engineer" or "professional geologist" for a "Sinkhole Loss" or "sinkhole" activity and we, before ordering the analysis, informed you in writing of your potential liability for reimbursement and gives you the opportunity to withdraw the claim. 5. The stabilization and all other covered repairs to the affected building and contents must be completed within 12 months after entering into the contract for repairs unless: a. There is a mutual agreement between you and us; b. The claim is involved with the "neutral evaluation" process; c. The claim is in litigation; or d. The claim is under appraisal or mediation. 6. You may not accept a "rebate" from any person performing the repairs for a covered "Sinkhole Loss". If you receive a "rebate", coverage is void and you must refund the amount of the "rebate" to us. Any person performing the repairs for "Sinkhole Loss" who offers a "rebate" commits insurance fraud punishable as a third degree felony. The term "Rebate" means a remuneration, payment, gift, discount, or transfer of any item of value to you by or on behalf of a person performing the repairs for "Sinkhole Loss" as an incentive or inducement to obtain repairs performed by that person. 7. Coverage for "Sinkhole Loss" does not increase the applicable Limit of Insurance. Even if loss or damage qualifies under, or includes, both Catastrophic Ground Cover Collapse and "Sinkhole Loss", only one Limit of Insurance will apply to such a physical loss or physical damage. If the Covered Property is included in a Blanket Limit of Insurance then the maximum that will be paid for "Sinkhole Loss", or both Catastrophic Ground Cover Collapse and "Sinkhole Loss", is the value of the Covered Property at the time of the loss up to the Blanket Limit of Insurance. 8. Coverage for "Sinkhole Loss" does not apply to the following: a. Paragraphs A.S.d. and A.6.d., Garages, Storage Buildings, and Other Appurtenant Structures, of the Standard and Special Property Coverage Forms; b. Paragraphs A.5.e. and A.6.e., Newly Acquired or Constructed Property, of the Standard and Special Property Coverage Forms; or c. Mortgage Holders Errors or Omissions coverage, if included in your policy. Page 8 of 10 Form SS 0158 0916 76 G. Business Income and Extra Expense 1. Paragraph A 5.o.(3) of Business Income is deleted and replaced by the following: (3) We will only pay for the loss of Business Income that occurs within the number of consecutive months listed in the Declarations and after the date of direct physical loss or physical damage. This Additional Coverage is not subject to the Limits of Insurance. 2. Paragraph A.5.p.(3).(c)(ii) of Extra Expense is deleted and replaced by the following: (ii) To research, replace or restore the lost information on damaged "valuable papers and records"; to the extent it reduces the amount of loss that otherwise would have been payable under this Additional Coverage o., Business Income. We will only pay for Extra Expense that occurs within the number of consecutive months listed in the Declarations and after the date of direct physical loss or physical damage, This Additional Coverage is not subject to the Limits of Insurance. F. Additional Definitions 1. "Structural Damage" means a covered building, regardless of the date of construction, has experienced the following: a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement -related damage to the interior such that the interior building structure or members become unfit for service or represents a safety hazard as defined within the Florida Building Code; b. Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement -related damage to the "primary structural members" or "primary structural systems" that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those "primary structural members" or "primary structural systems" exceeds one and one-third the nominal strength allowed under the Florida Building Code for new buildings of similar structure, purpose, or location; c. Damage that results in listing, leaning, or buckling of the exterior load bearing walls or other vertical "primary structural members" to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; d. Damage that results in the building, or any portion of the building containing "primary structural members" or "primary structural systems", being significantly likely to imminently collapse because of the movement or instability of the ground within the influence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such building as defined within the Florida Building Code; or e. Damage occurring on or after October 15, 2005, that qualifies as "substantial structural damage" as defined in the Florida Building Code. 2. "Primary structural member" means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. 3. "Primary structural system" means an assemblage of primary structural members. 4. "Neutral evaluation" means the alternative dispute resolution provided in Florida Statute 627.7074. 5. "Neutral evaluator" means an engineer licensed under Florida Statute 471 who has experience and expertise in the identification of sinkhole activity as well as other potential causes of structural damage or "professional geologist" who has completed a course of study in alternative dispute resolution designed or approved by the department for use in the "neutral evaluation" process and who is determined by the department to be fair and impartial and must not otherwise be ineligible for certification as provided under Florida Statute 627.7074. 6. "Professional engineer" means a person, as defined in Florida Statute 471.005, who has a bachelor's degree or higher in engineering. A "professional engineer" Form SS 0158 0916 Page 9 of 10 77 must also have experience and expertise in the identification of "sinkhole" activity or other potential causes of "structural damage". 7. "Professional geologist" means a person, as defined in Florida Statute 492.102, who has a bachelor's degree or higher in geology or related earth science and experience and expertise in the identification of "sinkhole" activity as well as other potential geologic causes of "structural damage". 8. "Sinkhole" means a landform created by subsidence of soil, sediment, or rock as underlying strata are dissolved by groundwater. A "sinkhole" forms by collapse into subterranean voids created by dissolution of limestone or dolostone or by subsidence as these strata are dissolved. IV. The following changes apply to the Mortgageholders Errors and Omissions Coverage Form. A. Loss Payment Paragraph 1.6. is deleted and replaced by the following. Provided you have complied with all the terms of this Policy, we will pay for covered loss or damage: 1. Within 20 days after we receive the sworn proof of loss and reach written agreement with you; or 2. Within 30 days after we receive the sworn proof of loss and: a. There is entry of a final judgment; or b. There is a filing of an appraisal award with us. B. Additional Coverage - Collapse Paragraph D.2.a. is deleted and replaced by the following: a. The "specified causes of loss" or breaking of building glass, all only as insured against in this policy. However, the following is not considered a covered cause of loss or "specified cause of loss" for this coverage: (1) Catastrophic Ground Cover Collapse; or, (2) "Sinkhole Loss". V. The following changes apply to the Building Stretch Coverage Form. A. Lessor's - Lease Cancellation Paragraph A.4.1b. Time Limitation is deleted and replaced by the following: We will only pay for loss of rental income that you sustain after tenantability is restored and until the earlier of: (1) The date you lease the premises to another tenant; (2) The number of months listed in the declarations page immediately following the "period of restoration"; or (3) The normal expiration date of the cancelled leases. Page 10 of 10 Form SS 0158 0916 78 POLICY NUMBER: 21 SBM BW2696 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNMANNED AIRCRAFT - LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Option 1: If an "X" is shown in this box, Bodily Injury and Property Damage coverage for Unmanned Aircraft applies and the Unmanned Aircraft Exclusion in Paragraph A.1.g.(1) of this endorsement does not apply. Option 2: If an "X" is shown in this box, Personal And Advertising Injury coverage for Unmanned Aircraft applies and the Unmanned Aircraft - Personal And Advertising Injury Exclusion in Paragraph A.2. of this endorsement does not apply. Except as otherwise stated in this endorsement or the schedule above, the terms and conditions of the policy apply to the insurance stated below. A. The following changes are made to Section B.1., EXCLUSIONS: 1. Paragraph g., Aircraft, Auto or Watercraft, is deleted and replaced with the following: g. Aircraft, Auto or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Paragraph g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Paragraph g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. Paragraph g. (2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; Form SS 42 06 0317 Process Date: 0 2/ 2 4/ 2 0 Page 1 of 2 Policy Expiration Date: 04/23/21 79 4 / 2. (e) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Section G Liability and Medical Expenses Definitions, Paragraph 15 f. (2) or f. (3) of the definition of "mobile equipment"; or (f) An aircraft (other than unmanned aircraft) that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. The following is added to Section B. EXCLUSIONS Paragraph p., Personal and Advertising Injury: Unmanned Aircraft - Personal and Advertising Injury Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal and advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a) Infringement, in your "advertisement", of: (i) Copyright; (ii) Slogan; or (iii) Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". B. The following changes apply to Section G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1. The following definition is added: "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Form SS 42 06 0317 80 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBERFLEX COVERAGE This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This endorsement modifies coverage under the Business Liability Coverage Form for your web site or internet related activities. A. Exclusion 1.p. "Personal and Advertising Injury" (Section B. - EXCLUSIONS) is modified as follows: 1. Paragraphs (4), (5) and (7) are deleted and replaced by the following: (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement" or on "your web site"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement" or on "your web site"; (7) (a) Arising out of any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity; or (b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you or any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". 2. Paragraph (9) does not apply. 3. Subparagraphs (a), (b) and (c) of Paragraph (12) do not apply. B. Section G. - LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended as follows: 1. Paragraph b. of definition 1. "advertisement" is deleted and replaced by: "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: b. The Internet; 2. Paragraphs f. and g. of the definition of "personal and advertising injury" are deleted and replaced by the following: "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: f. Copying, in your "advertisement" or on "your web site", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement" or on "your web site"; or 3. The following is added to the definition of "personal and advertising injury": As used in this definition, oral, written or electronic publication includes publication of material in your care, custody or control by someone not authorized to access or distribute that material. 4. The following definition is added: "Your web site" means a web page or set of interconnected web pages prepared and maintained by you, or by others on your behalf, for the purposes of promoting your goods or services, that is accessible over a computer network. Form SS 40 26 0317 Page 1 of 1 © 2017, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - DEFINITION OF INSURED CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Paragraph f. of the definition of "insured contract" in the Liability And Medical Expenses Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) 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 (1) above and supervisory, inspection, architectural or engineering activities. Form SS 4163 0611 Page 1 of 1 O 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 82 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NUCLEAR ENERGY LIABILITY 1. This insurance does not apply: a. To any injury or damage: (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (a) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Under any Medical Payments or Medical Expenses Coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. To any injury or damage resulting from the "hazardous properties" of "nuclear material"; if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) The injury or damage arises out of the furnishing by any insured of any "technology services" in connection with the planning, construction, maintenance, operation or use of any "nuclear facility"; or (4) The injury or damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility"; but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (4) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this exclusion: a. "Byproduct material", "source material" and "special nuclear material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. b. "Computer system and network" means: (1) Leased or owned computer hardware including mobile, networked, and data storage computing equipment; (2) Owned or licensed software; (3) Owned websites; (4) Leased or owned wireless input and output devices; and (5) Electronic backup facilities and data storage repositories employed in conjunction with items 1 through 4 above. c. "Hazardous properties" include radioactive, toxic or explosive properties. d. "Nuclear facility" means: (1) Any "nuclear reactor"; (2) Any equipment or device designed or used for: (a) Separating the isotopes of uranium or plutonium; (b) Processing or utilizing "spent fuel"; or (c) Handling, processing or packaging "waste", Form SS 05 47 0915 Page 1 of 2 © 2015, The Hartford L 1. (3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. e. "Nuclear material" means "byproduct material", "source material" or "special nuclear material". f. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. g. Injury or damage and "property damage" include all forms of radioactive contamination of property. h. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". i. "Technology services" means: 1. the following services performed for others: a. Consulting, analysis, design, installation, training, maintenance, support and repair of or on: software, wireless applications, firmware, shareware, networks, systems, hardware, devices or components; b. Integration of systems; c. Processing of, management of, mining or warehousing of data; d. Administration, management, operation or hosting of: another party's systems, technology or computer facilities; e. Website development; website hosting; f. Internet access services; intranet, extranet or electronic information connectivity services; software application connectivity services; g. Manufacture, sale, licensing, distribution, or marketing of: software, wireless applications, firmware, shareware, networks, systems, hardware, devices or components; h. Design and development of. code, software or programming; I. Providing software application: services, rental or leasing; j. Screening, selection, recruitment or placement of candidates for temporary or permanent employment by others as information technology professionals; k. "Telecommunication services"; and I. "Telecommunication products". 2. web -related software and connectivity services performed for others; and 3. activities on the "named insured's" to system and network". Page 2 of 2 Form SS 05 47 0915 84 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FUNGI, BACTERIA AND VIRUSES This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance does not apply to: 1. Injury or damage arising out of or related to the presence of, suspected presence of, or exposure to: a. Fungi, including but not limited to mold, mildew, and yeast; b. Bacteria; c. Viruses; or d. Dust, spores, odors, particulates or byproducts, including but not limited to mycotoxins and endotoxins, resulting from any of the organisms listed in a., b., or c. above; from any source whatsoever. 2. Any loss, cost or expense arising out of the testing for, monitoring of, cleaning up of, removal of, containment of, treatment of, detoxification of, neutralization of, remediation of, disposal of, or any other response to or assessment of, the effects of any of the items in 1.a., b., c. or d. above, from any source whatsoever. However, this exclusion does not apply to "bodily injury" or "property damage" caused by the ingestion of food. Form SS 50 57 04 05 © 2005, The Hartford Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROPERTY COVERAGE FORM STANDARD PROPERTY COVERAGE FORM UMBRELLA LIABILTY PROVISIONS A Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses, as indicated in the table below that exceeds the applicable insurer deductible: Calendar Year Federal Share of Terrorism Losses 2015 85% 2016 84% 2017 83% 2018 82% 2019 81% 2020 or later 80% However, if aggregate industry insured losses, attributable to "certified acts of terrorism" under the federal Terrorism Risk Insurance Act, as amended (TRIA), exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. B. Cap On Insurer Liability for Terrorism Losses A "certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of federal Terrorism Risk Insurance Act, to be an act of terrorism under TRIA. The criteria contained in TRIA for a "certified act of terrorism" include the following: 1. The act results in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to TRIA; and Form SS 50 19 01 15 2. The act results in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission; and 3. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate industry insured losses attributable to "certified acts of terrorism" under TRIA exceed $100 billion in a calendar year, and we have met, or will meet, our insurer deductible under TRIA, we shall not be liable for the payment of any portion of the amount of such losses that exceed $100 billion. In such case, your coverage for terrorism losses may be reduced on a pro-rata basis in accordance with procedures established by the Treasury, based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury's procedures, amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. C. Application Of Exclusions The terms and limitations of any terrorism exclusion, the inapplicability or omission of a terrorism exclusion, or the inclusion of terrorism coverage, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form or Policy, such as losses excluded by the Pollution Exclusion, Nuclear Hazard Exclusion and the War And Military Action Exclusion. Page 1 of 1 © 2015, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission) 86 POLICY NUMBER: 21 SBM BW2 6 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION LOCATION 001 BUILDING 001 THE CITY OF SOUTH MIAMI 6130 SUNSET DRIVE MIAMI FL 33143 Form IH 12 00 11 85 T SEQ. NO. 0 01 Printed in U.S.A. Page 0 01 Process Date: 0 2/ 2 4/ 2 0 Expiration Date: 0 4/ 2 3/ 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAGE AND HOUR CLAIMS EXPENSES - EMPLOYMENT PRACTICES LIABILITY This endorsement modifies insurance provided under the following: EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM Exclusion B. in SECTION III - EXCLUSIONS is 1. SECTION VI11.1.2. of this Coverage deleted and replaced by the following: Part notwithstanding, 100% of the "loss" i B. We shall not payn connection with any "insured's" "claims expenses" "claim" based upon, arising from, or in any way covered pursuant to this sub - related to: paragraph b. shall be allocated to covered "loss" until the Wage and I. any claims for unpaid wages (including Hour Defense Costs Sub -Limit is overtime pay), workers' compensation exhausted. Once the Wage and benefits, unemployment compensation, Hour Defense Costs Sub -Limit isexhausted, disability benefits, or social security benefits; allocation shall continue 2. any actual or alleged violation of the Worker in accordance with SECTION Adjustment and Retraining Notification Act, the VI11.1.2.; National Labor Relations Act, the 2. the Wage and Hour Defense Costs Occupational Safety and Health Act, the Sub -Limit is available notwithstanding Consolidated Omnibus Budget Reconciliation the fact that a "wage and hour Act of 1985, "ERISA", or any similar law; or violation" is not an "employment 3. any "wage and hour violation". practices wrongful act"; and Provided, however, that this Exclusion B. shall 3. the Wage and Hour Defense Costs not apply to that portion of "loss" that represents: Sub -Limit is only available for "claim a. a specific amount the "insureds" expenses" incurred to defend a "wage become legally obligated to pay solely and hour violation" that occurred on or for a "wrongful act" of "retaliation"; or after the "retroactive date" and before b. "Claims expenses" incurred to defend a 'Wage the end of the "policy period", regardless of whether any such and hour violation" referenced in claim for a "wage and hour violation sub -paragraph 3. above subject to a is made during the "policy period" or Sub -Limit of Liability of $ o o i o 0 0 o that the Extended Reporting Period, if is part of, and not in addition to, the applicable. Limits of Liability applicable to this Coverage Part (the Wage and Hour All other terms and conditions of this Coverage Defense Costs Sub -Limit). Moreover: Part remain unchanged. Form SS 09 67 0914 Page 1 of 1 © 2014, The Hartford EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM (CLAIMS MADE) Form SS 09 01 1214 © 2014, The Hartford 89 t 4 QUICK REFERENCE EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM (CLAIMS MADE) READ YOUR POLICY CAREFULLY SECTION I: INSURING AGREEMENT SECTION II: DEFINITIONS SECTION III: EXCLUSIONS SECTION IV: DISCOVERY CLAUSE SECTION V: EXTENDED REPORTING PERIOD Beginning on Page 1 1 5 6 6 SECTION VI: COVERAGE TERRITORY 6 :SECTION VII: LIMITS OF LIABILITY AND DEDUCTIBLE 6 SECTION VIII: DUTIES IN THE EVENT OF CLAIM; DEFENSE 7 AND SETTLEMENT SECTION IX: CONDITIONS 9 Form SS 09 01 1214 90 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM (CLAIMS MADE) NOTICE: COVERAGE PROVIDED BY THIS COVERAGE PART IS CLAIMS MADE COVERAGE. EXCEPT AS OTHERWISE SPECIFIED HEREIN: COVERAGE APPLIES ONLY TO A CLAIM FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD AND WHICH HAS BEEN REPORTED TO US IN ACCORDANCE WITH THE APPLICABLE NOTICE PROVISIONS. COVERAGE IS SUBJECT TO THE INSURED'S PAYMENT OF THE APPLICABLE DEDUCTIBLE. PAYMENTS OF CLAIM EXPENSES ARE SUBJECT TO, AND REDUCE, THE AVAILABLE LIMITS OF LIABILITY. PLEASE READ THE COVERAGE PART CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. UPON TERMINATION OF THIS COVERAGE PART, EXTENDED REPORTING PERIOD COVERAGE IS AVAILABLE. Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this Coverage Part the words you and your refer to the "Named Insured" in the Declarations. The words we, us and our refer to the stock insurance company member of THE HARTFORD shown on the Declarations Page. Words and phrases that appear in quotation marks are defined in SECTION II - DEFINITIONS of this Coverage Part. In consideration of, and subject to, the payment of the premium by you and in reliance upon the accuracy and completeness of the "application", including but not limited to the statements, attachments and exhibits contained in and submitted with the "application", we agree with you, subject to all terms, exclusions and conditions of this Coverage Part, as follows: SECTION I - INSURING AGREEMENT Employment Practices Liability We shall pay "loss" on behalf of the "insureds" resulting from an "employment practices claim" first made against the "Insureds" during the "policy period" or Extended Reporting Period, if applicable, for an "employment practices wrongful act" by the "insureds". SECTION II - DEFINITIONS A. "Application" means the application for this Coverage Part, including any materials or information submitted therewith or made available to us during the underwriting process, which application shall be on file with us. Such "application" shall be deemed a part of this Coverage Part and attached hereto. In addition, "application" includes any warranty, representation or other statement provided to us within the past three years in connection with any policy or coverage part of which this Coverage Part is a renewal or replacement. B. "Benefits" means perquisites, fringe benefits, deferred compensation, severance pay and any other form of compensation (other than salaries, wages, or bonuses as a component of a front or back pay award). C. "Claim" means any "employment practices claim". D. "Claims expenses" means: 1. reasonable and necessary legal fees and expenses, including, but not limited to, e- discovery expenses, incurred in the defense or appeal of a "claim"; 2. "Extradition costs"; or 3. the costs of appeal, attachment or similar bonds, provided that we shall have no obligation to furnish such bonds. However, "claim expenses" shall not include: a. salaries, wages, remuneration, overhead or benefit expenses associated with any "insureds"; b. any fees, expenses or costs which are incurred by or on behalf of a party which is not a covered "insured"; or c. any fees, expenses or costs which were incurred prior to the date on Form SS 09 01 12 14 Page 1 of 11 © 2014, The Hartford 91 which we received written notice of the "claim" from the "insured". E. "Controlled partnership" means a limited partnership in which and so long as the "named insured" owns or controls, directly or indirectly, more than 50% of the limited partnership interest and an "insured entity" is the sole general partner. F. "Damages" means the amounts, other than "claim expenses", that the "insureds" are legally liable to pay solely as a result of a "claim" covered by this Coverage Part, including: 1. compensatory damages, including front pay and back pay; 2. settlement amounts; 3. pre- and postjudgment interest; 4. costs awarded pursuant to judgments; 5. punitive and exemplary damages; 6. the multiple portion of any multiplied damage award; or 7. liquidated damages under the Age Discrimination in Employment Act and the Family and Medical Leave Act. However, "damages" shall not include: a. taxes, fines or penalties imposed by law; b. non -monetary relief; c. "Benefits"; d. future compensation for any person hired, promoted, or reinstated pursuant to a judgment, settlement, order or other resolution of a "claim'; e. "Stock benefits"; f. costs associated with providing any accommodations required by the Americans with Disabilities Act or any similar law; or g. any other matters uninsurable pursuant to any applicable law; provided, however, that with respect to punitive and exemplary damages, or the multiple portion of any multiplied damage award, the insurability of such damages shall be governed by the internal laws of any applicable jurisdiction that most favors coverage of such damages. G. "Debtor in possession" means a "debtor in possession" as such term is defined in Chapter 11 of the United States Bankruptcy Code as well as any equivalent status under any similar law. EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM H. "Domestic partner" means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state or local law or any domestic partner relationship arrangement recognized outside of the United States and under the Human Resource policy of the "insured entity". I. "Employee" means any natural person who was, is or shall become a(n): 1. employee of an "insured entity" including any part time, seasonal, temporary, leased, or loaned employee; or 2. volunteer or intern with an "insured entity". J. "Employee data privacy wrongful act" means: 1. the failure to prevent any unauthorized access to or use of data containing "Private Employment Information" of any "Employee" or applicant for employment with the "Insured Entity' including any such failure that directly results in a violation with respect to the privacy of such "Employee's" or applicant's medical information under the Health Insurance Portability and Accountability Act (HIPAA) or credit information under the Fair Credit Reporting Act (FCRA); or 2. the failure to notify any "employee" or applicant for employment with the "insured entity" of any actual or potential unauthorized access to or use of "private employment information" of any "employee" or applicant for employment with the "insured entity", if such notice was required by state or federal regulation or statute. K. "Employment practices claim" means any: 1. written demand for monetary damages or other civil non -monetary relief commenced by the receipt of such demand, including, without limitation, a written demand for employment reinstatement; 2. civil proceeding, including an arbitration or other alternative dispute resolution proceeding, commenced by the service of a complaint, filing of a demand for arbitration, or similar pleading; or 3. formal administrative or regulatory proceeding, including, without limitation, a proceeding before the Equal Employment Opportunity Commission or similar governmental agency, commenced by the tiling of a notice of charges, formal investigative order or similar document; by or on behalf of an "employee", an applicant for employment with an "insured entity", or an "independent contractor". Page 2 of 11 Form SS 09 01 12 14 92 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM "Employment practices claim" also means the receipt of a notice of violation, order to show cause, or a written demand for monetary or injunctive relief that is the result of an audit conducted by the United States Office of Federal Contract Compliance Programs. "Employment practices claim" also means a written request to the "insureds" to toll or waive a statute of limitations regarding a potential "Employment practices claim" as described above. Such "claim" shall be commenced by the receipt of such request. However, "employment practices claim" shall not include any labor or grievance proceeding or arbitration that is subject to a collective bargaining agreement. L. "Employment practices wrongful act" means: 1. wrongful dismissal, discharge, or termination of employment (including constructive dismissal, discharge, or termination), wrongful failure or refusal to employ or promote, wrongful discipline or demotion, failure to grant tenure, negligent employment evaluation, or wrongful deprivation of career opportunity, 2. sexual or other workplace harassment, including bullying in the workplace, quid pro quo and hostile work environment; 3. employment discrimination, including discrimination based upon age, gender, race, color, creed, marital status, sexual orientation or preference, gender identity or expression, genetic makeup, or refusal to submit to genetic makeup testing, pregnancy, disability, HIV or other health status, Vietnam Era Veteran or other military status, or other protected status established under federal, state, or local law; 4. "Retaliation"; 5. breach of any oral, written, or implied employment contract, including, without limitation, any obligation arising from a personnel manual, employee handbook, or policy statement; or 6. violation of the Family and Medical Leave Act. "Employment practices wrongful act" also means the following, but only when alleged in addition to or as part of any "employment practices wrongful act" described above: a. employment -related wrongful infliction of mental anguish or emotional distress; b. failure to create, provide for or enforce adequate or consistent employment - related policies and procedures; c. negligent retention, supervision, hiring or training; d. employment -related invasion of privacy, defamation, or misrepresentation; or e. an "employee data privacy wrongful act". M. "ERISA" means the Employee Retirement Income Security Act of 1974. N. "Extradition costs" means reasonable and necessary fees and expenses directly resulting from a "claim" in which an "insured person" lawfully opposes, challenges, resists or defends against any request for the extradition of such "insured person" from his or her current country of employ and domicile to any other country for trial or otherwise to answer any criminal accusation, including the appeal of any order or other grant of extradition of such "insured person". O. "Financial insolvency" means the status of an "insured entity" as a result of: 1. the appointment of any conservator, liquidator, receiver, rehabilitator, trustee, or similar official to control, supervise, manage or liquidate such "insured entity"; or 2. such "insured entity" becoming a "debtor in possession". P. "Independent contractor" means any natural person working in the capacity of an independent contractor pursuant to an "independent contractor agreement". Q. "Independent contractor agreement" means any express contract or agreement between an "independent contractor" and an "insured entity" specifying the terms of the "insured entity's" engagement of such independent contractor". R. "Insured entity" means: 1. the "named insured"; or 2. any "subsidiary". "Insured entity" shall include any such entity as a "debtor in possession". "Insured entity" shall also include any such entity in its capacity as a general partner of a "controlled partnership". S. "Insured person" means any: 1. "Employee"; 2. "Manager"; or Form SS 09 01 12 14 Page 3 of 11 93 SECTION IV - DISCOVERY CLAUSE If, during the "policy period", the "insureds" become aware of a "wrongful act" that may reasonably be expected to give rise to a "claim", and, if written notice of such "wrongful act" is given to us during the "policy period", including the reasons for anticipating such a "claim", the nature and date of the "wrongful act", the identity of the "insureds" allegedly involved, the alleged injuries or damages sustained, the names of potential claimants, and the manner in which the "insureds" first became aware of the "wrongful act", then any "claim" subsequently arising from such "wrongful act" shall be deemed to be a "claim" first made during the "policy period" on the date that we receive the above notice. SECTION V - EXTENDED REPORTING PERIOD Subject to provisions A. through G. below, if this Coverage Part is canceled or non -renewed other than for non-payment of premium, you shall have the right to purchase an extended period to report "claims" under this Coverage Part for any "claim" first made during the period of time set forth in the Supplemental Extended Reporting Period Endorsement, and following the effective date of such cancellation or nonrenewal and reported in writing during such period or within sixty (60) days thereafter, but only with respect to any "wrongful act" which takes place prior to the effective date of such cancellation or nonrenewal. A. The Extended Reporting Period shall be effective only upon the payment of an additional premium. The additional premium will be 200% of the annual advance premium for this coverage. At the commencement of the Extended Reporting Period, the entire premium thereof shall be deemed fully earned and non-refundable. B. The quotation of a different premium or deductible or limit of liability for renewal is not a cancellation or refusal to renew for the purposes of this provision. C. You shall have no right to purchase the Extended Reporting Period, unless you have satisfied all conditions of the Coverage Part, and all premiums and deductibles outstanding have been paid. D. Your right to purchase the Extended Reporting Period shall terminate unless written notice together with full payment of the premium for the Extended Reporting Period is given to us no later than sixty (60) days following the effective date of cancellation or nonrenewal. E. The fact that the period of time to report "claims" is extended by virtue of the Extended Reporting Period shall not increase or reinstate the Limit of Liability stated in the Declarations. EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM F. Extended Reporting Periods do not extend the "policy period" or change the scope of coverage provided. They apply only to "wrongful acts" that occur before the end of the "policy period". "Claims" for such injury which are first received within sixty (60) days after the "policy period", or during the Extended Reporting Period if in effect, will be deemed to have been made on the last date of the "policy period". G. Once in effect, Extended Reporting Periods may not be canceled by us. SECTION VI -COVERAGE TERRITORY Coverage under this Coverage Part applies worldwide, provided that the "claim" is made and any legal action is pursued within the Unites States, its territories, possessions or commonwealths, or Canada. SECTION VII - LIMITS OF LIABILITY AND DEDUCTIBLE A. The maximum we will pay for each "claim" under this Coverage Part is the Each Claim Limit of Liability stated in the Declarations, subject to the Annual Aggregate Limit of Liability stated in the Declarations. The maximum we will pay for all "claims" under this Coverage Part is the Annual Aggregate Limit of Liability stated in the Declarations, regardless of the number of "claims". If the applicable Limit of Liability for this Coverage Part is exhausted, the premium for this Coverage Part shall be deemed fully earned. "Claim expenses" shall be part of, and not in addition to, the Limits of Liability. Payment of "claim expenses" by us shall reduce each Limit of Liability. B. We shall pay "loss" in excess of the Deductible applicable to each "claim" as specified on the Declarations. C. All Deductibles shall be borne by the "insureds" at their own risk; they shall not be insured. D. The Deductible- shall apply to "claim expenses" covered hereunder. If, any "claim expenses" are incurred by us prior to the "insured's" complete payment of the Deductible, then the "insureds" shall reimburse us therefor upon our request. E. No Deductible shall apply to "loss" incurred by any "insured person" that an "insured entity" is not permitted by common or statutory law to indemnify, or is permitted or required to indemnify, but is not able to do so by reason of "financial insolvency". Page 6 of 11 Form SS 09 01 12 14 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBERFLEX COVERAGE This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This endorsement modifies coverage under the Business Liability Coverage Form for your web site or internet related activities. A. Exclusion 1.p. "Personal and Advertising Injury" (Section B. - EXCLUSIONS) is modified as follows: 1. Paragraphs (4), (5) and (7) are deleted and replaced by the following: (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement" or on "your web site"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement" or on "your web site"; (7) (a) Arising out of any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity; or (b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you or any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". 2. Paragraph (9) does not apply. 3. Subparagraphs (a), (b) and (c) of Paragraph (12) do not apply. B. Section G. - LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended as follows: 1. Paragraph b. of definition 1. "advertisement" is deleted and replaced by. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: b. The Internet; 2. Paragraphs f. and g. of the definition of "personal and advertising injury" are deleted and replaced by the following: "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: f. Copying, in your "advertisement" or on "your web site", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement" or on "your web site"; or 3. The following is added to the definition of "personal and advertising injury": As used in this definition, oral, written or electronic publication includes publication of material in your care, custody or control by someone not authorized to access or distribute that material. 4. The following definition is added: "Your web site" means a web page or set of interconnected web pages prepared and maintained by you, or by others on your behalf, for the purposes of promoting your goods or services, that is accessible over a computer network. Form SS 40 26 0317 Page 1 of 1 © 2017, The Hartford 81 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - DEFINITION OF INSURED CONTRACT This endorsement modifies insurance provided under the- following: BUSINESS LIABILITY COVERAGE FORM Paragraph f. of the definition of "insured contract" in the Liability And Medical Expenses Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) 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 (1) above and supervisory, inspection, architectural or engineering activities. Form SS 4163 0611 Page 1 of 1 O 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 82 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NUCLEAR ENERGY LIABILITY 1. This insurance does not apply: a. To any injury or damage: (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (a) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Under any Medical Payments or Medical Expenses Coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. To any injury or damage resulting from the "hazardous properties" of "nuclear material"; if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (b) Has been discharged or dispersed therefrom; (3) The injury or damage arises out of the furnishing by any insured of any "technology services" in connection with the planning, construction, maintenance, operation or use of any "nuclear facility"; or (4) The injury or damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility"; but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (4) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this exclusion: a. "Byproduct material", "source material" and "special nuclear material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. b. "Computer system and network" means: (1) Leased or owned computer hardware including mobile, networked, and data storage computing equipment; (2) Owned or licensed software; (3) Owned websites; (4) Leased or owned wireless input and output devices; and (5) Electronic backup facilities and data storage repositories employed in conjunction with items 1 through 4 above. c. "Hazardous properties" include radioactive, toxic or explosive properties. d. "Nuclear facility" means: (1) Any "nuclear reactor"; (2) Any equipment or device designed or used for: (2) The "nuclear material" is contained in "spent (a) Separating the isotopes of uranium or fuel" or "waste" at any time possessed, plutonium; handled, used, processed, stored, (b) Processing or utilizing "spent fuel"; or transported or disposed of by or on behalf of an insured; or (c) Handling, processing or packaging 'Waste", Form SS 05 47 0915 Page 1 of 2 © 2015, The Hartford 83 L k (3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. e. "Nuclear material" means "byproduct material", "source material" or "special nuclear material". f. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. g. Injury or damage and "property damage" include all forms of radioactive contamination of property. h. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". I. "Technology services" means: 1. the following services performed for others: a. Consulting, analysis, design, installation, training, maintenance, support and repair of or on: software, wireless applications, firmware, shareware, networks, systems, hardware, devices or components; b. Integration of systems; c. Processing of, management of, mining or warehousing of data; d. Administration, management, operation or hosting of: another party's systems, technology or computer facilities; e. Website development; website hosting; f. Internet access services; intranet, extranet or electronic information connectivity services; software application connectivity services; g. Manufacture, sale, licensing, distribution, or marketing of: software, wireless applications, firmware, shareware, networks, systems, hardware, devices or components; h. Design and development of: code, software or programming; i. Providing software application: services, rental or leasing; j. Screening, selection, recruitment or placement of candidates for temporary or permanent employment by others as information technology professionals; k. "Telecommunication services"; and I. "Telecommunication products". 2. web -related software and connectivity services performed for others; and 3. activities on the "named insured's" "computer system and network". Page 2 of 2 Form SS 05 47 0915 84 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FUNGI, BACTERIA AND VIRUSES This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance does not apply to: 1. Injury or damage arising out of or related to the presence of, suspected presence of, or exposure to: a. Fungi, including but not limited to mold, mildew, and yeast; b. Bacteria; c. Viruses; or d. Dust, spores, odors, particulates or byproducts, including but not limited to mycotoxins and endotoxins, resulting from any of the organisms listed in a., b., or c. above; from any source whatsoever. 2. Any loss, cost or expense arising out of the testing for, monitoring of, cleaning up of, removal of, containment of, treatment of, detoxification of, neutralization of, remediation of, disposal of, or any other response to or assessment of, the effects of any of the items in 1.a., b., c. or d. above, from any source whatsoever. However, this exclusion does not apply to "bodily injury" or "property damage" caused by the ingestion of food. Form SS 50 57 04 05 © 2005, The Hartford Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Tlh is endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROPERTY COVERAGE FORM STANDARD PROPERTY COVERAGE FORM UMBRELLA LIABILTY PROVISIONS A. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses, as indicated in the table below that exceeds the applicable insurer deductible: Calendar Year Federal Share of Terrorism Losses 2015 85% 2016 84% 2017 83% 2018 82% 2019 81 % 2020 or later 80% However, if aggregate industry insured losses, attributable to "certified acts of terrorism" under the federal Terrorism Risk Insurance Act, as amended (TRIA), exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. B. Cap On Insurer Liability for Terrorism Losses A "certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of federal Terrorism Risk Insurance Act, to be an act of terrorism under TRIA. The criteria contained in TRIA for a "certified act of terrorism" include the following: 1. The act results in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to TRIA; and Form SS 5019 01 15 2. The act results in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission; and 3. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate industry insured losses attributable to "certified acts of terrorism" under TRIA exceed $100 billion in a calendar year, and we have met, or will meet, our insurer deductible under TRIA, we shall not be liable for the payment of any portion of the amount of such losses that exceed $100 billion. In such case, your coverage for terrorism losses may be reduced on a pro-rata basis in accordance with procedures established by the Treasury, based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury's procedures, amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. C. Application Of Exclusions The terms and limitations of any terrorism exclusion, the inapplicability or omission of a terrorism exclusion, or the inclusion of terrorism coverage, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form or Policy, such as losses excluded by the Pollution Exclusion, Nuclear Hazard Exclusion and the War And Military Action Exclusion. Page 1 of 1 © 2015, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission) 86 POLICY NUMBER: 21 SBM EW2696 Fi I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION LOCATION 001 BUILDING 001 THE CITY OF SOUTH MIAMI 6130 SUNSET DRIVE MIAMI FL 33143 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 0 2/ 2 4/ 2 0 Expi ration Date: 0 4/ 2 3/ 21 E:YA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAGE AND HOUR CLAIMS EXPENSES - EMPLOYMENT PRACTICES LIABILITY Thrs endorsement modifies insurance provided under the following: EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM Exclusion B. in SECTION III - EXCLUSIONS is 1. SECTION VIII.1.2. of this Coverage deleted and replaced by the following: Part notwithstanding, 100% of the B. We shall not pay "loss" in connection with any "insured's" "claims expenses" "claim" based upon, arising from, or in any way covered pursuant to this sub - related to: paragraph b. shall be allocated to covered "loss" until the Wage and 1. any claims for unpaid wages (including Hour Defense Costs Sub -Limit is overtime pay), workers' compensation exhausted. Once the Wage andHour benefits, unemployment compensation, Defense Costs Sub -Limit is disability benefits, or social security benefits; exhausted, allocation shall continue 2. any actual or alleged violation of the Worker in accordance with SECTION Adjustment and Retraining Notification Act, the VIII.1.2.; National Labor Relations Act, the 2. the Wage and Hour Defense Costs Occupational Safety and Health Act, the Sub -Limit is available notwithstanding Consolidated Omnibus Budget Reconciliation the fact that a "wage and hour Act of 1985, "ERISA", or any similar law, or violation" is not an "employment 3. any "wage and hour violation". practices wrongful act"; and Provided, however, that this Exclusion B. shall 3. the Wage and Hour Defense Costs not apply to that portion of "loss" that represents: Sub -Limit is only available for "claim a. a specific amount the "insureds" expenses" incurred to defend a "wage become legally obligated to pay solely and hour violation" that occurred on or for a "wrongful act" of "retaliation"; or after the "retroactive date" and before the end of the "policy period", b. "Claims expenses" incurred to defend a regardless of whether any such "wage and hour violation" referenced in claim for a `wage and hour violation sub -paragraph 3. above subject to a is made during the "policy period" or Sub -Limit of Liability of $ o o i o 0 0 o that the Extended Reporting Period, if is part of, and not in addition to, the applicable. Limits of Liability applicable to this Coverage Part (the Wage and Hour All other terms and conditions of this Coverage Defense Costs Sub -Limit). Moreover: Part remain unchanged. Form SS 09 67 09 14 Page 1 of 1 O 2014, The Hartford E:1:3 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM (CLAIMS MADE) Form SS 09 01 12 14 © 2014, The Hartford 89 QUICK REFERENCE EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM (CLAIMS MADE) READ YOUR POLICY CAREFULLY Beginning on Page SECTION I: INSURING AGREEMENT 1 SECTION II: DEFINITIONS 1 SECTION III: EXCLUSIONS 5 SECTION IV: DISCOVERY CLAUSE 6 SECTION V: EXTENDED REPORTING PERIOD 6 SECTION VI: COVERAGE TERRITORY 6 SECTION VII: LIMITS OF LIABILITY AND DEDUCTIBLE 6 SECTION VIII: DUTIES IN THE EVENT OF CLAIM; DEFENSE 7 AND SETTLEMENT SECTION IX: CONDITIONS 9 Form SS 09 01 12 14 90 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM it EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM (CLAIMS MADE) NOTICE: COVERAGE PROVIDED BY THIS COVERAGE PART IS CLAIMS MADE COVERAGE. EXCEPT AS OTHERWISE SPECIFIED HEREIN: COVERAGE APPLIES ONLY TO A CLAIM FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD AND WHICH HAS BEEN REPORTED TO US IN ACCORDANCE WITH THE APPLICABLE NOTICE PROVISIONS. COVERAGE IS SUBJECT TO THE INSURED'S PAYMENT OF THE APPLICABLE DEDUCTIBLE. PAYMENTS OF CLAIM EXPENSES ARE SUBJECT TO, AND REDUCE, THE AVAILABLE LIMITS OF LIABILITY. PLEASE READ THE COVERAGE PART CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. UPON TERMINATION OF THIS COVERAGE PART, EXTENDED REPORTING PERIOD COVERAGE IS AVAILABLE. Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this Coverage Part the words you and your refer to the "Named Insured" in the Declarations. The words we, us and our refer to the stock insurance company member of THE HARTFORD shown on the Declarations Page. Words and phrases that appear in quotation marks are defined in SECTION II - DEFINITIONS of this Coverage Part. In consideration of, and subject to, the payment of the premium by you and in reliance upon the accuracy and completeness of the "application", including but not limited to the statements, attachments and exhibits contained in and submitted with the "application", we agree with you, subject to all terms, exclusions and conditions of this Coverage Part, as follows: SECTION 1- INSURING AGREEMENT Employment Practices Liability We shall pay "loss" on behalf of the "insureds" resulting from an "employment practices claim" first made against the "Insureds" during the "policy period" or Extended Reporting Period, if applicable, for an "employment practices wrongful act" by the "insureds". SECTION II - DEFINITIONS A. "Application" means the application for this Coverage Part, including any materials or information submitted therewith or made available to us during the underwriting process, which application shall be on file with us. Such "application" shall be deemed a part of this Coverage Part and attached hereto. In addition, "application" includes any warranty, representation or other statement provided to us within the past three years in connection with any policy or coverage part of which this Coverage Part is a renewal or replacement. B. "Benefits" means perquisites, fringe benefits, deferred compensation, severance pay and any other form of compensation (other than salaries, wages, or bonuses as a component of a front or back pay award). C. "Claim" means any "employment practices claim". D. "Claims expenses" means: 1. reasonable and necessary legal fees and expenses, including, but not limited to, e- discovery expenses, incurred in the defense or appeal of a "claim`; 2. "Extradition costs"; or 3. the costs of appeal, attachment or similar bonds, provided that we shall have no obligation to furnish such bonds. However, "claim expenses" shall not include: a. salaries, wages, remuneration, overhead or benefit expenses associated with any "insureds"; b. any fees, expenses or costs which are incurred by or on behalf of a party which is not a covered "insured"; or c. any fees, expenses or costs which were incurred prior to the date on Form SS 09 01 12 14 Page 1 of 11 © 2014, The Hartford 91 which we received written notice of the "claim" from the "insured". E. "Controlled partnership" means a limited partnership in which and so long as the "named insured" owns or controls, directly or indirectly, more than 50% of the limited partnership interest and an "insured entity" is the sole general partner. F. "Damages" means the amounts, other than "claim expenses", that the "insureds" are legally liable to pay solely as a result of a "claim" covered by this Coverage Part, including: 1. compensatory damages, including front pay and back pay; 2. settlement amounts; 3. pre- and postJudgment interest; 4. costs awarded pursuant to judgments; 5. punitive and exemplary damages; 6. the multiple portion of any multiplied damage award; or 7. liquidated damages under the Age Discrimination in Employment Act and the Family and Medical Leave Act. However, "damages" shall not include: a. taxes, fines or penalties imposed by law; b. non -monetary relief; c. "Benefits"; d. future compensation for any person hired, promoted, or reinstated pursuant to a judgment, settlement, order or other resolution of a "claim"; e. "Stock benefits"; f. costs associated with providing any accommodations required by the Americans with Disabilities Act or any similar law; or g. any other matters uninsurable pursuant to any applicable law; provided, however, that with respect to punitive and exemplary damages, or the multiple portion of any multiplied damage award, the insurability of such damages shall be governed by the internal laws of any applicable jurisdiction that most favors coverage of such damages. G. "Debtor in possession" means a "debtor in possession" as such term is defined in Chapter 11 of the United States Bankruptcy Code as well as any equivalent status under any similar law. EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM H. "Domestic partner" means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state or local law or any domestic partner relationship arrangement recognized outside of the United States and under the Human Resource policy of the "insured entity". I. "Employee" means any natural person who was, is or shall become a(n): 1. employee of an "insured entity" including any part time, seasonal, temporary, leased, or loaned employee; or 2. volunteer or intern with an "insured entity". J. "Employee data privacy wrongful act" means: 1. the failure to prevent any unauthorized access to or use of data containing "Private Employment Information" of any "Employee" or applicant for employment with the "Insured Entity" including any such failure that directly results in a violation with respect to the privacy of such "Employee's" or applicant's medical information under the Health Insurance Portability and Accountability Act (HIPAA) or credit information under the Fair Credit Reporting Act (FCRA); or 2. the failure to notify any "employee" or applicant for employment with the "insured entity" of any actual or potential unauthorized access to or use of "private employment information" of any "employee" or applicant for employment with the "insured entity", if such notice was required by state or federal regulation or statute. K. "Employment practices claim" means any: 1. written demand for monetary damages or other civil non -monetary relief commenced by the receipt of such demand, including, without limitation, a written demand for employment reinstatement; 2. civil proceeding, including an arbitration or other alternative dispute resolution proceeding, commenced by the service of a complaint, filing of a demand for arbitration, or similar pleading; or 3. formal administrative or regulatory proceeding, including, without limitation, a proceeding before the Equal Employment Opportunity Commission or similar governmental agency, commenced by the filing of a notice of charges, formal investigative order or similar document; by or on behalf of an "employee", an applicant for employment with an "insured entity", or an "independent contractor". Page 2 of 11 Form SS 09 01 1214 92 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM "Employment practices claim" also means the receipt of a notice of violation, order to show cause, or a written demand for monetary or injunctive relief that is the result of an audit conducted by the United States Office of Federal Contract Compliance Programs. "Employment practices claim" also means a written request to the "insureds" to toll or waive a statute of limitations regarding a potential "Employment practices claim" as described above. Such "claim" shall be commenced by the receipt of such request. However, "employment practices claim" shall not include any labor or grievance proceeding or arbitration that is subject to a collective bargaining agreement. L. "Employment practices wrongful act" means: 1. wrongful dismissal, discharge, or termination of employment (including constructive dismissal, discharge, or termination), wrongful failure or refusal to employ or promote, wrongful discipline or demotion, failure to grant tenure, negligent employment evaluation, or wrongful deprivation of career opportunity; 2. sexual or other workplace harassment, including bullying in the workplace, quid pro quo and hostile work environment; 3. employment discrimination, including discrimination based upon age, gender, race, color, creed, marital status, sexual orientation or preference, gender identity or expression, genetic makeup, or refusal to submit to genetic makeup testing, pregnancy, disability, HIV or other health status, Vietnam Era Veteran or other military status, or other protected status established under federal, state, or local law; 4. "Retaliation"; 5. breach of any oral, written, or implied employment contract, including, without limitation, any obligation arising from a personnel manual, employee handbook, or policy statement; or 6. violation of the Family and Medical Leave Act. "Employment practices wrongful act" also means the following, but only when alleged in addition to or as part of any "employment practices wrongful act" described above: a. employment -related wrongful infliction of mental anguish or emotional distress; b. failure to create, provide for or enforce adequate or consistent employment - related policies and procedures; c. negligent retention, supervision, hiring or training; d. employment -related invasion of privacy, defamation, or misrepresentation; or e. an "employee data privacy wrongful act". M. "ERISA" means the Employee Retirement Income Security Act of 1974. N. "Extradition costs" means reasonable and necessary fees and expenses directly resulting from a "claim" in which an "insured person" lawfully opposes, challenges, resists or defends against any request for the extradition of such "insured person" from his or her current country of employ and domicile to any other country for trial or otherwise to answer any criminal accusation, including the appeal of any order or other grant of extradition of such "insured person". O. "Financial insolvency" means the status of an "insured entity" as a result of: 1. the appointment of any conservator, liquidator, receiver, rehabilitator, trustee, or similar official to control, supervise, manage or liquidate such "insured entity"; or 2. such "insured entity" becoming a "debtor in possession". P. "Independent contractor" means any natural person working in the capacity of an independent contractor pursuant to an "independent contractor agreement". Q. "Independent contractor agreement" means any express contract or agreement between an "independent contractor" and an "insured entity" specifying the terms of the "insured entity's" engagement of such independent contractor". R. "Insured entity" means: 1. the "named insured"; or 2. any "subsidiary". "Insured entity" shall include any such entity as a "debtor in possession". "Insured entity" shall also include any such entity in its capacity as a general partner of a "controlled partnership". S. "Insured person" means any: 1. "Employee"; 2. "Manager"; or Form SS 09 01 1214 Page 3 of 11 93 3. regarding the Employment Practices Liability Insuring Agreement, an "independent contractor" provided that within 30 days of an "employment practices claim" having been made against such "independent contractor" that the "insured entity" agrees in writing to indemnify such "independent contractor" for any "loss" arising out of such "claim". T. "Insureds" means any: 1. "Insured entity"; or 2. "Insured person". U. "Interrelated wrongful acts" means "wrongful acts" that have as a common nexus any fact, circumstance, situation, event, transaction, goal, motive, methodology, or cause or series of causally connected facts, circumstances, situations, events, transactions, goals, motives, methodologies or causes. V. "Loss" means "claim expenses" and "damages". W. "Manager" means any natural person who was, is or shall become a(n): 1. duly elected or appointed director, advisory director, board observer, advisory board member, officer, member of the board of managers or management committee member of an "insured entity"; 2. "Employee" in his/her capacity as legal counsel to an "insured entity"; or 3. executive of an "insured entity" created outside the United States to the extent that such executive holds a position equivalent to those described in 1. or 2. above. X. "Named insured" means the individuals, partnerships or corporations designated in the Declarations. Y. "Notice manager" means the natural persons in the offices of the chief executive officer, chief financial officer, general counsel, risk manager, human resources manager or any equivalent position to the foregoing, of an "Insured Entity". Z. "Policy period" means the period from the Effective Date to the Expiration Date set forth in the Declarations or any earlier cancellation date. AA. "Private employment information" means any information regarding an "employee" or applicant for employment with the "insured entity", which is collected or stored by an "insured" for the purposes of establishing, maintaining or terminating an employment relationship. EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM BB. "Retaliation" means adverse treatment of an "employee" or "independent contractor" based upon such person: 1. exercising any rights under law, including, without limitation, rights under any workers compensation laws, the Family and Medical Leave Act, "ERISA", or the Americans with Disabilities Act; 2. refusing to violate any law; 3. assisting, testifying, or cooperating with a proceeding or investigation regarding alleged violations of law by any "insured"; 4. disclosing or threatening to disclose alleged violations of law to a superior or to any governmental agency, or 5. filing any whistle blower claim against any "insured" under the federal False Claims Act, the Sarbanes-Oxley Act of 2002, or any similar law. CC. "Stock benefits" means any offering, plan or agreement between an "insured entity" and any "employee" that grants stock, stock options or stock appreciation rights in the "insured entity" to such person, including, without limitation, restricted stock or any other stock grant. "Stock benefits" shall not include employee stock ownership plans or employee stock purchase plans. DD. "Subsidiary" means any: 1. corporation in which and so long as the "named insured" owns or controls, directly or indirectly, more than 50% of the outstanding securities representing the right to vote for the election of the board of directors of such corporation; 2. limited liability company in which and so long as the "named insured" owns or controls, directly or indirectly, the right to elect, appoint or designate more than 50% of such entity's managing members; 3. a "controlled partnership"; 4. corporation operated as a joint venture in which and so long as the "named insured" owns or controls, directly or indirectly, exactly 50% of the issued and outstanding voting stock and which, pursuant to a written agreement with the owner(s) of the remaining issued and outstanding voting stock of such corporation, the "named insured" solely controls the management and operation of such corporation; or S. foundation, charitable trust or political action committee in which and so long as such entity or organization is controlled by the "named insured" or any "subsidiary" as defined in 1. through 4. above. Page 4 of 11 Form SS 09 01 1214 94 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM EE. "Wage and hour violation" means any actual or 4. in connection with any "claim" based upon, alleged violation of the duties and arising from, or in any way related to any responsibilities that are imposed upon an fact, circumstance, or situation that, before "insured" by any federal, state or local law or the Effective Date in the Declarations, was regulation anywhere in the world, including but the subject of any notice given under any not limited to the Fair Labor Standards Act or other employment practices liability policy, any similar law (except the Equal Pay Act), management liability policy or other which govern wage, hour and payroll practices. insurance policy which insures "wrongful Such practices include but are not limited to: acts" covered under this Coverage Part; 1. the calculation and payment of wages, 5. in connection with any "claim" based upon, overtime wages, minimum wages and arising from, or in any way related to the prevailing wage rates; liability of others assumed by an "insured" 2. the calculation and payments of benefits; under any contract or agreement; 3. the classification of any person or provided, however, this exclusion shall not organization for wage and hour purposes; apply to liability that would have been incurred in the absence of such contract or 4. reimbursing business expenses; agreement; 5. the use of child labor; or 6. garnishments, withholdings and other deductions from wages. FF. "Wrongful act" means any actual or alleged "employment practices wrongful act". SECTION III - EXCLUSIONS A. We shall not pay "Loss": 1. for bodily injury, sickness, disease, death, false arrest or imprisonment, abuse of process, malicious prosecution, trespass, nuisance or wrongful entry or eviction, or for injury to or destruction of any tangible property including loss of use or diminution of value thereof; provided, however, that this exclusion shall not apply to that portion of "loss" that directly results from mental anguish or emotional distress when alleged in connection with an otherwise covered "employment practices wrongful act"; 2. for any actual or alleged "wrongful act" by "insured persons" of any "subsidiary" in their capacities as such, or by any "subsidiary", if such "wrongful act" actually or allegedly occurred when such entity was not a "subsidiary"; 3. in connection with any "claim" based upon, arising from, or in any way related to any: a. prior or pending demand, suit, or proceeding against any "insured" as of, or b. audit initiated by the United States Office of Federal Contract Compliance Programs before, the effective date of the first Employment Practices Liability Coverage Part issued and continuously renewed by us, or the same or substantially similar fact, circumstance, or situation underlying or alleged in such demand, suit, proceeding, or audit; 6. for breach of any "independent contractor agreement"; or 7. for a lockout, strike, picket line, hiring of replacement workers or similar action in connection with any labor dispute, labor negotiation or collective bargaining agreement. B. We shall not pay "loss" in connection with any "claim" based upon, arising from, or in any way related to: 1. any claims for unpaid wages (including overtime pay), workers' compensation benefits, unemployment compensation, disability benefits, or social security benefits; 2. any actual or alleged violation of the Worker Adjustment and Retraining Notification Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, "ERISA", or any similar law; or 3. any "wage and hour Violation" Provided, however, that this exclusion B. shall not apply to that portion of "loss" that represents a specific amount the "insureds" become legally obligated to pay solely for a "wrongful act" of "retaliation". C. We shall not pay "loss" in connection with any "claim" based upon, arising from, or in any way related to liability incurred for breach of any oral, written, or implied employment contract; provided, however, that this exclusion shall not apply to liability that would have been incurred in the absence of such contract nor shall it apply to the portion of "loss" representing "claim expenses" incurred to defend against such liability. Form SS 09 01 12 14 Page 5 of 11 95 SECTION IV - DISCOVERY CLAUSE If, during the "policy period", the "insureds" become aware of a "wrongful act" that may reasonably be expected to give rise to a "claim", and, if written notice of such "wrongful act" is given to us during the "policy period", including the reasons for anticipating such a "claim", the nature and date of the "wrongful act", the identity of the "insureds" allegedly involved, the alleged injuries or damages sustained, the names of potential claimants, and the manner in which the "insureds" first became aware of the "wrongful act", then any "claim" subsequently arising from such "wrongful act" shall be deemed to be a "claim" first made during the "policy period" on the date that we receive the above notice. SECTION V - EXTENDED REPORTING PERIOD Subject to provisions A. through G. below, if this Coverage Part is canceled or non -renewed other than for non-payment of premium, you shall have the right to purchase an extended period to report "claims" under this Coverage Part for any "claim" first made during the period of time set forth in the Supplemental Extended Reporting Period Endorsement, and following the effective date of such cancellation or nonrenewal and reported in writing during such period or within sixty (60) days thereafter, but only with respect to any "wrongful act" which takes place prior to the effective date of such cancellation or nonrenewal. A. The Extended Reporting Period shall be effective only upon the payment of an additional premium. The additional premium will be 200% of the annual advance premium for this coverage. At the commencement of the Extended Reporting Period, the entire premium thereof shall be deemed fully earned and non-refundable. B. The quotation of a different premium or deductible or limit of liability for renewal is not a cancellation or refusal to renew for the purposes of this provision. C. You shall have no right to purchase the Extended Reporting Period, unless you have satisfied all conditions of the Coverage Part, and all premiums and deductibles outstanding have been paid. D. Your right to purchase the Extended Reporting Period shall terminate unless written notice together with full payment of the premium for the Extended Reporting Period is given to us no later than sixty (60) days following the effective date of cancellation or nonrenewal. E. The fact that the period of time to report "claims" is extended by virtue of the Extended Reporting Period shall not increase or reinstate the Limit of Liability stated in the Declarations. EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM F. Extended Reporting Periods do not extend the "policy period" or change the scope of coverage provided. They apply only to "wrongful acts" that occur before the end of the "policy period". "Claims" for such injury which are first received within sixty (60) days after the "policy period", or during the Extended Reporting Period if in effect, will be deemed to have been made on the last date of the "policy period". G. Once in effect, Extended Reporting Periods may not be canceled by us. SECTION VI -COVERAGE TERRITORY Coverage under this Coverage Part applies worldwide, provided that the "claim" is made and any legal action is pursued within the Unites States, its territories, possessions or commonwealths, or Canada. SECTION VII - LIMITS OF LIABILITY AND DEDUCTIBLE A. The maximum we will pay for each "claim" under this Coverage Part is the Each Claim Limit of Liability stated in the Declarations, subject to the Annual Aggregate Limit of Liability stated in the Declarations. The maximum we will pay for all "claims" under this Coverage Part is the Annual Aggregate Limit of Liability stated in the Declarations, regardless of the number of "claims". If the applicable Limit of Liability for this Coverage Part is exhausted, the premium for this Coverage Part shall be deemed fully earned. "Claim expenses" shall be part of, and not in addition to, the Limits of Liability. Payment of "claim expenses" by us shall reduce each Limit of Liability. B. We shall pay "loss" in excess of the Deductible applicable to each "claim" as specified on the Declarations. C. All Deductibles shall be borne by the "insureds" at their own risk; they shall not be insured. D. The Deductible- shall apply to "claim expenses" covered hereunder. If, any "claim expenses" are incurred by us prior to the "insured's" complete payment of the Deductible, then the "insureds" shall reimburse us therefor upon our request. E. No Deductible shall apply to "loss" incurred by any "insured person" that an "insured entity" is not permitted by common or statutory law to indemnify, or is permitted or required to indemnify, but is not able to do so by reason of "financial insolvency". Page 6 of 11 Form SS 09 01 1214 96 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM F. If an "insured entity" is permitted or required by admission, assumption, settlement offer or common or statutory law to indemnify an agreement, stipulation, or "claim expenses" to "insured person" for any "loss", or to advance which we have not consented. "claim expenses" on their behalf, and does not D. We shall have the right to associate ourself in do so other than because of "financial the defense and settlement of any "claim" that insolvency", then such "insured entity" and the appears reasonably likely to involve this "named insured" shall reimburse and hold us Coverage Part. We may make any harmless for our payment or advancement of investigation we deem appropriate in such "loss" up to the amount of the Deductible connection with any "claim". We may, with the that would have applied if such indemnification written consent of the "insureds", settle any had been made. "claim" for a monetary amount that we deem G. If a "subsidiary" is unable to indemnify an reasonable. "insured person" for any "loss", or to advance E. The "insureds" shall give to us all information "claim expenses" on their behalf, because of and cooperation as we may reasonably "financial insolvency", then the "named request. However, if we are, in our sole insured" shall reimburse and hold us harmless discretion, able to determine coverage for our payment or advancement of such "loss" for cooperating "insureds", the failure of up to the amount of the applicable Deductible one "insured person" to cooperate with us shall that would have applied if such indemnification not impact coverage provided to cooperating had been made. "insureds". The Limit of Liability for this Coverage Part F. With respect to a covered "claim" for which we applies separately to each consecutive annual do not have the duty to defend, we shall period and to any remaining period of less advance "claim expenses" in accordance with than twelve (12) months starting with the Section VIII I. that we believe to be covered beginning of the "policy period" shown in the under this Coverage Part until a different Declarations, unless the "policy period" is allocation is negotiated, arbitrated or judicially extended after issuance for an additional determined. period of less than twelve (12) months. In that case, the additional period will be deemed part G. Required Notice to Us of the last preceding period for purposes of As a condition precedent to coverage under determining the Limit of Liability. this Coverage Part, the "insureds" shall give us SECTION VIII - DUTIES IN THE EVENT OF CLAIM; written notice of any "claim" as soon as DEFENSE AND SETTLEMENT practicable after a "notice manager" becomes aware of such "claim", but in no event laterthan: A. We shall have the right and duty to defend "claims" covered under this Coverage Part, even if such "claim" is groundless, false or 1. if this Coverage Part expires or is fraudulent, provided that: otherwise terminated without being renewed with us, ninety (90) days after the I. the "insureds" give notice to us in effective date of said expiration or accordance with the applicable notice termination; or provisions; and 2. subject to SECTION V the expiration of 2. such "claim" does not involve allegations, the Extended Reporting Period, if in whole or in part, of a "wage and hour applicable; violation". provided, however, that if the Coverage Part iscancelled For any "claim" involving allegations, in whole for non-payment of premium, the or in part, of a "wage and hour violation", it "insured" will give us written notice of such shall be the duty of the "insureds", and not our "claim", prior to the effective date of duty, to defend such "claim". cancellation. B. If we have the duty to defend a "claim", our However, with regard to any "employment duty to defend such "claim" shall cease upon practices claim" which is brought as a formal exhaustion of any applicable Limit of Liability. administrative or regulatory proceeding, C. The "insureds" shall not admit or assume any including, without limitation, a proceeding liability, make any settlement offer or enter into before the Equal Employment Opportunity any settlement agreement, stipulate to any Commission or similar governmental agency, judgment, or incur any "claim expenses" commenced by the filing of a notice of regarding any "claim" without our prior written charges, formal investigative order or similar consent, such consent not to be unreasonably document, as a condition precedent to withheld. We shall not be liable for any coverage under this Coverage Part the Form SS 09 01.1214 Page 7 of 11 97 "insureds" shall give us written notice of any "claim" as soon as practicable after a "notice manager" becomes aware of such "claim", but in no event later than: 3. if this Coverage Part is renewed, no more than 180 days after a "notice manager" becomes aware of such "claim"; or 4. if this Coverage Part expires or is otherwise terminated without being renewed with us, ninety (90) days after the effective date of said expiration or termination; or 5. subject to SECTION V, the expiration of the Extended Reporting Period, if applicable; provided, if the Coverage Part is cancelled for non-payment of premium, the "insured" will give us written notice of such "claim", prior to the effective date of cancellation. H. Subrogation 1. We shall be subrogated to all of the "insureds'" rights of recovery regarding any payment of "loss" by us under this Coverage Part. The "insureds" shall execute all papers required and do everything necessary to secure and preserve such rights, including the execution of any documents necessary to enable us to effectively bring suit in the name of the "insureds". The "insureds" shall do nothing to prejudice our position or any potential or actual rights of recovery. 2. We shall not exercise our rights of subrogation against an "insured person" under this Coverage Part unless such "insured person" has: a. obtained any personal profit, remuneration or advantage to which such "insured person" was not legally entitled, or b. committed a criminal or deliberately fraudulent act or omission or any willful violation of law, if a judgment or other final adjudication establishes such personal profit, remuneration, advantage, act, omission, or violation. IL Allocation Where "insureds" who are afforded coverage for a "claim" incur an amount consisting of both "loss" that is covered by this Coverage Part and also loss that is not covered by this Coverage Part, because such "claim" includes both covered and uncovered matters, then coverage shall apply as follows: EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM 1. with respect to a covered "claim" for which we have the duty to defend: a. 100% of the "insured's" "claim expenses" shall be allocated to covered "loss"; and b. All other "loss" shall be allocated between covered "loss" and non - covered loss based upon the relative legal exposure of all parties to such matters. 2. with respect to a covered "claim" for which we do not have the duty to defend, all "loss" shall be allocated between covered "loss" and non -covered loss based upon the relative legal exposure of all parties to such matters. SECTION IX - CONDITIONS A. Coverage Part Priority; Headings If any provision in this Coverage Part is inconsistent or in conflict with the terms and conditions of any provisions in this Policy, the terms and conditions of this Coverage Part shall control only for purposes of determining coverage hereunder. The headings of the various sections of this Coverage Part are intended for reference only and shall not be part of the terms and conditions of coverage. B. Notice Addresses 1. All notices to the "insureds" shall be sent to the first "named insured" at the address specified in the Declarations. 2. All notices to us shall be sent to the address specified in the Declarations. Any such notice shall be effective upon receipt by us at such address. C. Spousal/Domestic Partner Liability Coverage Coverage shall apply to the lawful spouse or "domestic partner" of an "insured person" for a "claim" made against such spouse or "domestic partner", provided that: 1. such "claim" arises solely out of: a. such person's status as the spouse or "domestic partner" of an "insured person"; or b. such spouse or "domestic partner's" ownership of property sought as recovery for a "wrongful act"; 2. the "insured person" is named in such "claim" together with the spouse or "domestic partner"; and 3. coverage of the spouse or "domestic partner" shall be on the same terms and conditions, including any applicable Page 8 of 11 Form SS 09 01 1214 98 EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM Deductible , that applies to coverage of the "insured person" for such "claim". No coverage shall apply to any "claim" for a "wrongful act" of such spouse or "domestic partner". D. Estates and Legal Representatives In the event of the death, incapacity or bankruptcy of an "insured person", any "claim" made against the estate, heirs, legal representatives or assigns of such "insured person" for a "wrongful act" of such "insured person" shall be deemed to be a "claim" made against such "insured person". No coverage shall apply to any "claim" for a "wrongful act" of such estate, heirs, legal representatives or assigns. E. Minimum Standards In the event that there is an inconsistency between: 1. the terms and conditions that are required to meet minimum standards of a state's law (pursuant to a state amendatory endorsement attached to this Coverage Part ), and 2. any other term or condition of this Coverage Part, it is understood and agreed that, where permitted by law, we shall apply those terms and conditions of 1. or 2. above that are more favorable to the "insured". F. Other Insurance 1. The coverage provided under this Coverage Part for any "employment practices claim" shall be primary. 2. Notwithstanding the above, the coverage provided under this Coverage Part for any "employment practices claim" made against a temporary, leased or loaned "employee" or an "independent contractor" shall be excess of the amount of any deductible, retention and limits of liability under any other policy or policies applicable to such "claim", whether such other policy or policies are stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy or policies to this Policy's Policy Number. G. Interrelationship of Claims All "claims" based upon, arising from or in any way related to the same "wrongful act" or "interrelated wrongful acts" shall be deemed to be a single "claim" for all purposes under this Coverage Part first made on the earliest date that: 1. any of such "claims" was first made, regardless of whether such date is before or during the "policy period"; 2. notice of any "wrongful act" described above was given to us under this Coverage Part pursuant to Sections IV or Vill; or 3. notice of any "wrongful act" described above was given under any prior insurance policy. H. Deductible Waiver Regarding a "claim" that is a class action civil proceeding, no Deductible shall apply to "claim expenses" incurred in connection with such "claim", and we shall reimburse the "insureds" for any covered "claim expenses" paid by the "insureds" within the Deductible otherwise applicable to such "claim", if a: 1. final adjudication with prejudice pursuant to a trial, motion to dismiss or motion for summary judgment; or 2. complete and final settlement with prejudice; establishes that none of the "insureds" in such "claim" are liable for any "loss". I. Application 1. The "insureds" represent that the Declarations and statements contained in the "application" are true, accurate and complete. This Coverage Part is issued in reliance upon the "application". 2. If the "application" contains intentional misrepresentations or misrepresentations that materially affect the acceptance of the risk by us no coverage shall be afforded under this Coverage Part for any "insureds" who knew on the Effective Date of this Coverage Part of the facts that were so misrepresented, provided that: a. knowledge possessed by any "insured person" shall not be imputed to any other "insured person"; and b. knowledge possessed by any of your chief executive officer, general counsel, chief financial officer, human resources director or any position equivalent to the foregoing of the "named insured", or anyone signing the "application", shall be imputed to all "insured entities". No other person's knowledge shall be imputed to an "insured entity". Form SS 09 0112 14 Page 9 of 11 99 J. Changes in Exposure 1. Acquisitions or Created Subsidiaries If, before or during the "policy period", any "insured entity" acquires or creates a "subsidiary", then such acquired or created entity and its subsidiaries, and any natural persons that would qualify as "insured persons" thereof, shall be "insureds" to the extent such entities and persons would otherwise qualify as "insureds" under this Coverage Part„ but only for "wrongful acts" occurring after such acquisition or creation. No coverage shall be available for any "wrongful act" of such "insureds" occurring before such acquisition or creation, or for any "interrelated wrongful acts" thereto. However, if the fair value of the assets of any such acquired or created entity exceed 25% of the total assets of the "named insured" as reflected in its most recent consolidated financial statements prior to such acquisition or creation, then, as a condition precedent to coverage hereunder, the "insureds" shall give us written notice and full, written details of the acquisition or creation as soon as practicable (but, in all cases, within ninety (90) days of such acquisition or creation). There shall be no coverage under any renewal or replacement of this Coverage Part for any such new "subsidiary" and its subsidiaries, and any natural persons that would qualify as "insured persons" thereof, unless the "insureds" comply with the terms of this provision. 2. Mergers If, before or during the "policy period", any "insured entity" merges with another entity such that the "insured entity" is the surviving entity, then such merged entity and its subsidiaries, and any natural persons that would qualify as "insured persons" thereof, shall be "insureds" to the extent such entities and persons would otherwise qualify as "insureds" under this Coverage Part, but only for "wrongful acts" occurring after such merger. No coverage shall be available for any "wrongful act" of such "insureds" occurring before such merger or for any "interrelated wrongful acts" thereto. However, if the fair value of the assets of any newly merged entity exceed 25% of the total assets of the "named insured" as reflected in its most recent consolidated financial statements prior to such merger, EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM then, as a condition precedent to coverage hereunder, the "insureds" shall give us written notice and full, written details of the merger as soon as practicable (but, in all cases, within ninety (90) days of such merger). There shall be no coverage under any renewal or replacement of this Coverage Part for any newly merged entity or any of its subsidiaries, and any natural persons that would qualify as "insured persons" thereof, unless the "insureds" comply with the terms of this provision. 3. Takeover of Named Insured If, before or during the "policy period": a. the "named insured" merges into or consolidates with another entity such that the "named insured" is not the surviving entity; or b. more than 50% of the securities representing the right to vote for the "named insured's" board of directors or managers is acquired by another person or entity, group of persons or entities, or persons and entities acting in concert, then coverage shall continue under this Coverage Part, but only for "wrongful acts" occurring before any such transaction. No coverage shall be available for any "wrongful act" occurring after such transaction. Upon such transaction, this Coverage Part shall not be cancelled and the entire premium for this Coverage Part shall be deemed fully earned. The "insured" shall give us written notice and full, written details of such transaction as soon as practicable (but, in all cases, within ninety (90) days of such transaction). If any transaction described herein occurs, then we will not be obligated to offer any renewal or replacement of this Coverage Part. 4. Loss of Subsidiary Status If, before or during the "policy period", any entity ceases to be a "subsidiary", then coverage shall be available under this Coverage Part for such "subsidiary" and its "insured persons", but only for a "wrongful act" of such "insureds" occurring before such transaction. No coverage shall be available for any "wrongful act" of such "insureds" occurring after such transaction. K. References To Laws 1. Wherever this Coverage Part mentions any law, including, without limitation, any statute, Act or Code of the United States, Page 10 of 11 Form SS 09 01 1211100 6 * • t EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM such mention shall be deemed to include all amendments of, and all rules or regulations promulgated under, such law. 2. Wherever this Coverage Part mentions any law or laws, including, without limitation, any statute, Act or Code of the United States, and such mention is followed by the phrase "or any similar law", such phrase shall be deemed to include all similar laws of all jurisdictions throughout the world, including, without limitation, statutes and any rules or regulations promulgated under such statutes as well as common law. L. Action Against Us 1. No action shall be taken against us unless there shall have been full compliance with all the terms and conditions of this Coverage Part. 2. No person or organization shall have any right under this Coverage Part to join us as a party to any "claim" against the "insureds" nor shall we be impleaded by the "insureds" in any such "claim". M. Entire Agreement This Coverage Part, the "application" and any written endorsements attached hereto, along with the Declarations constitute the entire agreement between you and us relating to this Coverage Part's insurance. N. Bankruptcy or Insolvency Bankruptcy or insolvency of any "insureds" shall not relieve us of any of our obligations under this Coverage Part. O. Authorization of First Named Insured The first "named insured" shall act on behalf of all "Insureds" with respect to all matters under this Coverage Part, including, without limitation, giving and receiving of notices regarding "claims", cancellation, election of the Extended Reporting Period, payment of premiums, receipt of any return premiums, and acceptance of any endorsements to this Coverage Part. P. When We Do Not Renew 1. If we decide not to renew this Coverage Part, we will mail or deliver to the first "named insured" shown in the Declarations written notice of the nonrenewal not less than thirty (30) days before the expiration date. 2. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. Any state amendatory endorsement changing Nonrenewal Conditions for any part of this policy shall also apply to this Coverage Part. Form SS 09 01 1214 Page 11 of 1' 101 L. 11 , a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY THIRD PARTY LIABILITY ENDORSEMENT - EMPLOYMENT PRACTICES LIABILITY This endorsement modifies insurance provided under the following: EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM I. SECTION I - INSURING AGREEMENT of this Coverage Part is amended to include the following: Third Party Liability We shall pay "loss" on behalf of the "insureds" resulting from a "third party claim" first made against the "insureds" during the "policy period" or the Extended Reporting Period, if applicable, for a "third party wrongful act" by the "insureds." 11. SECTION 11 - DEFINITIONS of this Coverage Part is amended in the following manner: A. The definition of "claim" is amended to include the following: "Claim" also means any "third party claim." B. The definition of "wrongful act" is amended to include the following: 'Wrongful act" also means any actual or alleged "third party wrongful act". C. The following definitions are added: "Third party" means any natural person who is a customer, vendor, service provider or other business invitee of an "insured entity". "Third party" shall not include "employees". 'Third party claim" means any: 1. written demand for monetary damages or other civil non -monetary relief commenced by the receipt of such demand; 2. civil proceeding, including an arbitration or other alternative dispute resolution proceeding, commenced by the service of a complaint, filing of a demand for arbitration, or similar pleading; or 3. formal administrative or regulatory proceeding commenced by the filing of a notice of charges, formal investigative order or similar document; by or on behalf of a "third party". "Third party claim" also means a written request to the "insureds" to toll or waive a statute of limitations regarding a potential "third party claim" as described above. Such "claim" shall be commenced by the receipt of such request. "Third party wrongful act" means: 1. discrimination against a "third party" based upon age, gender, race, color, national origin, religion, creed, marital status, sexual orientation or preference, pregnancy, disability, HIV or other health status, Vietnam Era Veteran or other military status, or other protected status established under federal, state or local law; or 2. sexual harassment or other harassment of a "third party", including unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature. III. The following exclusion is added to SECTION III - EXCLUSIONS: We shall not pay "loss" in connection with any "third party claim" based upon, arising from or in any way related to any price discrimination or violation of any anti-trust law or any similar law designed to protect competition or prevent unfair trade practices. All other terms and conditions of this Coverage Part remain unchanged. Form SS 09 70 1214 Page 1 of 1 © 2014, The Hartford 102 r AP&' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY RETROACTIVE DATE ENDORSEMENT - EMPLOYMENT PRACTICES LIABILITY This endorsement modifies insurance provided under the following: EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM I. SECTION I - INSURING AGREEMENT of this Coverage Part is amended to include the following: This Coverage Part applies only to "claims" for "wrongful acts" that occurred on or after the "retroactive date" set forth in the Declarations and before the end of the "policy period", regardless of whether such "claim" is made during the "policy period" or the Extended Reporting Period, if applicable. II. The following definition is added to SECTION II - DEFINITIONS of this Coverage Part: "Retroactive date" means the date specified in the Declarations. If no date is specified, the "retroactive date" will be the same as the Effective Date of this Coverage Part. All other terms and conditions of this Coverage Part remain unchanged. Form SS 09 71 1214 Page 1 of 1 © 2014, The Hartford 103 1 O • nk THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - EMPLOYMENT PRACTICES LIABILITY Th is endorsement modifies insurance provided under the following: EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM I. SECTION II - DEFINITIONS 1. Item A, The definition of "application" is deleted and replaced with the following: A. "Application" means the application for this Coverage Part, including any materials or information submitted therewith or made available to us during the underwriting process, which application shall be on file with us. Such "application" shall be deemed a part of this Coverage Part and attached hereto. In addition, "application" includes any representation or other statement provided to us within the past three years in connection with any policy or coverage part of which this Coverage Part is a renewal or replacement. 2. Item F, the definition of "damages" is amended to include the following: This Policy does not provide coverage for punitive or exemplary damages in the State of Florida; however, "loss" shall also include: i. vicarious liability for punitive or exemplary damages incurred by the "insured", but only to the extent that this Policy is construed by a court of competent jurisdiction, or an arbitration panel, pursuant to Florida law; or punitive or exemplary damages, but only to the extent (i) such damages are insurable under the law of any jurisdiction other than Florida that has a substantial relationship to the "insured", the "claim", us, or this Policy and is most favorable to the insurability of such damages, and (ii) that this Policy is construed by a court of competent jurisdiction, or an arbitration panel, pursuant to the laws of any jurisdiction other than Florida. 3. Item H., the definition of "domestic partner" is deleted. All appearances of the term "domestic partner" throughout this Coverage Part are also deemed. deleted. il. SECTION V - EXTENDED REPORTING PERIOD, Item A, is deleted and replaced with the following: A. The Extended Reporting Period shall be effective only upon the payment of an additional premium. The additional premium will be a percentage of the annual advance premium for this coverage. At the commencement of the Extended Reporting Period, the entire premium thereof shall be deemed fully earned and non-refundable. Fotrm SS 09 85 12 14 Page 1 of 1 © 2014, The Hartford 104 HE t HTARTFORD U.S. DEPARTMENT OF THE TREASURY, OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country -specific. Collectively, such individuals and companies are called "Specially Designated Nationals and Blocked Persons" or "SDNs". Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC's web site at — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN, as identified by OFAC, the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 105 GpmATAmERICAN INSURANCE GROUP 301 E. Fourth Street, Cincinnati, OH 46202 Insurance is afforded by the company indicated below: (Each a capital stock corporation) © Great American Insurance Company Policy Number: EPP4565892 ExecPro S" DECLARATIONS for Nonprofit Solution Insurance Policy Policy Form Number: D16100 ltemi 1. Name of Organization: SOUTH MIAMI CHILDREN'S CLINIC, INC. Mailing Address: 6701 SOUTHWEST 58TH PLACE City, State, Zip Code: MIAMI, FL 33143 Attn: EXECUTIVE DIRECTOR Item 2. Policy Period: From 06/12/2020 To 06/12/2021 (Month, Day, Year) (Month, Day, Year) (Both dates at 12:01 a.m. Standard Time at the address of the Organization as stated in Item 1) lterr. 3. Aggregate Limit(s) of Liability for each Policy Year: (a) $ 1,000,000 for all Claims other than Claims for Employment Practices Wrongful Acts. (b) $ 10,000 Donor Data Loss Crisis Fund Sublimit of Liability. This limit is part of and not in addition to the Limit of Liability provided for in 3(a). (c) $ 1,000,000 for all Claims for Employment Practices Wrongful Acts. This limit is: ® part of and not in addition to the Limit of Liability provided for in 3(a). O separate from and in addition to the Limit of Liability provided for in 3(a). (d) $150,000 FLSA Defense Sublimit of Liability. This limit is part of and not in addition to the Limit of Liability provided for in 3(c). Item 4. Retentions: Insuring Agreement A: $ 0 Each Claim Insuring Agreements B and/or C: $ 2,500 Each Claim Iterr. 5. Premium: $ 2,533 lterr. 6. Endorsements Attached: D16523 D16527 D16540 D16548 D16712 (13) DTCOV IL7324 item 7. Notices: All notices required to be given to the Insurer under this Policy shall be addressed to: Great American Insurance Companies Executive Liability Division P.O. Box 66943 Chicago, Illinois 60666 Iterr. 8. Prior & Pending Litigation Date: 06/12/2006 These Declarations along with the completed and signed Proposal Form and Nonprofit Solution Insurance Policy, shall constitute the contract between the Insureds and the Insurer. THIS IS A CLAIMS MADE POLICY. READ IT CAREFULLY. D 16102 (01 .106 Gp,cEATAMERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution PEER REVIEW, CREDENTIALING, ACCREDITATION AND DISCIPLINARY EXCLUSION It is understood and agreed that this Policy does not apply to any Claim made against any Insured based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in any way involving: any process, function or activity involving: 1) peer review; or 2) credentials certification, designation, license, award, rating or similar judgment; or 3) accreditation; or 4) discipline; provided, however, that this exclusion shall not apply to any Claim brought by or on behalf of any past, present or prospective Insured Person for an Employment Practices Wrongful Act. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy other than as above stated. Insured: SOUTH MIAM1 CHILDREN'S CLINIC, INC. Policy Period: 6/12/2020 to 6/12/2021 Policy Number: EPP4565892 Countersigned by: Authorized Representative Endorsement Effective Date: 6/12/2020 D 16523 (01/09) Endorsement: 1 Page 1 of 1 107 7 GREATAnExrcanr. INSURANCE GROUP ExecPro s` Nonprofit Solution GENERAL ERRORS AND OMISSIONS EXCLUSION It is understood and agreed that this Policy does not apply to any Claim made against any Insured based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in any way involving: any Insured's performance of or failure to perform services for others, and caused by any act, error or omission related thereto. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy other than as above stated. Unsured: SOUTH MIAMI CHILDREN'S CLINIC, INC. Policy Period: 6/12/2020 to 6/12/2021 Countersigned by: _ D 16527 (01/09) Authorized Representative Policy Number: EPP4565892 Endorsement Effective Date: 6/12/2020 Endorsement: 2 Page 1 of 1 108 GREATAMERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution NEGLIGENT HIRING, SUPERVISION AND RETENTION EXCLUSION It is understood and agreed that this Policy does not apply to any Claim made against any Insured based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in any way involving: (1) Negligent hiring; (2) Negligent retention; or (3) Negligent supervision provided, however, that this exclusion shall not apply to any Claim for an Employment Practices Wrongful Act. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy other than as above stated. Insured: SOUTH MIAMI CHILDREN'S CLINIC. INC. Policy Period: 6/12/2020 to 6/12/2021 Policy Number: EPP4565892 Countersigned by: Authorized Representative Endorsement Effective Date: 6/12/2020 D 16540 (01/09) Endorsement: 3 Page 1 of 1 109 L ! 11__00W_ L�� GPmAT,4MERICAN INSURANCE GROUP ExecPro Nonprofit Solution SUBLIMIT OF COVERAGE FOR TELEPHONE CONSUMER PROTECTION ACT CLAIMS It is understood and agreed that the following changes are made to the Policy: 1. Section III. is amended by the addition of the following: "TCPA Wrongful Act" shall mean any actual or alleged violation(s) of any federal, state or local laws or regulations pertaining to unsolicited or non-consensual communication, advertising or fundraising, through faxes, telephone calls, texting or any other medium, including, but not limited to the Telephone Consumer Protection Act; "Statutory Damages" shall mean any amounts imposed upon an Insured pursuant to the Telephone Consumer Protection Act of 1991 or any similar state or local law as such amounts relate to a TCPA Wrongful Act. 2. Section I II.I.(1) is amended by the addition of the following: This section shall also not apply to Statutory Damages. 3. Section III.L. is amended by the addition of the following: Personal Injury Wrongful Act shall not include any TCPA Wrongful Act; 4. Section III.R. is amended by the addition of the following: Wrongful Act shall also mean TCPA Wrongful Act; 5. Section W.D. is amended by the addition of the following: Part (3) of this exclusion shall also not apply to any TCPA Wrongful Act; 6. Section V. is amended by the addition of the following: Onsured: SOUTH MIAMI CHILDREN'S CLINIC, INC. Policy Period: 6/12/2020 to 6/12/2021 .countersigned by: Authorized Representative Policy Number: EPP4565892 Endorsement Ef cctive Date: 6/12/2020 .)16548 (01/16) Endorsement: 4 Page 1 of 2 110 GREATAmERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution SUBLIMIT OF COVERAGE FOR TELEPHONE CONSUMER PROTECTION ACT CLAIMS The Insurer's maximum aggregate liability for all Loss in connection with Claims made against any Insured for a TCPA Wrongful Act shall be $ 100,000 for each Policy Year, which amount is part of, and not in addition to, the maximum Limit of Liability shown in Item 3.(a) of the Declarations regardless of the number of Claims during such Policy Year. In the event a Claim involves a TCPA Wrongful Act and a Personal Injury Wrongful Act, such Claim shall be considered a Claim for a TCPA Wrongful Act and shall be subject to the TCPA Sublimit of Liability. 7. Section V.C. is amended by the addition of the following: With respect to any Claim for a TCPA Wrongful Act, Costs of Defense incurred either by the Insurer or the Insured shall be considered Loss and, therefore, subject to the TCPA Sublimit of Liability and the Retention. 8. Item 3. of the Declarations is amended by the addition of the following: $ 100,000 TCPA Sublimit of Liability for Claims for any TCPA Wrongful Act for each Policy Year. 9. Item 4. of the Declarations is amended by the addition of the following: $ 11000 Retention applicable to Insuring Agreements I.B. and I.C. for any Claim for TCPA Wrongful Act. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy other than as above stated. D 16548 (01/16) Endorsement: Page 2 of 2 111 a , Q . GREATAmERICAN INSURANCE GROUP ExecPro SM Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT It is understood and agreed that the following changes are made to the Policy: AMENDMENT TO LIMIT OF LIABILITY Additional A -Side Limit of Liability It is understood and agreed that Section V. is amended by the addition of the following: Notwithstanding anything in this Policy to the contrary, the Policy provides an Additional Limit of Liability dedicated for directors, trustees, officers, regents, governors and members of the Board of Managers. This Additional Limit of Liability shall be $ 2 5 0, 0 0 0 , which amount is in addition to, and not part of, the aggregate Limit of Liability as set forth in Item 3. of the Declarations. This Additional Limit of Liability is available solely for Loss resulting from any Claim against any director, trustee, officer, regent, governor and/or member of the Board of Managers covered under Section I.A. of this Policy, and: (1) Any Loss resulting from any Claim against any director, trustee, officer, regent, governor and/or member of the Board of Managers covered under Section I.A. of this Policy shall first be paid under the aggregate Limit of Liability as set forth in Item 3. of the Declarations, and such Limit of Liability must be completely exhausted by payment of Loss under Section I.A., I.B., and/or I.C. of this Policy before Loss shall be paid under the dedicated Additional Limit of Liability, and (2) The dedicated Additional Limit of Liability shall be excess of any insurance available that is specifically excess of this Policy, and such excess insurance must be completely exhausted by payment of Loss thereunder before the Insurer shall have any obligations to make payment on account of the dedicated Additional Limit of Liability Insured: SOUTH MIAM1 CHILDREN'S CLINIC, INC. Policy Period: 6/12/2020 to 6/12/2021 Countersigned by: Authorized Representative Policy Number: EPP4565892 Endorsement Effective Date: 6/12/2020 D 16712(13) (11/16) Endorsement: 5 Page 1 of 7 112 GREATAmERICAN INSURANCE GROUP ExecPro SM Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT TERRORISM TRAVEL REIMBURSEMENT FUNDS l . Section III. is amended by the addition of the following: "Certified Act of Terrorism" shall mean an act that is certified by the Secretary of the Treasury in accordance with the provisions of the Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. "Emergency Travel Expenses" shall mean hotel expenses incurred which directly result from the cancellation of a scheduled transport, by train or air, by a commercial transportation carrier resulting directly from and within forty-eight (48) hours of a Certified Act of Terrorism, and the increased amount incurred in air or train fare which may result from rescheduling comparable transport, to replace a similarly scheduled transport canceled by a commercial transportation carrier in direct response to a Certified Act of Terrorism. 2. Section VIII. is amended by the addition of the following: Terrorism Travel Reimbursement Fund In the event any current director, trustee, officer, regent, governor or member of the Board of Managers of the Organization or any Subsidiary advises the Insurer of Emergency Travel Expenses incurred during the Policy Period, the Insurer shall reimburse the Emergency Travel Expenses. This coverage extension shall be subject to the Terrorism Travel Reimbursement Fund Limit of Liability stated below, provided, however, no Retention shall apply. 3. Item 3. of the Declarations is amended by the addition of the following: $ 50,000 Aggregate Terrorism Travel Reimbursement Fund Limit of Liability for each Policy Year. This Limit of Liability shall be in addition to the Aggregate Limit of Liability provided for in Item 3. of the Declarations. 4. Provided the current director, trustee, officer, regent, governor or member of the Board of Managers of the Organization or any Subsidiary advises the Insurer of Emergency Travel Expenses incurred during the Policy Period and provides written evidence of such amounts, the Insurer shall promptly reimburse such individual within thirty (30) days. Such notice and written evidence shall be provided to the Insurer by e-mailing the Insurer at: eldclaims(a),gaig.com. WORKPLACE VIOLENCE COUNSELING FUND 1. Section III. is amended by the addition of the following: "Workplace Violence Act" shall mean any actual or alleged intentional and unlawful use of, or threat to use, deadly force with intent to cause harm to others occurring at any building, facility or property occupied by the Organization or any Subsidiary in the conduct of its operations. D 16712(13) (11/16) Endorsement: Page 2 of 7 113 GPtEATAmERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT 2. Section VIII. is amended by the addition of the following: Workplace Violence Counseling Fund In the event that a Workplace Violence Act occurs during the Policy Period and the Organization advises the Insurer of such Workplace Violence Act, the Insurer shall, subject to prior written consent, reimburse the Organization reasonable expenses incurred for the emotional counseling of Insured Persons. This coverage extension is subject to the Workplace Violence Counseling Fund Limit of Liability set forth below, provided, however, no Retention shall apply. 3. Item 3. of the Declarations is amended by the addition of the following: $ 50,000 Aggregate Workplace Violence Counseling Fund Limit of Liability for each Policy Year. This Limit of Liability shall be in addition to the Aggregate Limit of Liability provided for in Item 3. of the Declarations. 4. The Organization shall advise the Insurer of such Workplace Violence Act during the Policy Period by e-mailing the. Insurer at: eldclaims(iDgaig com. The consent of the Insurer shall not be unreasonably withheld. INCIDENT CRISIS FUND l . Section III. is amended by the addition of the following: "Crisis" shall mean the public announcement that an Incident occurred at any building, facility or property occupied by the Organization or any Subsidiary in the conduct of its operations. "Incident" shall mean an accident or other event resulting in the death or Serious Bodily Injury to three or more persons. "Serious Bodily Injury" shall mean an injury to a person that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 2. Section VIII. is amended by the addition of the following: Incident Crisis Fund The Insurer shall, subject to prior written consent, reimburse the Organization reasonable expenses incurred to hire an image consulting company for the purpose of reducing damage to reputation suffered by the Organization or any Subsidiary arising from a Crisis during the Policy Period. This coverage extension is subject to the Incident Crisis Fund Limit of Liability set forth below, provided, however, no Retention shall apply. D 16712(13) (11/16) Endorsement: Page 3 of 7 114 _1__000W_ L_M_� GREATAMERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT 3. Item 3. of the Declarations is amended by the addition of the following: $ 50,000 Aggregate incident Crisis Fund Limit of Liability for each Policy Year. This Limit of Liability shall be in addition to the Aggregate Limit of Liability provided for in Item 3. of the Declarations. 4. The Organization shall advise the Insurer of such Crisis during the Policy Period by e-mailing the Insurer at: eldclaims(a maiaig.com. The consent of the Insurer shall not be unreasonably withheld. AMENDMENT TO PERSONAL PROFIT EXCLUSION 71 Section W.A. is deleted and replaced with the following: A. brought about or contributed to by: (1) any Insureds gaining any personal profit, financial advantage or remuneration to which they were not legally entitled; or (2) the deliberately fraudulent or criminal acts of any Insureds; provided, however, this exclusion shall not apply unless and until there is a final non -appealable adjudication as to such conduct in the underlying proceeding. This exclusion shall not apply to coverage provided under Insuring Agreement I.B.; AMENDMENT TO OTHER INSURANCE EXCLUSION Section IV.B. is amended by the addition of the following: If this Policy includes coverage for any Claim for Employment Practices Wrongful Acts, such coverage shall be deemed primary over any similar coverage maintained either by the Organization or any Subsidiary. AMENDMENT TO INSURED vs. INSURED EXCLUSION Section IV.H. is deleted and replaced with the following: H. by, or for the benefit of, or at the behest of the Organization or any Subsidiary or any entity which controls, is controlled by, or is under common control with the Organization or any Subsidiary, or any person or entity which succeeds to the interests of the Organization or any Subsidiary, provided, however, this exclusion shall not apply to any Claim, if such Claim: (1) is for an Employment Practices Wrongful Act brought by an Insured Person; D 16712(13) (11/16) Endorsement: Page 4 of 7 115 GREATAmERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT (2) is brought by the receiver, conservator, creditors' committee, liquidator, trustee, rehabilitator, examiner or similar official of the Organization, if any, in the event of Financial Insolvency; (3) is brought or maintained derivatively, including any Claim brought or maintained under any federal, state, local or foreign whistleblower law or whistleblower provision of any law if the individual bringing such Claim is acting totally independent of, and without the solicitation, assistance, active participation or intervention of any director, officer, trustee, regent, governor or member of the Board of Managers of the Organization or any Subsidiary; (4) is brought by any former director, officer, trustee, regent, or governor of the Organization or any Subsidiary who has not served in that capacity with the Organization or any Subsidiary for at least two (2) years prior to the commencement of such Claim, and is. acting totally independent of, and without the solicitation, assistance, active participation or intervention of any director, officer, trustee, regent, governor or member of the Board of Managers of the Organization or any Subsidiary. COSTS OF DEFENSE SUBLIMIT FOR BREACH OF EMPLOYMENT AGREEMENT CLAIMS It is understood and agreed that the Policy is amended as follows: 1. Section IV.I. is deleted and replaced with the following: I. for any actual or alleged breach by the Organization or any Subsidiary of an express or implied contract, provided, however, this exclusion shall not apply to: (1) employment -related obligations which would have attached absent such contract or agreement; or (2) Costs of Defense if such Claim is for any actual or alleged breach of an employment agreement and such coverage for Costs of Defense shall be subject to the Sublimit stated below. 2. Item 3. of the Declarations is amended by the addition of the following: $ 10 0 , 0 0 0 Sublimit for Costs of Defense for Claims for Breach of an Employment Agreement. This Sublimit is part of and not in addition to the Limit of Liability set forth in Item 3. of the Declarations. D 16712(13) (11/16) Endorsement: Page 5 of 7 116 GREATAmERICAN INSURANCE GROUP ExecPro Sm Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT AMENDMENT TO COSTS OF DEFENSE AND SETTLEMENTS Section VI.B. is deleted and replaced with the following: B. The Insurer has the right to investigate and settle any Claim as it deems expedient. If the Insurer recommends a settlement and the Insured refuses to consent thereto, the Insurer's liability for suph Claim is limited to the amount in excess of the Retention, which the Insurer would have contributed had the Insured consented to the settlement, the Costs of Defense covered by the Policy and incurred prior to the date of such refusal to settle, and eighty percent ( 80 %) of any additional covered Loss, including Costs of Defense, incurred subsequent to such refusal and subject to the Limit of Liability. If the Insured refuses to consent to a settlement as contemplated above, Costs of Defense shall be subject to the Retention. 100% COSTS OF DEFENSE ALLOCATION Section VI. is amended by the addition of the following: C. If a Claim made against any Insured includes both covered and uncovered matters, the Insureds and the Insurer recognize that there must be an allocation between insured Loss and uninsured loss, therefore, the Insureds and the Insurer shall allocate such amount as follows: l . with respect to Costs of Defense, one hundred percent (l 00%) of all Costs of Defense which must otherwise be allocated as described above shall be allocated to the insured Loss; and 2. with respect to Loss other than Costs of Defense, the Insurer and the Insureds shall use their best efforts to agree upon a fair and proper allocation of such amounts between insured Loss and uninsured loss. AMENDMENT TO SUBROGATION Section IX.H. is deleted and replaced with the following: H. In the event of payment under this Policy, the Insurer shall be subrogated to all the Insureds' rights of recovery. The Insureds shall do everything necessary to secure such rights, including the execution of such documents necessary to enable the Insurer to effectively bring suit in the name of any Insured. In no event, however, shall the Insurer exercise its rights to subrogation against an Insured Person under this Policy unless the exclusion set forth in Section IV.A. of the Policy applies to such Insured Person. D 16712(13) (11/16) 1 Endorsement: Page 6of7 117 GrcEATAmERICAN INSURANCE GROUP ExecPro SM Nonprofit Solution GREAT AMERICAN NONPROFIT EAGLE ENDORSEMENT In the event the Insurer shall for any reason pay indemnifiable Loss on behalf of an Insured Person, the Insurer shall have the contractual right hereunder to recover from the Organization or any Subsidiary the amount of such Loss equal to the amount of the Retention not satisfied by the Organization or any Subsidiary and shall be subrogated to rights of the Insured Persons hereunder. INCONSISTENCY COVERAGE Section IX. is amended by the addition of the following: Inconsistency Coverage In the event of an inconsistency between this endorsement, or a state amendatory endorsement, and any other endorsement attached to this Policy, the Insurer, as permitted by law, shall apply those terms and conditions which are more favorable to the Insureds. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy other than as above stated. D 16712(13) (11/16) Endorsement: Page 7 of 7 118 GREAT,4mERIcarr. INSURANCE GROUP TERRORISM COVERAGE ENDORSEMENT CAP ON LOSS FROM CERTIFIED ACTS Subject to all terms and conditions of this Policy, including any follow -form provisions, this Policy is amended by the addition of the following: CERTIFIED ACTS OF TERRORISM COVERAGE "Certified Act of Terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of Homeland Security and the Attorney General of the United States, to be an act pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "Certified Act of Terrorism" include the following: 1. the act resulted in insured losses in excess of $5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. the act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States government by coercion. If the aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year in the aggregate and the Insurer has met its deductible under the Terrorism Risk Insurance Act, the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rate allocation in accordance with procedures established by the Secretary of the Treasury. It is understood and agreed that the Premium section of the Declarations is amended by the addition of the following: Terrorism Premium: $ 0.00 The Policyholder Disclosure Offer of Terrorism Coverage is attached to and is to be considered as incorporated in and constituting a part of this Policy. This coverage shall not apply to any commercial crime or errors & omissions coverages that may be included in this policy. This endorsement does not extend any additional coverage or otherwise change the terms and conditions of any coverage under this Policy. Insured: SOUTH MIAMI CHILDREN'S CLINIC, INC. Policy Period: 6/12/2020 to 6/12/2021 Policy Number: EPP4565892 Countersigned by: Authorized Representative Endorsement Effective Date: 6/12/2020 DTCOV (02/15) Endorsement: 6 Page 1 of 1 119 GmATAmERICAN INSURANCE GROUP ECONOMIC AND TRADE SANCTIONS CLAUSE This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. Insured: SOUTH MIAMI CHILDREN'S CLINIC, INC. Policy Period: 6/12/2020 to 6/12/2021 Policy Number: EPP4565892 Countersigned by: Authorized Representative Endorsement Effective Date: 6/12/2020 IL 73 24 (Ed. 08/12) Endorsement: 7 Page 1 of 1 120 GREATAmERIcAN INSURANCE GROUP POLICYHOLDER DISCLOSURE OFFER OF TERRORISM COVERAGE The Terrorism Risk Insurance Act establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals as part of an effort to coerce the government or population of the United States. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage of that portion of the amount of such insured losses that exceeds the applicable insurer retention. The federal share percentage is dependent upon the calendar year and is shown in the Table below. Year Federal Share 2015 85% 2016 84% 2017 83% 2018 82% 2019 81% 2020 80% The Terrorism Risk Insurance Act, as amended in 2015, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. In accordance with the Terrorism Risk Insurance Act, we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The policy's other provisions will still apply to such an act. This coverage shall not apply to any commercial crime coverage that may be included in this policy. Terrorism coverage for acts of terrorism that are certified under the federal program as an act of terrorism is included for no additional premium. Nonetheless, if you would like to reject such Terrorism coverage, please provide Great American written confirmation of such, and an exclusion will be attached to your policy. DTD1S (02/15) 121 Employment Practices Risk Management Program Your Great American ExecPro® Policy gives you access to the following Jackson To access the Jackson Lewis Lewis Risk Management Program "hotline" or if you have further Jackson Lewis Hotline Service questions about the program, please call this toll -free number. National law firm Jackson Lewis is available for complimentary, confidential telephone consultation on basic workplace employment topics via the toll -free 1 (888) 544 8320 number. Through this "hotline", you can obtain guidance with respect to best practices for: • Preserving employment -at -will status • Managing medical leaves of absence Developing an open-door problem resolution procedure Executive Liability Division ' p � p p p tStS Woodfield Road, Suite Soo • Reporting and investigating allegation of harassment or discrimination Schaumburg, IL 6oi73 • Eligibility standards for overtime pay under the Fair Labor Standards Act and 847 33o 675o state laws 847 330 3750 Claims Fax • Developing a program to post opportunities for transfers and promotions to eldclaims@gaic.com avoid class action claims www.GreatAmericanELD.com • Other basic human resources issues Reducing Workplace Claims Guide Jackson Lewis LLP Via the "hotline" number, you can request a copy of Jackson Lewis' Reducing the Risk 58 South Service Road, Suite Oro Melville, 47 of Employment Practices Liability Claims Guide. This guide contains general 631247 0404 eext. 4722 ext. information about diverse workplace law issues such as: 631247 0425 or 631247 0417 fax • Legal basis for employment claims siegelp@jacksonlewis.com • Considerations in setting company policies and procedures m�ivJacksonLewisxom • Hiring process and pre -employment testing • Complying with the Family and Medical Leave Act • Conducting effective discharge and discipline • Addressing reports of harassment in the workplace • Maintaining personal records • Establishing a code of conduct to help prevent employee misconduct Preventive Strategies Newsletter Via the "hotline" number, you can subscribe to Jackson Lewis' complimentary national and regional e-bulletins, which provide regular analysis and commentary about _.egal, legislative and political developments that affect the law of the workplace. Jackson Lewis Training Session Educa-ional seminars and management training about compliance with federal equal employment laws and other risk management services are offered by Jackson Lewis to policyholders at a special rate. For further details, please call the "hotline" number. Special Rates Jackson Lewis will offer special billing rates to ExecPro® policyholders to assist in developing preventive practices, preparing employee handbooks and training supervisors. Great 4mencan Insurance Group, 301 E Fourth Street, Cincinnati. OH 45202. Insurance is underwritten by Great Ani Insurance Company. a licensed insurer in 50 states and DC. Great American Insurance Company is the owner of Ire'c&owing registered service marks the Great American Insurance Group eagle logo. and the word marks ExecPro. GREATA . �ERI^,k �r Great : tericanr. and Great American Insurance Group C2011 Great Amencan Insurance Company All rights reserved. YS(Yl l�tfl �. 134C--:-ELD (10111) INSURANCE GROUP GreatAmerican ELD.com Executive Liability Oivisi l22 GREATAm_ERICAN INSURANCE GROUP ExecPro Nonprofit Solution 123 Exe&ro Nonprofit Solution Great American Insurance Group — Executive Liability Division Headquarters: 301 E. Fourth Street, Cincinnati, Ohio 45202 Table of Contents I. Insuring Agreements........................................................................... Page 1 1 L Discovery Period................................................................................. Page 1 1111. Definitions...............................:........................................................... Page 2 IV. Exclusions........................................................................................... Page 5 V . Limit of Liability and Retention............................................................ Page 7 V I. Costs of Defense and Settlements...................................................... Page 8 V 11. Notice of Claim.................................................................................... Page 8 V I I I. Coverage Extensions.......................................................................... Page 9 (A) Spousal/Domestic Partner Provision .................................. Page 9 (B) Worldwide Provision....................................................... Page 9 (C) Estates and Legal Representatives ..................................... Page 9 (D) Donor Data Loss Crisis Fund ........................................... Page 9 Ix. General Conditions.............................................................................. Page 9 (A) Cancellation or Non -Renewal ................................................... Page 9 (B) Proposal Form......................................................................... Page 10 (C) Outside Entity Provision.......................................................... Page 10 (D) Order of Payments......................................................... Page 10 (E) Merger or Acquisition............................................................ Page 10 (F) Conversion to Run -Off Coverage ............................................. Page 11 (G) Action Against the Insurer........................................................ Page 11 (H) Subrogation............................................................................ Page 11 (1) Conformity to Law.................................................................... Page 11 (J) Assignment................................................................... Page 11 (K) Representative of the Insurer ................................................. Page 12 (L) Organization Represents Insured ....................................... Page 12 (M) Entire Agreement................................................................. Page 12 124 GREAT AMERICAN INSURANCE GROUP® Headquarters: 301 E. Fourth Street, Cincinnati, Ohio 45202 THIS IS A CLAIMS MADE AND REPORTED POLICY. READ IT CAREFULLY. In consideration of the payment of the premium and in reliance upon all statements made and information furnished to the company shown in the Declarations (a stock insurance company, hereinafter called the Insurer), including the statements made in the Proposal Form and subject to all terms, conditions and limitations of this Policy, the Insured and Insurer agree: Section I. Insuring Agreements A. If during the Policy Period or the Discovery Period any Claim is first made against any Insured Persons for a Wrongful Act, the Insurer shall pay on behalf of the Insured Persons, Loss and Costs of Defense resulting from such Claim, except for any Loss and Costs of Defense which the Organization or any Subsidiary actually pays as indemnification. B. If during the Policy Period or the Discovery Period any Claim is first made against any Insured Persons for a Wrongful Act, the Insurer shall pay on behalf of the Organization or any Subsidiary, Loss and Costs of Defense resulting from such Claim, but only to the extent the Organization or any Subsidiary is required or permitted by law to indemnify the Insured Persons. C. If during the Policy Period or the Discovery Period any Claim is first made against the Organization or any Subsidiary for a Wrongful Act, the Insurer shall pay on behalf of the Organization or any Subsidiary, Loss and Costs of Defense resulting from such Claim. The Insurer has the right and duty to defend any Claim to which this insurance applies, even if the allegations of such Claim are groundless, false or fraudulent. Section II. Discovery Period A. If this Policy is not renewed or is cancelled by the Insurer, for any reason other than non-payment of premium, then without any additional premium being required, the Organization shall receive an automatic ninety (90) day extension of the coverage granted by this Policy for Claims first made against an Insured, but only with respect to Wrongful Acts committed prior to the end of the Policy Period. This additional reporting period shall be referred to as the Automatic Discovery Period. In addition, if prior to the end of the Automatic Discovery Period, the Organization pays the Insurer an additional amount equal to forty (40%), seventy-five (75%), or one hundred (100%) percent of the annual premium of this Policy, the Organization shall receive an extension of the coverage granted by this Policy for an additional twelve (12), twenty-four (24), or thirty-six (36) months respectively from the end of the Automatic Discovery Period for Claims first made against an Insured, but only with respect to Wrongful Acts committed prior to the end of the Policy Period. This additional reporting period shall be referred to as the Discovery Period. The Organization has no right to purchase this Discovery Period at any later date or to elect more than one Discovery Period. B. If this Policy is not renewed or is cancelled by the Organization, and if no later than sixty (60) days after the end of the Policy Period the Organization pays the Insurer an additional amount equal to forty (40%), seventy-five (75%), or one hundred (100%) percent of the annual premium of this Policy, the Organization shall receive a Discovery Period for an additional twelve (12), twenty-four (24), or thirty-six (36) months respectively from the end of the Policy Period. The Organization has no right to purchase this Discovery Period at any later date or to elect more than one Discovery Period. D16100-G (01/09) 125 C. The fact that this Policy may be extended by virtue of the Automatic Discovery Period or Discovery Period shall not in any way increase the Limit of Liability stated in Item 3 of the Declarations. For purposes of the Limit of Liability, the Automatic Discovery Period and the Discovery Period is considered to be part of and not in addition to the last Policy Year. Section III. Definitions A. "Claim" shall mean: (1) a written demand for monetary or non -monetary (including injunctive) relief made against any Insured; (2) a civil proceeding, including any appeals therefrom made against any Insured seeking monetary or non -monetary (including injunctive) relief commenced by service of a complaint or similar pleading; (3) a criminal proceeding, including any appeals therefrom made against any Insured commenced by the return of an indictment or the filing of notice of charge or similar document, (4) a formal administrative proceeding, including any proceeding before the Equal Employment Opportunity Commission (EEOC) or any similar governmental body, made against any Insured commenced by the receipt of charges, formal investigative order, service of summons or similar document; (5) any arbitration, mediation or similar alternative dispute resolution proceeding if any Insured is obligated to participate in such proceeding; or (6) a written request to enter into an agreement to toll any applicable statute of limitation prior to the commencement of any judicial, administrative, regulatory or arbitration proceeding. In no event shall the term Claim include any labor or grievance proceeding which is subject to a collective bargaining agreement. & "Claimant" shall mean: (1) any past, present, and future Insured Persons or applicants for employment with the Organization or any Subsidiary; (2) a government entity or agency, including but not limited to the Equal Employment Opportunity Commission (EEOC) or any similar governmental body, when acting on behalf of or for the benefit of any individual in (1) above; or (3) all persons who were, now are, or shall be independent contractors, but only to the extent such individuals perform work or services for or on behalf of the Organization or any Subsidiary and only to the extent such individuals are indemnified by the Organization or any Subsidiary. C. "Costs of Defense" shall mean reasonable and necessary legal fees, costs and expenses incurred in the investigation or defense of any Claim, including the costs of any appeal or appeal bond, attachment bond or similar bond (but without any obligation on the part of the Insurer to apply for or furnish such bonds); provided, however, Costs of Defense shall not include: (1) salaries, wages, overhead or benefit expenses associated with any Insured Persons, and (2) any amounts incurred in defense of any Claim which any other insurer has a duty to defend, regardless of whether or not such other insurer undertakes such duty. D16100-G (01109) 2 126 D. "Employed Lawyer Legal Services" shall mean legal services provided by any Insured Personas an attorney, but only if such services are performed for the Organization or any Subsidiary and in the Insured Person's capacity with the Organization or any Subsidiary. Employed Lawyer Legal Services shall not include legal services rendered by any Insured Person for any third party. E. "Employment Practices Wrongful Act" shall mean any of the following acts related to employment, but only if alleged by or on behalf of a Claimant: (1) wrongful dismissal, discharge or termination of employment, whether actual or constructive; (2) misrepresentation; (3) violation of employment laws; (4) sexual or workplace harassment; (5) discrimination; (6) wrongful failure to employ or promote; (7) wrongful discipline; (8) wrongful deprivation of career opportunity including a wrongful failure to hire or promote; (9) failure to grant tenure; (10) negligent employee evaluation; (11) retaliation; (12) failure to provide adequate workplace or employment policies or procedures; (13) defamation (including libel and slander); (14) invasion of privacy; (15) wrongful demotion; (16) negligent reassignment; (17) violation of any federal, state or local civil rights laws; (18) negligent hiring; (19) negligent supervision; (20) negligent training; (21) negligent retention; or (22) acts described in (1) through (21) above arising from the use of the Organization's or Subsidiary's Internet, e-mail, telecommunication or similar systems, including the failure to provide and enforce adequate policies and procedures relating to such use of the Organization's or Subsidiary's Internet, e-mail, telecommunication or similar systems. F. "Financial Insolvency" shall mean the Organization becoming a Debtor in Possession, or the appointment of a receiver, conservator, liquidator, trustee, rehabilitator or similar official to control, supervise, manage or liquidate the Organization. G. "Insured" shall mean: (1) the Organization; (2) any Subsidiary; (3) in the event of Financial Insolvency, the resulting Debtor in Possession (or foreign equivalent status), if any; and (4) all Insured Persons. H. "Insured Persons" shall mean all persons who were, now are, or shall be directors, trustees, officers, regents, governors, members of the Board of Managers, employees, leased employees, temporary or seasonal employees, interns, student teachers, substitute teachers, teaching assistants, volunteers or staff members of the Organization or any Subsidiary, including any executive board members and committee members whether salaried or not. D16100-G (01/09) 127 "Loss" shall mean settlements, judgments, pre judgment and post judgment interest, front and back pay, compensatory damages, punitive or exemplary damages, the multiple portion of any multiplied damage award, and subject to the provisions of Section V and VI, Costs of Defense incurred by the Insured. Loss shall not include: (1) criminal or civil fines or penalties imposed by law, or taxes (except for the 10% "excess benefit" tax assessed by the Internal Revenue Service against any Insured Person pursuant to 26 USC Section 4958 (a)(2) ); (2) the value of tuition or scholarships, employment related benefits, stock options, perquisites, deferred compensation or any other type of compensation earned in the course of employment or the equivalent value thereof; and (3) any amounts which may be deemed uninsurable under the law pursuant to which this Policy shall be construed. It is understood and agreed that the enforceability of the foregoing coverage shall be governed by such applicable law which most favors coverage for compensatory, punitive, or exemplary damages or the multiple portion of any multiplied damage award. J. "Organization" shall mean the entity named in Item 1 of the Declarations. K "Outside Entity" shall mean any not -for -profit corporation, community chest, fund or foundation that is not included in the definition of Organization or Subsidiary and that is exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and any other entity organized for a religious or charitable purpose under any non-profit organization act or statute. L. "Personal Injury Wrongful Act" shall mean any actual or alleged invasion of privacy, wrongful entry, eviction, false arrest, false imprisonment, malicious prosecution, libel or slander. M. "Policy Year" shall mean the period of one year following the effective date and hour of this Policy or the period of one year following any anniversary date thereof falling within the Policy Period; or if the time between the effective date or any anniversary date and the termination of this Policy is less than one year, such lesser period. Any Discovery Period or Automatic Discovery Period shall be considered part of and not in addition to the last Policy Year. K "Policy Period" shall mean the period from the inception of this Policy to the expiration date stated in Item 2 of the Declarations or its earlier termination, if applicable. O. "Related Wrongful Acts" shall mean Wrongful Acts which are causally connected by reason of any common fact, circumstance, situation, transaction, casualty, event or decision. P. "Subsidiary" shall mean: (1) any entity which qualifies as a not -for -profit organization under the Internal Revenue Code, other than a political committee organized pursuant to Section 432 of the Federal Election Campaign Act of 1971 (and amendments thereto), and for which the Organization has or controls the right to elect or appoint more than fifty percent (50%) of the Board of Directors or other governing body of such entity as of the inception date of this Policy; (2) any similar entity which was created or acquired by the Organization after the inception date of this Policy, if the entity's total assets do not exceed thirty-five percent (35%) of the total consolidated assets of the Organization as of the inception date of this Policy; or D16100-G (01/09) 128 P a (3) any other entity added as a Subsidiary by written endorsement to this Policy. Coverage shall apply to a Subsidiary only for Wrongful Acts allegedly committed during the time such entity qualified as a Subsidiary. Q. "Third Party Wrongful Act" shall mean: (1) actual or alleged discrimination against a third party based upon such third party's race, color, religion, creed, age, sex, national origin, disability, pregnancy, HIV status, marital status, sexual orientation or preference, military status or other status protected pursuant to any applicable federal, state, or local statutory law; or (2) actual or alleged sexual harassment, including unwelcome sexual advances against, or requests for sexual favors of, a third party; or (3) actual or alleged civil rights violations against a third party related to (1) or (2) above. R. "Wrongful Act" shall mean: (1) any of the following by the Organization, and/or any Subsidiary, and/or any Insured Persons acting in their capacity with the Organization or a Subsidiary: (a) actual or alleged error, misstatement, misleading statement, act or omission, neglect or breach of duty; (b) actual or alleged error or omission in the rendering of or the failure to render Employed Lawyer Legal Services; (c) Employment Practices Wrongful Act; (d) Personal Injury Wrongful Act; or (e) Third Party Wrongful Act; (2) any matter claimed against any Insured Person solely by reason of their status with the Organization or any Subsidiary; or (3) any matter claimed against any Insured Person arising out of their service as directors, trustees, officers, regents, governors, or member of the Board of Managers of an Outside Entity, but only if such service is at the request of the Organization or any Subsidiary. Section IV. Exclusions This Policy does not apply to any Claim made against any Insured: A. brought about or contributed to by: (1) any Insured gaining any profit, advantage or remuneration to which they were not legally entitled; or (2) the deliberate fraudulent or criminal acts of any Insured; however, this exclusion shall not apply unless it is finally adjudicated such conduct in fact occurred, nor shall it apply to coverage provided under Insuring Agreement I.B.; B. to the extent it is insured in whole or in part by any other valid and collectible policy or policies, (except with respect to any excess beyond the amount or amounts of coverage under such other policy or policies), whether such other policy or policies are stated to be primary, contributory, excess, contingent, or otherwise. It is further understood and agreed that coverage for all Claims for Personal Injury Wrongful Acts shall be specifically excess of any similar coverage provided by the Organization's General Liability Policy. D16100-G (01/09) 5 129 •. 1 C. based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in anyway involving: (1) any Wrongful Act or Related Wrongful Act or any fact, circumstance or situation which has been the subject of any notice or Claim given under any other policy of which this Policy is a renewal or replacement; or (2) any civil, criminal, administrative or investigative proceeding involving any Insured pending as of or prior to the date stated in Item 8 of the Declarations, or any fact, circumstance or situation underlying or alleged in such proceeding; D. based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in any way involving: (1) bodily injury, sickness, disease or death of any person, assault or battery; (2) damage to or destruction of any tangible property or the loss of use of any tangible property; or (3) humiliation, mental anguish, or emotional distress; provided, however, that part (3) of this exclusion shall not apply to any Claim for an Employment Practices Wrongful Act, Personal Injury Wrongful Act, or Third Party Wrongful Act; E. for any actual or alleged violation by any Insured of the Employee Retirement Income Security Act of 1974, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act or any rules or regulations promulgated under these acts or any similar provisions of any federal, state, local or foreign law, except a Claim alleging retaliation for the exercise of any rights under such laws; F. for any Wrongful Act of any Insured Persons in their respective capacity as a director, officer, trustee, regent, governor, member of the Board of Managers, or equivalent position of an entity other than the Organization, any Subsidiary, or Outside Entity; G. based upon, arising out of, relating to, directly or indirectly resulting from or inconsequence of, or in any way involving actual or alleged seepage, pollution, radiation, emission, contamination or irritant of any kind, including but not limited to smoke, vapor, dust, fibers, mold, spores, fungi, germs, soot, fumes, acids, alkalis, asbestos, chemicals or waste of any kind, provided, however, this exclusion shall not apply to coverage provided under Insuring Agreement I.A.; H. by, or for the benefit of, or at the behest of the Organization or any Subsidiary or any entity which controls, is controlled by, or is under common control with the Organization or any Subsidiary, or any person or entity which succeeds to the interests of the Organization or any Subsidiary, provided, however, this exclusion shall not apply to any Claim brought by the receiver, conservator, liquidator, trustee, rehabilitator, examiner or similar official of the Organization, if any, in the event of Financial Insolvency; for any actual or alleged breach by the Organization or any Subsidiary of an express or implied contract, except for employment related obligations which would have attached absent such contract or agreement; J . other than Costs of Defense: (1) for any obligation of the Organization or any Subsidiary, as a result of a Claim, seeking relief or redress in any form other than money damages, including but not limited to any obligations of the Organization or any Subsidiary to modify any building or property; or D16100-G (01/09) 130 (2) for any obligation of the Organization or any Subsidiary to pay compensation earned by any Insured Person in the course of employment, but not paid by the Organization or any Subsidiary, including any unpaid salary, bonus, wages, severance pay, retirement benefits, vacation days or sick days, provided, however, this exclusion shall not apply to front pay and back pay; or (3) for any actual or alleged violation by any Insured of the Fair Labor Standards Act or any similar state or local law, provided, however, this shall not apply to the Equal Pay Act. Costs of Defense provided pursuant to this section, J.(3), shall be subject to the FLSA Defense Sublimit of Liability stated in Item 3(d) of the Declarations, if any; K. for any obligations under a worker's compensation, disability benefits, insurance benefits or unemployment compensation law, or any similar law; provided, however this exclusion shall not apply to a Claim for an Employment Practices Wrongful Act involving retaliation with regard to benefits paid or payable; L. for the performance of or failure to perform psychological, counseling, financial counseling/advisory, legal (except Employed Lawyer Legal Services), arbitration, insurance or investment advisory services or referrals, if brought by or on behalf of any individual and/or entity for whom such services were, now are, or shall be performed; M. based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in any way involving infringement of any patent or misappropriation of trade secrets, provided, however, this exclusion shall not apply to copyright or trademark infringement; With respect to this section of the Policy, no fact pertaining to or conduct by any Insured Person shall be imputed to any other Insured Person; and only facts pertaining to or conduct by any past, present, or future Executive Director, President, or Chairman of the Organization shall be imputed to the Organization or any Subsidiary to determine if coverage is available. Section V. Limits of Liability and Retention A. The Insurer shall be liable to pay one hundred percent (100%) of Loss in excess of the Retention stated in Item 4 of the Declarations. The Insurer's maximum Limit of Liability for the aggregate amount of Loss resulting from all Claims deemed to have been made in a Policy Year shall be shown in Item 3 of the Declarations. B. One Retention shall apply to each and every Claim. More than one Claim involving the same Wrongful Act or Related Wrongful Acts of one or more Insureds shall be considered a single Claim, and only one Retention shall be applicable to such single Claim. All such Claims, constituting a single Claim, shall be deemed to have been made on the earlier of the following dates: (1) the earliest date on which any such Claim was first made; or (2) the earliest date on which any such Wrongful Act or Related Wrongful Act was reported under this Policy or any other policy providing similar coverage. C. Costs of Defense incurred by the Insurer shall be in addition to the Limit of Liability, and such Costs of Defense shall not be subject to the Retention amount. If Costs of Defense are incurred by the Insured with the Insurer's consent, such Costs of Defense shall be considered Loss and thus subject to the Limit of Liability and Retention. D. With respect to all Claims deemed to have been made in a Policy Year, should the Limit of Liability be exhausted by payment of Loss resulting from one or more of such Claims, the Insurer's duty to defend shall cease and any and all obligations of the Insurer hereunder shall be deemed to be completely fulfilled and extinguished and the Insurer shall have no further obligations. D16100-G (01i09) 131 For the purposes of the application of the Retention, Loss applicable to Insuring Agreement I.B. includes that for which indemnification is legally permissible, regardless of whether actual indemnification is granted. The certificate of incorporation, charter or other organizational document of the Organization, including by-laws and resolutions, shall be deemed to require indemnification and advancement of Loss to the Insured Persons to the fullest extent permitted by law. Section VI. Costs of Defense and Settlements A. The Insureds shall not incur Costs of Defense, or admit liability, offer to settle, or agree to any settlement in connection with any Claim without the express written consent of the Insurer, which consent shall not be unreasonably withheld. The Insureds shall provide the Insurer with full cooperation and all information and particulars it may reasonably request in order to reach a decision as to such consent. Any Loss resulting from any admission of liability, agreement to settle, or Costs of Defense incurred prior to the Insurer's consent shall not be covered hereunder. BL The Insurer has the right to investigate and settle any Claim as it deems expedient. If the Insurer recommends a settlement and the Insured refuses to consent thereto, the Insurer's liability for such Claim is limited to the amount in excess of the Retention, which the Insurer would have contributed had the Insured consented to the settlement, the Costs of Defense covered by the Policy and incurred prior to the date of such refusal to settle, and seventy percent (70%) of any additional covered Loss, including Costs of Defense, incurred subsequent to such refusal and subject to the Limit of Liability. If the Insured refuses to consent to a settlement as contemplated above, Costs of Defense shall be subject to the Retention. Section VII. Notice of Claim A. The Insureds shall, as a condition precedent of their rights under this Policy, give the Insurer notice in writing of any Claim made during the Policy Period. Such notice shall be given as soon as practicable after the date the President, Executive Director, Chief Financial Officer, General Counsel, or person with equivalent responsibility has knowledge of the Claim, and in no event later than ninety (90) days after the end of the Policy Year. B. If during the Policy Period or Discovery Period, any Insured first becomes aware of a specific Wrongful Act and gives notice to the Insurer of: (1) the specific Wrongful Act; (2) the injury or damage which has or may result therefrom; and (3) the circumstances by which the Insured first became aware thereof; then any Claim arising out of such Wrongful Act which is subsequently made against the Insured shall be deemed to have been made at the time the Insurer received such written notice from the Insured. C. In addition to furnishing the notice as provided in Section VII A or B, the Insured shall, as soon as practicable, provide the Insurer with copies of reports, investigations, pleadings and other documents in connection therewith, and shall provide all information, assistance and cooperation which the Insurer reasonably requests and do nothing to prejudice the Insurer's position or its potential or actual rights of recovery. D. - Notice to the Insurer as provided in Section VII A or B shall be emailed to ELDClaims@gaig.com or mailed to. GREAT AMERICAN INSURANCE GROUP, EXECUTIVE LIABILITY DIVISION, CLAIMS DEPARTMENT, P.O. BOX 66943, CHICAGO, IL 60666. D16100-G (01109) 8 132 a Section Vill. Coverage Extensions A. Spousal/Domestic Partner Provision The coverage provided by this Policy shall also apply to the lawful spouse or "Domestic Partner" of any Insured Person, but only for Claims arising out of any actual or alleged Wrongful Acts of any Insured Person. The term "Domestic Partner" shall mean any natural person qualifying as a domestic partner under the provisions of any applicable federal, state or local law. B. Worldwide Provision The coverage provided under this Policy shall apply worldwide. The term Insured Persons is deemed to include individuals who serve in equivalent positions in foreign Subsidiaries. C. Estates and Legal Representatives The coverage provided by this Policy shall also apply to the estates, heirs, legal representatives, or assigns of any Insured Persons in the event of their death, incapacity or bankruptcy, but only for Claims arising out of any actual or alleged Wrongful Acts of any Insured Persons. D. Donor Data Loss Crisis Fund The Insurer shall, subject to prior written consent, reimburse the Organization reasonable expenses incurred to hire an image consulting company for the purpose of reducing damage to reputation suffered by the Organization or any Subsidiary arising from donor information that is lost or stolen during the Policy Period and reported to the Insurer pursuant to the terms of this Policy, not to exceed the Donor Data Loss Crisis Fund Sublimit of Liability stated in Item 3(b) of the Declarations, if any. No Retention shall apply to this coverage extension. Section IX. General Conditions A. Cancellation or Non -Renewal (1) This Policy may be cancelled by the Organization at any time by written notice to the Insurer. In the event the Organization cancels this Policy for reasons other than the downgrade of the Insurer's rating by A.M. Best, the Insurer shall retain the customary short rate portion of the premium. However, if the Organization cancels the Policy due to a downgrade of the Insurer's rating to below [A-] by A.M. Best, the Insurer shall refund any unearned premium on a pro rata basis. Payment of any unearned premium by the Insurer shall not be a condition precedent of the effectiveness of cancellation but such payment shall be made as soon as practicable. (2) This Policy will only be cancelled by the Insurer if the Organization does not pay the premium when due. (3) If the Insurer elects not to renew this Policy, the Insurer shall provide the Organization with at least sixty (60) days advance notice thereof. D16100-G (01/09) 133 B. C. Da E. Proposal Form It is agreed the particulars and statements contained in Proposal Forms submitted to the Insurer (and any material submitted therewith) are the representations of the Insured and are to be considered as incorporated in and constituting part of this Policy. It is also agreed this Policy is issued in reliance upon the truth of such representations. However, coverage shall not be excluded as a result of any untrue statement in the Proposal Form, except: (1) as to any Insured Person making such untrue statement or having knowledge of its falsity; or (2) as to the Organization and any Subsidiary, if the person(s) who signed the Proposal Form(s) for this coverage or any Insured Person who is or was a past, present or future Chief Financial Officer, President, or Executive Director of the Organization made such untrue statement or had knowledge of its falsity. In no event shall Insuring Agreement I.A. of this Policy be rescinded by the Insurer. Outside Entity Provision In the event a Claim is made against any Insured Persons arising out of their service as a director, officer, trustee, regent, governor, or member of the Board of Managers of an Outside Entity, coverage as may be afforded under this Policy shall be excess of any indemnification provided by the Outside Entity and any insurance provided to the Outside Entity which covers its directors, trustees, officers, regents, governors, member of the Board of Managers, or natural person general partners. In the event Great American Insurance Group provides Directors' and Officers' Liability Insurance for the Outside Entity, all Loss incurred from all Claims submitted under this Policy and the Outside Entity's Policy (hereinafter referred to as Respective Policy(ies)), arising out of Related Wrongful Acts, shall be considered a single Loss and the maximum annual aggregate Limit of Liability shall not exceed, under the Respective Policies, the higher Limit of Liability between the Respective Policies, such Limit of Liability being part of, and not in addition to, the Limits of Liability of the Respective Policies previously referenced. Order of Payments In the event of Loss arising from a covered Claim for which payment is due under the provisions of this Policy. the Insurer shall first, pay Loss for which coverage is provided under Insuring Agreement I.A. of this Policy; and thereafter with respect to whatever remaining amount of the Limit of Liability is available after such payment, pay such other Loss for which coverage is provided under any other applicable Insuring Agreements in Section I of this Policy. Merger or Acquisition If, during the Policy Period, the Organization acquires the assets of another entity, by merger or otherwise, and the acquired assets of such other entity exceed thirty-five percent (35%) of the assets of the Organization as of the inception date of the Policy, written notice thereof shall be given to the Insurer as soon as practicable, but in no event later than ninety (90) days from the effective date of the transaction, together with such information as the Insurer may request. Premium adjustment and coverage revisions shall be effected as may be required by the Insurer. D16100-G (01/09) 10 134 F. Conversion to Run -Off Coverage If prior to the end of the Policy Period, the Organization merges into another organization and the Organization is not the surviving entity, another organization or person acquires the right to elect or appoint more than fifty percent (50%) of the Board of Directors or other governing body of the Organization, or the Organization ceases to qualify as a not -for -profit organization under any federal, provincial and territorial legislation and/or the Internal Revenue Code (such events hereinafter referred to as Transaction), then: (1) the Organization must give written notice of such Transaction to the Insurer within thirty (30) days after the effective date of such Transaction, and provide the Insurer with such information as the Insurer may deem necessary; and (2) this Policy, including the Discovery Period if elected, shall apply, but only with respect to any Wrongful Act committed prior to the effective date of such Transaction. G. Action Against the Insurer (1) No action shall be taken against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this Policy, and until the Insured's obligation to pay shall have been finally determined by an adjudication against the Insured or by written agreement of the Insured, those filing the claim, and the Insurer. (2) No person or organization shall have any right under this Policy to join the Insurer as a party to any Claim against any Insured nor shall the Insurer be impleaded by any Insured or their legal representative in any such Claim. H. Subrogation In the event of payment under this Policy, the Insurer shall be subrogated to all the Insureds' rights of recovery. The Insureds shall do everything necessary to secure such rights, including the execution of such documents necessary to enable the Insurer to effectively bring suit in the name of any Insured. In no event, however, shall the Insurer exercise its rights to subrogation against an Insured Person under this Policy unless, such Insured Person: (1) has been convicted of a deliberate criminal act, or (2) has been determined by a final adjudication adverse to the Insured Person to have committed a deliberate fraudulent act, or to have obtained any profit, advantage or remuneration to which such Insured Person was not legally entitled. In the event the Insurer shall for any reason pay indemnifiable Loss on behalf of an Insured Person, the Insurer shall have the contractual right hereunder to recover from the Organization or any Subsidiary the amount of such Loss equal to the amount of the Retention not satisfied by the Organization or any Subsidiary and shall be subrogated to rights of the Insured Persons hereunder. I. Conformity to Law Any terms of this Policy which are in conflict with the terms of any applicable laws are hereby amended to conform to such laws. J. Assignment Assignment of interest under this Policy shall not bind the Insurer until its consent is endorsed hereon. D16100-G (01 /09) 11 135 K. L N. Representative of the Insurer Great American Insurance Group, Executive Liability Division, Post Office Box 66943, Chicago, Illinois, 60666 shall act on behalf of the Insurer for all purposes including, but not limited to, the giving and receiving of all notices and correspondence. Organization Represents Insured By acceptance of this Policy, the Organization shall be designated to act on behalf of the Insureds for all purposes including, but not limited to, giving and receiving of all notices and correspondence, the cancellation or non -renewal of this Policy, the payment of premiums, and the receipt of any return premiums that may be due under this Policy. Entire Agreement By acceptance of this Policy, the Insured and the Insurer agree that this Policy (including the Proposal Forms submitted to the Insurer and any materials submitted therewith) and any written endorsements attached hereto constitute the entire agreement between the parties. Ir witness whereof the Insurer has caused this Policy to be signed by its President and Secretary and countersigned, if required, on the Declarations page by a duly authorized agent of the Insurer. President GREAT AMERICAN INSURANCE COMPANr Secretary D16100-G (01/09) 12 136 1) Nationwide' Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza - Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Drive - Scottsdale, Arizona 85258 1-800-423-7675 - A Stock Company In Witness Whereof, the Company has caused this policy to be executed and attested. ' r 4. Secretary President The information contained herein replaces any similar information contained elsewhere in the policy. UTS-COVPG 0-16) INSURED 137 Ins ired's Name: South Miami Children's Clinic, Inc. Policy#: CPS3337236 Policy Dates: From: 04/23/2020 To: 04/23/2021 Surplus Lines Agent's Name: James A Gresham Surplus Lines Agent's Physical Address: _1 Gresham Landing, Stockbridge, GA 30281 Surplus Lines Agent's License #: A104376 PrcducingAgent's Name: AprII Watson PrcducingAgent's Physical Address: 1211 N. Third St. Jacksonville Beach FL 32250 THIS INSURANCE IS ISSUED PURSUANT TOTHE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER. SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. Po icy Premium: $1,245.00 Inspection Fee: Tax: $67.25 EMIPASurcharge: $4.00 Surplus Lines Agent's Countersignature: Policy Fee: $100.00 Service Fee: $0.81 Citizen's Assessment: FHCF Assessment: THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. THIS POLICY CONTAINS A CO -PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. i]G 3/3D36 138 /"n MMnAI 0^1 I "V nC/ l AOA"^KIC Renewal of CPS2951138 Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Drive • Scottsdale, Arizona 85258 1-800-423-7675 • A STOCK COMPANY ITEM 1. Named Insured and Mailing Address SOUTH MIAMI CHILDREN'S CLINIC, INC. 6701 SOUTHWEST 58TH PLACE NO FLAT CANCELLATION SOUTH MIAMI. FL 33143 Agent Name and Address AMWINS ACCESS INS. SERVICES, LLC 7108 FAIRWAY DRIVE, SUITE 200 PALM BEACH GARDENS, FL 33418 Policy Number CPS3337236 Agent No.: 09012 Program No.: Al ITEM 2. Policy Period From: 04/23/2020 To: 04/23/2021 Term: 365 DAYS 12:01 A.M., Standard Time at the mailing address shown in ITEM 1. Business Description: NON PROFIT CHILDREN' S CLINIC In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Commercial General Liability Coverage Part Commercial Property Coverage Part Commercial Crime And Fidelity Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Professional Liability Coverage Part Premium Summary $ NOT COVERED $ NOT COVERED $ NOT COVERED $ NOT COVERED $ NOT COVERED Total Policy Premium: $ 1,245.00 SERVICE FEE $ 100.00 SURPLUS LINES TAX $ 67.25 STAMPING FEE $ .81 DEM EMP $ 4.00 $ Policy Total: $ 1,417.06 Forms) and Endorsement(s) made a part of this policy at time of issue: SEE SCHEDULE OF FORMS AND ENDORSEMENTS AMWINS ACCESS INS. SERVICES, LLC 7108 FAIRWAY DRIVE, SUITE 200 PALM BEACH GARDENS, FL 33418 Aho/omn _ rrt�/vn_ THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART(S), COVERAGE FORM(S) AND FORM(S) AND ENDORSEMENT(S), IF ANY, COMPLETE THE ABOVE NUMBERED POLICY. OPS-D-1 (1-17) INSURED Natiomvide 139 SCOTTSDALE INSURANCE COMPANY SCHEDULE OF FORMS AND ENDORSEMENTS Policy No. CPS3337236 Effective Date: 04/23/2020 12:01 A.M., Standard Time Named Insured SOUTH MIAMI CHILDREN ' S CLINIC, INC. Agent No. UTS-COVPG 1-16 OPS-D-1 1-17 UTS-SP-2 12-95 UTS-SP-3 8-96 IL 00 17 11-98 IL 09 53 1-15 UTS-9g 5-96 UTS-491 1-19 UTS-496 6-19 CPS-SD-1 2-19 CP 00 10 10-12 CP 00 90 7-88 CP 01 40 7-06 CP 10 30 9-17 CP 10 54 6-07 CP 12 11 9-17 CP 12 18 10-12 CFS-68s-FL 1-12 CFS-103-FL 1-16 IL 04 01 2-12 UTS-29-FL 6-97 NOTX0178CW 3-16 NOTX0423CW 2-15 NOTS0381FL 7-09 09012 Cover Page Common Policy Declarations Schedule Of Forms and Endorsements Locations Schedule Common Policy Conditions Excl-Certified Acts Terrorism Service Of Suit Clause Assignment Of Claim Benefits Minimum Earned Cancellation Premium Property Supplemental Dec Building & Personal Prop Cov Property Conditions Excl Of Loss Due To Virus Or Bacteria Causes Of Loss -Special Form Windstorm Or Hail Excl Burglary -Robbery Protective Safeguards Loss Payable Provisions FL -Changes FL -Sewer Or Drain Definition Endorsement FL -Sinkhole Loss Coverage FL-Cancel-Nonrenew Claim Reporting Information Notice Of Terrorism Ins Cov FL -Policyholder Notice IlTS-SP-2 11 21-95) INSURED utssp2j . 140 ' ' a POLICY NUMBER: CPS3337236 IL 09 53 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph C) applies to property located in the following state(s), if covered under the indicated Coverage Form, Coverage Part or Policy: State(s) Coverage Form, Coverage Part Or Policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following definition is added with respect to the provisions of this endorsement: "Certified act of terrorism" means an act that is cer- tified by the Secretary of the Treasury, in accor- dance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pur- suant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is danger- ous to human life, property or infrastructure and is committed by an individual or individ- uals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The following exclusion is added: CERTIFIED ACT OF TERRORISM EXCLUSION We will not pay for loss or damage caused directly or indirectly by a "certified act of terrorism". Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. C. Exception Covering Certain Fire Losses The following exception to the exclusion in Para- graph B. applies only if indicated and as indicated in the Schedule of this endorsement. If a "certified act of terrorism" results in fire, we will pay for the loss or damage caused by that fire. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insur- ance provided under Business Income and/ or Ex- tra Expense coverage forms or endorsements which apply to those forms, or to the Legal Liability Coverage Form or the Leasehold Interest Cover- age Form. IL 09 53 0115 Copyright, Insurance Services Office, Inc., 2015 Page 1 of 2 INSURED i109530115. fap 143 If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terror- ism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation, in accordance with procedures es- tablished by the Secretary of the Treasury. D. Application Of Other Exclusions The terms and limitations of any terrorism exclu- sion, or the inapplicability or omission of a terror- ism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses ex- cluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2015 IL 09 53 01 15 144 J � SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING APART OF (12:01 A M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Company to pay any amount claimed to be due under this policy, the Company at the request of the Insured (or reinsured), will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements neces- sary to give the Court jurisdiction. All matters which arise will be determined in accordance with the law and practice of the Court. In a suit instituted against any one of them under this contract, the Company agrees to abide by the final decision of the Court or of any Appellate Court in the event of an appeal. Pursuant to any statute of any state, territory or district of the United States of America which makes a provision, the Company will designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding insti- tuted by or on behalf of the Insured (or reinsured) or any beneficiary arising out of this contract of insurance (or reinsurance). The officer named below is authorized and directed to accept service of process on behalf of the Com- pany: CHIEF FINANCIAL OFFICER DEPT. FINANCIAL SERVICES 200 E. GAINES ST. TALLAHASSEE, FL 32399-0300 Having accepted service of process on behalf of the Company, the officer is authorized to mail the pro- cess or a true copy to: RECIPIENT NOT REQUIRED AUTHORIZED REPRESENTATIVE DATE UTS-9g (5-96) INSURED uts9gc. fap 145 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING APART OF (12.'01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CP53337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASSIGNMENT OF CLAIM BENEFITS The following Condition is added: ASSIGNMENT OF CLAIM BENEFITS No assignment of claim benefits, regardless of whether made before or after loss, shall be valid without the written consent of: 1. All named insureds; 2. All additional insureds; 3. All mortgagees; 4. All lienholders; and 5. Any other person or entity; named in this policy and entitled to payment. AUTHORIZED REPRESENTATIVE UTS-491 (1-19) Page 1 of 1 INSURED DATE OAS Nationwide 146 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED CANCELLATION PREMIUM The following provision is added to the Cancellation Condition: If You request cancellation of this policy, We will retain not less than 2 5 %- of the premium. UTS496 (6-19) AUTHORIZED REPRESENTATIVE Page 1 of 1 INSURED DATE [A Nationwide 147 Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Drive • Scottsdale, Arizona 85258 1-800-423-7675 • A Stock Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy Number: CPS3337236 Effective Date: 04/23/2020 (12:01 A.M. Standard Time) Named Insured: Co1TTH MTAMT rHTT.DRRN,C rT.TNTr, INC Agent Number: Item 1. Business Description: NON PROFIT CHILDREN' S CLINIC Item 2. Premises Described: See Schedule of Locations Item 3. $500 Deductible unless otherwise indicated. Item 4. Coverages Provided: Prem. No. Bldg. No. Coverage Limitof Insurance Covered Causes of Loss Coins. 1 1 BUILDING $ 400,000 SPECIAL FULL THEFT 90 % Construction: JOISTED MASONRY El Agreed Value: Expires: ❑ Business Income: Monthly Limit: Maximum Period: Policy Deductible: $1, 000 ❑ Reporting: Year Built: 2001 No. of Stories: 1 ® Replacement Cost: Extended Period: ❑ Inflation Guard: % Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount: Amount: Amount: Prem. No. Bldg. No. Coverage Limit of Insurance Covered Causes of Loss Coins. 1 1 BUSINESS PERSONAL PROPERTY $ 30,000 SPECIAL FULL THEFT 90 % Construction: JOISTED MASONRY ❑ Agreed Value: Expires: ❑ Business Income: Monthly Limit: Maximum Period: Policy Deductible: $1, 000 ❑ Reporting: Year Built: 2001 No. of Stories: 1 ® Replacement Cost: Extended Period: ❑ Inflation Guard: Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount: Amount: Amount: CPS-SD-1 (2-19) Page 1 of 2 INSURED MAI Nationwlde �n 148 POLICY NUMBER: CPS3337236 IL 09 53 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph C) applies to property located in the following state(s), if covered under the indicated Coverage Form, Coverage Part or Policy: State(s) Coverage Form, Coverage Part Or Policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following definition is added with respect to the provisions of this endorsement: "Certified act of terrorism" means an act that is cer- tified by the Secretary of the Treasury, in accor- dance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pur- suant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is danger- ous to human life, property or infrastructure and is committed by an individual or individ- uals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The following exclusion is added: CERTIFIED ACT OF TERRORISM EXCLUSION We will not pay for loss or damage caused directly or indirectly by a "certified act of terrorism". Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. C. Exception Covering Certain Fire Losses The following exception to the exclusion in Para- graph B. applies only if indicated and as indicated in the Schedule of this endorsement. If a "certified act of terrorism" results in fire, we will pay for the loss or damage caused by that fire. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insur- ance provided under Business Income and/or Ex- tra Expense coverage forms or endorsements which apply to those forms, or to the Legal Liability Coverage Form or the Leasehold Interest Cover- age Form. IL 09 53 01 15 Copyright, Insurance Services Office, Inc., 2015 INSURED Page 1 of 2 il09530115.fap 143 If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terror- ism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation. in accordance with procedures es- tablished by the Secretary of the Treasury. D. Application Of Other Exclusions The terms and limitations of any terrorism exclu- sion, or the inapplicability or omission of a terror- ism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses ex- cluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2015 IL 09 53 0115 144 J � SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND FORMING APART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT NO. POUCY NUMBER (12:01 A.M. STANDARD TIME) CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Company to pay any amount claimed to be due under this policy, the Company at the request of the Insured (or reinsured), will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements neces- sary to give the Court jurisdiction. All matters which arise will be determined in accordance with the law and practice of the Court. In a suit instituted against any one of them under this contract, the Company agrees to abide by the final decision of the Court or of any Appellate Court in the event of an appeal. Pursuant to any statute of any state, territory or district of the United States of America which makes a provision, the Company will designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding insti- tuted by or on behalf of the Insured (or reinsured) or any beneficiary arising out of this contract of insurance (or reinsurance). The officer named below is authorized and directed to accept service of process on behalf of the Com- pany: CHIEF FINANCIAL OFFICER DEPT. FINANCIAL SERVICES 200 E. GAINES ST. TALLAHASSEE, FL 32399-0300 Having accepted service of process on behalf of the Company, the officer is authorized to mail the pro- cess or a true copy to: RECIPIENT NOT REQUIRED AUTHORIZED REPRESENTATIVE DATE UTS-9g (5-96) INSURED uts9gc. fap 145 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (11;01 A.M. STANDARD TIME) NAMED INSURED AGENT NO, POL,CY NUMBER CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASSIGNMENT OF CLAIM BENEFITS The following Condition is added: ASSIGNMENT OF CLAIM BENEFITS No assignment of claim benefits, regardless of whether made before or after loss, shall be valid without the written consent of: 1. All named insureds; 2. All additional insureds; 3. All mortgagees; 4. All lienholders; and 5. Any other person or entity; named in this policy and entitled to payment. Fl AUTHORIZED REPRESENTATIVE UTS-491 (1-19) Page 1 of 1 INSURED DATE Nationwide' 146 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING APART OF (12'01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED CANCELLATION PREMIUM The following provision is added to the Cancellation Condition: If You request cancellation of this policy, We will retain not less than _ 2 5 % of the premium. UTS496 (6-19) AUTHORIZED REPRESENTATIVE Page 1 of 1 INSURED DATE 11 Nationwide 147 Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Drive • Scottsdale, Arizona 85258 1-800-423-7675 • A Stock Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy Number: CPS3337236 Effective Date: 04/23/2020 (12:01 A.M. Standard Time) Named Insured: SOUTH MTAMT CHTT,nRF.N' S r'T.TNTC TNC Agent Number: Item 1. Business Description: NON PROFIT CHILDREN' S CLINIC Item 2. Premises Described: See Schedule of Locations Item 3. $500 Deductible unless otherwise indicated. Item 4. Coverages Provided: Prem. No. Bldg. No. Coverage Limit of Insurance Covered Causes of Loss Coins 1 1 BUILDING $ 400,000 SPECIAL FULL THEFT 90 % Construction: JOISTED MASONRY ❑ Agreed Value: Expires: ❑ Business Income: Monthly Limit: Maximum Period: Policy Deductible: $1, 000 ❑ Reporting: Year Built: 2001 No. of Stories: 1 ® Replacement Cost: Extended Period: ❑ Inflation Guard: % Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount: Amount: Amount: Prem. No. Bldg. No. Coverage Limitof Insurance Covered Causes of Loss Coins. 1 1 BUSINESS PERSONAL PROPERTY $ 30,000 SPECIAL FULL THEFT 90 Construction: JOISTED MASONRY ❑ Agreed Value: Expires: ❑ Business Income: Monthly Limit: Maximum Period: Policy Deductible: $1. 000 ❑ Reporting: Year Built: 2001 No. of Stories: 1 ® Replacement Cost: Extended Period: ❑ Inflation Guard: % Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount: Amount: Amount: Nationwide CPS-SD-1 (2-19) Page 1 of 2 INSURED m Underwritten by: Scottsdale Insurance Company Home Office: One Nationwide Plaza - Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Drive - Scottsdale, Arizona 85258 1-800-423-7675 - A Stock Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL DECLARATIONS (continued) Policy Number: CPS3337236 _ Effective Date: 04/23/2020 (12:01 A.M. Standard Time) Named Insured: SOUTH MIAMI CHILDREN I S CLINIC, INC Agent Number: 09012 Prem. No. Bldg. No. Coverage Limit of Insurance Covered Causes of Loss Coins. Construction: ❑ Agreed Value: ❑ Business Income: Monthly Limit: Policy Deductible: Expires: Maximum Period: ❑ Reporting: Year Built: No. of Stories: ❑ Replacement Cost: Extended Period: ❑ Inflation Guard: % Special Deductibles Wind or Hail Named Storm Earthquake Form: Form: Form: Amount: Amount: Amount: SPECIAL PROVISIONS (if any): Item S. Forms and Endorsements Form(s) and Endorsement(s) made part of this policy at the time of issue: See Schedule of Forms and Endorsements THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON POLICY DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENT(S), IF ANY, COMPLETE THE ABOVE -NUMBERED POLICY. MAW Nationwide CPS-SD-1(2-19) Page 2 of 2 149 it I COMMERCIAL PROPERTY CP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words 'time "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions. A. Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Cov- ered Cause of Loss. 1. Covered Property Covered Property, as used in this Coverage Part, means the type of property described in this section, Al., and limited in A.2. Property Not Covered, if a Limit of Insurance is shown in the Declarations for that type of property. a. Building, meaning the building or struc- ture described in the Declarations, including: (1) Completed additions; (2) Fixtures, including outdoor fixtures; (3) Permanently installed: (a) Machinery and (b) Equipment; (4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including: (a) Fire -extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (5) If not covered by other insurance: (a) Additions under construction, al- terations and repairs to the build- ing or structure; (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making addi- tions, alterations or repairs to the building or structure. b. Your Business Personal Property con- sists of the following property located in or on the building or structue described in the Declarations or in the open (or in a vehicle) within 100 feet of the building or structure or within 100 feet of the premises de- scribed in the Declarations, whichever dis- tance is greater. (1) Furniture and fixtures; (2) Machinery and equipment; (3) "Stock`; (4) All other personal property owned by you and used in your business; (5) Labor, materials or services furnished or arranged by you on personal prop- erty of others; (6) Your use interest as tenant in improve- ments and betterments. Improve- ments and betterments are fixtures, alterations, installations or additions: (a) Made a part of the building or structure you occupy but do not own; and (b) You acquired or made at your ex- pense but cannot legally remove; (7) Leased personal property for which you have a contractual responsibility to insure, unless otherwise provided for under Personal Property Of Others. c. Personal Properly Of Others that is: (1) In your care, custody or control; and (2) Located in or on the building or structure described in the Declarations or in the open (or in a vehicle) within 100 feet of the of the building or struc- ture or within 100 feet of the premises described in the Declarations, which- ever distance is greater. CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 16 INSURED 150 2. However, our payment for loss of or dam- age to personal property of others will only be for the account of the owner of the property. Property Not Covered Covered Property does not include: a. Accounts, bills, currency, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; b. Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings; c. Automobiles held for sale; d. Bridges, roadways, walks, patios or other paved surfaces; e. Contraband, or property in the course of il- legal transportation or trade; f. The cost of excavations, grading, backfill- ing or filling; g. Foundations of buildings, structures, ma- chinery or boilers if their foundations are below: (1) The lowest basement floor; or (2) The surface of the ground, if there is no basement; h. Land (including land on which the property is located), water, growing crops or lawns (other than lawns which are part of a vege- tated roof); L Personal property while airborne or waterborne; j. Bulkheads, pilings, piers, wharves or docks; k. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, ex- cept for the excess of the amount due (whether you can collect on it or not) from that other insurance; I. Retaining walls that are not part of a building; m. Underground pipes, flues or drains; n. Electronic data, except as provided under the Additional Coverage, Electronic Data. Electronic data means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including sys- tems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the op- erations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. This para- graph, n., does not apply to your "stock" of prepackaged software, or to electronic data which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or se- curity system; o. The cost to replace or restore the informa- tion on valuable papers and records, in- cluding those which exist as electronic data. Valuable papers and records include but are not limited to proprietary infor- mation, books of account, deeds, manu- scripts, abstracts, drawings and card index systems. Refer to the Coverage Ex- tension for Valuable Papers And Records (Other Than Electronic Data) for limited coverage for valuable papers and records other than those which exist as electronic data; p. Vehicles or self-propelled machines (in- cluding aircraft or watercraft) that: (1) Are licensed for use on public roads; or (2) Are operated principally away from the described premises. This paragraph does not apply to: (a) Vehicles or self-propelled ma- chines or autos you manufacture, process or warehouse; Page 2 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 151 (b) Vehicles or self-propelled ma- (d) Remove property of others of a chines, other than autos, you hold type that would not be Covered for sale; Property under this Coverage (c) Rowboats or canoes out of water Form; at the described premises; or (e) Remove deposits of mud or earth (d) Trailers, but only to the extent from the grounds of the described provided for in the Coverage Ex- premises; tension for Non -owned Detached (f) Extract "pollutants" from land or Trailers; water; or q. The following property while outside of (g) Remove, restore or replace pol- buildings: luted land or water. (1) Grain, hay, straw or other crops; (3) Subject to the exceptions in Para- (2) Fences, radio or television antennas graph (4), the following provisions (including satellite dishes) and their apply: lead-in wiring, masts or towers, trees, (a) The most we will pay for the total shrubs or plants (other trees, shrubs of direct physical loss or damage or plants which are "stock" or are part plus debris removal expense is the of a vegetated roof), all except as pro- Limit of Insurance applicable to vided in the Coverage Extensions. the Covered Property that has 3. Covered Causes Of Loss sustained loss or damage. See applicable Causes Of Loss form as shown (b) Subject to (a) above, the amount in the Declarations. we will pay for debris removal ex- 4. Additional Coverages pense is limited to 25% of the sum of the deductible plus the amount a. Debris Removal that we pay for direct physical loss (1) Subject to Paragraphs (2), (3) and (4), or damage to the Covered Prop - we will pay your expense to remove erty that has sustained loss or debris of Covered Property and other damage. However, if no Covered debris that is on the described prem- Property has sustained direct ises, when such debris is caused by physical loss or damage, the most or results from a Covered Cause of we will pay for removal of debris Loss that occurs during the policy pe- of other property (if such removal riod. The expenses will be paid only if is covered under this Addi- they are reported to us in writing within tional Coverage) is $5,000 at each 180 days of the date of direct physical location. loss or damage. (4) We will pay up to an additional (2) Debris Removal does not apply to $25,000 for debris removal expense, costs to: for each location, in any one occur - rence of physical loss or damage to (a) Remove debris of property of Covered Property, if one or both of the yours that is not insured under following circumstances apply: this policy, or property in your possession that is not Covered (a) The total of the actual debris re - Property; moval expense plus the amount (b) Remove debris of property owned we pay for direct physical loss or damage exceeds the Limit of or leased to the landlord of the Insurance on the Covered Prop- building where your described erty that has sustained loss or peemises are located, unless you damage. have a contractural responsibility to insure such property and it is in- (b) The actual debris removal ex- sured under this policy; pense exceeds 25% of the sum of (c) Remove any property that is Prop- the deductible plus the amount that we pay for direct physical loss erty Not Covered, including prop - or damage to the Covered Prop- erty addressed under the Outdoor erty that has sustained loss or Property Coverage Extension; damage. CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 3 of 16 152 Therefore, if (4)(a) and/ or (4)(b) ap- plies, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sus- tained loss or damage, plus $25,000. (5) Examples The following examples assume that there is no Coinsurance penalty. Example 1 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss: $ 50,000 Amount of Loss Payable: $ 49,000 ($50,000 - $500) Debris Removal Expense $10,000 Debris Removal Expense Payable: $10,000 ($10,000 is 20% of $50,000.) The debris removal expense is less than 25% of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removal expense ($49,500 + $10,000 = $59,500) is less than the Limit of Insurance. Therefore, the full amount of debris removal expense is payable in accordance with the terms of Paragraph (3). Example 2 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss: $ 80,000 Amount of Loss Payable: $ 79,500 ($80,000 - $500) Debris Removal Expense $ 40,000 Debris Removal Expense Payable: Basic Amount: $10,500 Additional Amount: $ 25,000 The basic amount payable for debris removal expense under the terms of Paragraph (3) is calculated as fol- lows: $80,000 ($79,500 + $500) x .25 = $20,000, capped at $10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000). The additional amount payable for debris removal ex- pense is provided in accordance with the terms of Paragraph (4), because the debris removal expense ($40,000) exceeds 25% of the loss payable plus the de- ductible ($40,000 is 50% of $80,000), and because the sum of the loss payable and debris removal expense ($79,500 + $40,000 = $119,500) would exceed the Limit of Insurance ($90,000). The additional amount of covered debris removal expense is $25,000, the maxi- mum payable under Paragraph (4). Thus, the total pay- able for debris removal expense in this example is $35,500; $4,500 of the debris removal expense is not covered. b. Preservation Of Property If it is necessary to move Covered Prop- erty from the described premises to pre- serve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss or damage to that property: (1) While it is being moved or while tem- porarily stored at another location; and (2) Only if the loss or damage occurs within 30 days after the property is first moved. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Cov- ered Cause of Loss, we will pay up to $1,000 for service at each premises de- scribed in the Declarations, unless a higher limit is shown in the Declarations. Such limit is the most we will pay regard- less of the number of responding fire de- partments or fire units, and regardless of the number or type of services performed. This Additional Coverage applies to your li- ability for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. No Deductible applies to this Additional Coverage. Page 4 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 153 1 • � d. Pollutant Clean-up And Removal We will pay your expense to extract "pollu- tants" from land or water at the described premises if the discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writ- ing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for, monitor or assess the existence, concentration or effects of "pol- lutants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water. The most we will pay under this Additional Coverage for each described premises is $10,000 for the sum of all covered ex- penses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy. e. Increased Cost Of Construction (1) This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies. (2) In the event of damage by a Covered Cause of Loss to a building that is Covered Property, we will pay the in- creased costs incurred to comply with the minimum standards of an ordi- nance or law in the course of repair, rebuilding or replacement of damaged parts of that property, subject to the limitations stated in e.(3) through e.(9) of this Additional Coverage. (3) The ordinance or law referred to in e.(2) of this Additional Coverage is an ordinance or law that regulates the construction or repair of buildings or establishes zoning or land use require- ments at the described premises and is in force at the time of loss. (4) Under this Additional Coverage, we will not pay any costs due to an ordi- nance or law that: (a) You were required to comply with before the loss, even when the building was undamaged; and (b) You failed to comply with. (5) Under this Additional Coverage, we will not pay for: (a) The enforcement of or compli- ance with any ordinance or law which requires demolition, repair, replacement, reconstruction, re- modeling or remediation of prop- erty due to contamination by "pollutants" or due to the pres- ence, growth, proliferation, spread or any activity of 'fungus", wet or dry rot or bacteria; or (b) Any costs associated with the en- forcement of or compliance with an ordinance or law which re- quires any insured or others to test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollu- tants", "fungus", wet or dry rot or bacteria. (6) The most we will pay under this Addi- tional Coverage, for each described building insured under this Coverage Form, is $10,000 or 5% of the Limit of Insurance applicable to that building, whichever is less. If a damaged build- ing is covered under a blanket Limit of Insurance which applies to more than one building or item of property, then the most we will pay under this Addi- tional Coverage, for that damaged building, is the lesser of $10,000 or 5% times the value of the damaged build- ing as of the time of loss times the ap- plicable Coinsurance percentage. The amount payable under this Additional Coverage is additional insurance. (7) With respect to this Additional Coverage: (a) We will not pay for the Increased Cost of Construction: (i) Until the property is actually repaired or replaced at the same or another premises; and (ii) Unless the repair or replace- ment is made as soon as rea- sonably possible after the loss or damage, not to exceed two years. We may extend this pe- riod in writing during the two years. CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 5 of 16 154 (b) If the building is repaired or re- placed at the same premises, or if you elect to rebuild at another premises, the most we will pay for the Increased Cost of Construc- tion, subject to the provisions of e.(6) of this Additional Coverage, is the increased cost of construc- tion at the same premises. (c) If the ordinance or law requires re- location to another premises, the most we will pay for the Increased Cost of Construction, subject to the provisions of e.(6) of this Addi- tional Coverage, is the increased cost of construction at the new premises. (8) This Additional Coverage is not sub- ject to the terms of the Ordinance Or Law Exclusion to the extent that such Exclusion would conflict with the pro- visions of this Additional Coverage. (9) The costs addressed in the Loss Pay- ment and Valuation Conditions and the Replacement Cost Optional Cover- age, in this Coverage Form, do not in- clude the increased cost attributable to enforcement of or compliance with an ordinance or law. The amount payable under this Additional Cover- age, as stated in e.(6) of this Addi- tional Coverage, is not subject to such limitation. f. Electronic Data (1) Under this Additional Coverage, elec- tronic data has the meaning described under Property Not Covered, Elec- tronic Data. This Additional Coverage does not apply to your "stock" of pre- packaged software, or to electronic data which is integrated in and oper- ates or controls the building's elevator, lighting, heating, ventilation, air condi- tioning or security system. (2) Subject to the provisions of this Addi- tional Coverage, we will pay for the cost to replace or restore electronic data which has been destroyed or cor- rupted by a Covered Cause of Loss. To the extent that electronic data is not replaced or restored, the loss will be valued at the cost of replacement of the media on which the electronic data was stored, with blank media of substantially identical type. (3) The Covered Causes of Loss appli- cable to Your Business Personal Property apply to this Additional Cov- erage, Electronic Data, subject to the following: (a) If the Causes Of Loss - Special Form applies, coverage under this Additional Coverage, Electronic Data, is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form. (b) If the Causes Of Loss - Broad Form applies, coverage under this Additional Coverage, Electronic Data, includes Collapse as set forth in that form. (c) If the Causes Of Loss form is en- dorsed to add a Covered Cause of Loss, the additional Covered Cause of Loss does not apply to the coverage provided under this Additional Coverage, Electronic Data. (d) The Covered Causes of Loss in- clude a virus, harmful code or sim- ilar instruction introduced into or enacted on a computer system (including electronic data) or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal operation. But there is no coverage for loss or damage caused by or resulting from ma- nipulation of a computer system (including electronic data) by any employee, including a temporary or leased employee, or by an en- tity retained by you or for you to inspect, design, install, modify, maintain, repair or replace that system. Page 6 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 155 y (4) The most we will pay under this Addi- tional Coverage, Electronic Data, is $2,500 (unless a higher limit is shown in the Declarations) for all loss or damage sustained in any one policy year, regardless of the number of oc- currences of loss or damage or the number of premises, locations or com- puter systems involved. If loss pay- ment on the first occurrence does not exhaust this amount, then the balance is available for subsequent loss or damage sustained in but not after that policy year. With respect to an occur- rence which begins in one policy year and continues or results in additional loss or damage in a subsequent policy year(s), all loss or damage is deemed to be sustained in the policy year in which the occurrence began. S. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises. If a Coinsurance percentage of 80% or more, or a Value Reporting period symbol, is shown in the Declarations, you may extend the insur- ance provided by this Coverage Part as follows: a. Newly Acquired Or Constructed Property (1) Buildings If this policy covers Building, you may extend that insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described prem- ises, intended for: (i) Similar use as the building de- scribed in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or dam- age under this Extension is $250,000 at each building. (2) Your Business Personal Property (a) If this policy covers Your Business Personal Property, you may ex- tend that insurance to apply to: (i) Business personal property, including such property that you newly acquire, at any lo- cation you acquire other than at fairs, trade shows or exhibi- tions; or (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations. The most we will pay for loss or damage under this Extension is $100,000 at each building. (b) This Extension does not apply to: (1) Personal property of others that is temporarily in your pos- session in the course of instal- ling or performing work on such property; or (ii) Personal property of others that is temporarily in your pos- session in the course of your manufacturing or wholesaling activities. (3) Period Of Coverage With respect to insurance provided under this Coverage Extension for Newly Acquired Or Constructed Prop- erty, coverage will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire the property or begin construction of that part of the building that would qualify as covered prop- erty; or (c) You report values to us. We will charge you additional pre- mium for values reported from the date you acquire the property or begin construction of that part of the build- ing that would qualify as covered property. CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 7 of 16 156 b. Personal Effects And Properly Of Others C. You may extend the insurance that applies to Your Business Personal Property to ap- ply to: (1) Personal effects owned by you, your officers, your partners or members, your managers or your employees. This Extension does not apply to loss or damage by theft. (2) Personal property of others in your care, custody or control. The most we will pay for loss or damage under this Extension is $2,500 at each de- scribed premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. Valuable Papers And Records (Other Than Electronic Data) (1) You may extend the insurance that ap- plies to Your Business Personal Prop- erty to apply to the cost to replace or restore the lost information on val- uable papers and records for which duplicates do not exist. But this Exten- sion does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Cov- ered, Electronic Data. (2) If the Causes Of Loss - Special Form applies, coverage under this Exten- sion is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form. (3) If the Causes Of Loss - Broad Form applies, coverage under this Exten- sion includes Collapse as set forth in that form. (4) Under this Extension, the most we will pay to replace or restore the lost infor- mation is $2,500 at each described premises, unless a higher limit is shown in the Declarations. Such amount is additional insurance. We will also pay for the cost of blank ma- terial for reproducing the records (whether or not duplicates exist) and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and, therefore, cov- erage of such costs is not additional insurance. d. Property Off -premises (1) You may extend the insurance pro- vided by this Coverage Form to apply to your Covered Property while it is away from the described premises, if it is: (a) Temporarily at a location you do not own, lease or operate; (b) In storage at a location you lease, provided the lease was executed after the beginning of the current policy term; or (c) At any fair, trade show or exhibition. (2) This Extension does not apply to property: (a) In or on a vehicle; or (b) In the care, custody or control of your salespersons, unless the property is in such care, custody or control at a fair, trade show or exhibition. (3) The most we will pay for loss or dam- age under this Extension is $10,000. e. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and television anten- nas (including satellite dishes), trees, shrubs and plants (other than trees, shrubs or plants which are "stock" or are part of a vegetated roof), including debris removal expense, caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Not or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is $1,000, but not more than $250 for any one tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence. Page 8 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 157 . k . Subject to all aforementioned terms and limitations of coverage, this Coverage Ex- tension includes the expense of removing from the described premises the debris of trees, shrubs and plants which are the property of others, except in the situation in which you are a tenant and such prop- erty is owned by the landlord of the de- scribed premises. f. Non -owned Detached Trailers (1) You may extend the insurance that ap- plies to Your Business Personal Prop- erty to apply to loss or damage to trailers that you do not own, provided that: (a) The trailer is used in your business; (b) The trailer is in your care, custody or control at the premises de- scribed in the Declarations; and (c) You have a contractual responsi- bility to pay for loss or damage to the trailer. (2) We will not pay for any loss or damage that occurs: (a) While the trailer is attached to any motor vehicle or motorized con- veyance, whether or not the motor vehicle or motorized conveyance is in motion; (b) During hitching or unhitching operations, or when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. (3) The most we will pay for loss or dam- age under this Extension is $5,000, unless a higher limit is shown in the Declarations. (4) This insurance is excess over the amount due (whether you can collect on it or not) from any other insurance covering such property. g. Business Personal Property Temporarily In Portable Storage Units (1) You may extend the insurance that ap- plies to Your Business Personal Prop- erty to apply to such property while temporarily stored in a portable stor- age unit (including a detached trailer) located within 100 feet of the building or structure described in the Declara- tions within 100 feet of the premises described in the Declarations, which- ever distance is greater. (2) If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning loss or damage from sand, dust, sleet, snow, ice or rain to property in a struc- ture, such limitation or exclusion also applies to property in a portable stor- age unit. (3) Coverage under this Extension: (a) Will end 90 days after the business personal property has been placed in the storage unit; (b) Does not apply if the storage unit itself has been in use at the de- scribed premises for more than 90 consecutive days, even if the business personal property has been stored there for 90 or fewer days as of the time of loss or damage. (4) Under this Extension, the most we will pay for the total of all loss or damage to business personal property is $10,000 (unless a higher limit is indi- cated in the Declarations for such Ex- tension) regardless of the number of storage units. Such limit is part of, not in addition to, the applicable Limit of Insurance on Your Business Personal Property. Therefore, payment under this Extension will not increase the ap- plicable Limit of Insurance on Your Business Personal Property. (5) This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorse- ment to this Coverage Form or policy, and does not apply to loss or damage to the storage unit itself. Each of these Extensions is additional insur- ance unless otherwise indicated. The Addi- tional Condition, Coinsurance, does not apply to these Extensions. B. Exclusions And Limitations See applicable Causes Of Loss form as shown in the Declarations. C. Limits Of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Limit Of Insurance shown in the Declarations. The most we will pay for loss or damage to outdoor signs, whether or not the sign is attached to a building, is $2,500 per sign in any one occurrence. CP1 00101012 Copyright, Insurance Services Office, Inc., 2011 Page 9 of 16 158 The amounts of insurance stated in the following Additional Coverages apply in accordance with the terms of such coverages and are separate from the Limit(s) Of Insurance shown in the Declarations for any other coverage: 1. Fire Department Service Charge; 2. Pollutant Clean-up And Removal; 3. Increased Cost Of Construction; and 4. Electronic Data. Payments under the Preservation Of Property Ad- ditional Coverage will not increase the applicable Limit of Insurance. D. Deductible In any one occurrence of loss or damage (herein- after referred to as loss), we will first reduce the amount of loss if required by the Coinsurance Con- dition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal to the Deductible, we will not pay for that loss. If the adjusted amount of loss exceeds the Deductible, we will then subtract the Deductible from the ad- justed amount of loss and will pay the resulting amount or the Limit of Insurance, whichever is less. When the occurrence involves loss to more than one item of Covered Property and separate Limits of Insurance apply, the losses will not be combined in determining application of the De- ductible. But the Deductible will be applied only once per occurrence. EXAMPLE # 1 (This example assumes there is no Coinsurance penalty.) Deductible: $ - 250 Limit of Insurance - Building 1: $ 60,000 Limit of Insurance - Building 2: $ 80,000 Loss to Building 1: $ 60,100 Loss to Building 2: $ 90,000 The amount of loss to Building 1 ($60,100) is less than the sum ($60,250) of the Limit of Insurance applicable to Building 1 plus the Deductible. The Deductible will be subtracted from the amount of loss in calculating the loss payable for Building 1: $ 60,100 - 250 $ 59,850 Loss Payable - Building 1 The Deductible applies once per occurrence and there- fore is not subtracted in determining the amount of loss payable for Building 2. Loss payable for Building 2 is the Limit of Insurance of $80,000. Total amount of loss payable: $59,850 + $80,000 = $139,850 EXAMPLE 2 (This example, too, assumes there is no Coinsurance penalty.) The Deductible- and Limits of Insurance are the same as those in Example 1. Loss to Building 1: $ 70,000 (Exceeds Limit of Insurance plus Deductible) Loss to Building 2: $ 90,000 (Exceeds Limit of Insurance plus Deductible) Loss Payable - Building 1: $ 60,000 (Limit of Insurance) Loss Payable - Building 2: $ 80,000 (Limit of Insurance) Total amount of loss payable: $ 140,000 E. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Abandonment There can be no abandonment of any property to us. 2. Appraisal If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a com- petent and impartial appraiser. The two ap- praisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. 3. Duties In The Event Of Loss Or Damage a. You must see that the following are done in the event of loss or damage to Covered Property: (1) Notify the police if a law may have been broken. Page 10 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 159 i . 1 (2) Give us prompt notice of the loss or damage. Include a description of the property involved. (3) As soon as possible, give us a descrip- tion of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any sub- sequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. (5) At our request, give us complete in- ventories of the damaged and undam- aged property. Include quantities, costs, values and amount of loss claimed. (6) As often as may be reasonably re- quired, permit us to inspect the prop- erty proving the loss or damage and examine your books and records. Also, permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. (7) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (8) Cooperate with us in the investigation or settlement of the claim. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be rea- sonably required, about any matter relat- ing to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's an- swers must be signed. 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form, at our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property, subject to b. below; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to b. below. We will determine the value of lost or dam- aged property, or the cost of its repair or replacement, in accordance with the appli- cable terms of the Valuation Condition in this Coverage Form or any applicable pro- vision which amends or supersedes the Valuation Condition. b. The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construc- tion, use or repair of any property. c. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. d. We will not pay you more than your finan- cial interest in the Covered Property. e. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claims against us for the own- ers' property. We will not pay the owners more than their financial interest in the Covered Property. f. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. g. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss, if you have complied with all of the terms of this Coverage Part, and: (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 11 of 16 160 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the Building at Location 1: $ 75,000 mortgageholder. Building at Location 2: $100,000 All of the terms of this Coverage Part will then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75,000 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Ste (1): p o $250,000 x 90 /o = $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3)• $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property towhich this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS This Ccverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A- CONCEALMENT, MISREPRESENTATION OR FRAUD Thi s Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Amj act or neglect of any person other than you beyond your direction or control will not affectthis insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If tvo or more of this policy's coverages apply to the sane loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE Na person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. CP 0090 07 88 Copyright, ISO Commercial Risk Services. Inc.. 1983, 1987 INSURED Page 1 of 1 166 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the mortgageholder. Building at Location 1: $ 75,000 All of the terms of this Coverage Part will Building at Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75,000 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% _ $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3): $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property to which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact corcerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affectthis insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHERINSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: I. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a• The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. 1. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. CP 00 90 07 88 Copynght, ISO commercial Risk Services. Inc., 1983. 1987 Pagel of 1 INSURED 166 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the mortgageholder. Building at Location 1: $ 75,000 All of the terms of this Coverage Part will Building at Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75.00 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% = $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3)• $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property to which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 ttimzvnritl COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact co r cerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affectthis insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHERINSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Pico; and c. Canada. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 1 INSURED 166 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the mortgageholder. Building at Location 1: $ 75,000 All of the terms of this Coverage Part will Buildingat Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75.00 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: $ 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% _ $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3)• $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property to which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C.INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFITTO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHERINSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a• The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another parry in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or C. Your tenant. This will not restrict your insurance. CP DO 90 37 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 INSURED Page 1 of 1 166 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the mortgageholder. Building at Location 1: $ 75,000 All of the terms of this Coverage Part will Building at Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75,000 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: 20,00 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% _ $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements t If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 : $225,000 = .80 (1) 10 days before the effective date of Step (3): $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property to which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at arnvj one or more locations will not affect coverage at arwj location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a• The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or C. Your tenant. This will not restrict your insurance. CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc.,1983,1987 INSURED Page 1 of 1 166 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the Building at Location 1: $ 75,000 mortgageholder. All of the terms of this Coverage Part will Building at Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75,000 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% _ $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3)• $50,000 x .80 = $40,000 cancellation if we cancel for your non - payment of premium; or Step (4): $40,000 - $1,000 = $39,000 (2) 30 the effective date of We will pay no more than $39,000. The remaining cancellation ifre we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, does not apply to Covered Property to d. If we den our claim because of our acts y y y which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a• The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. CP 00 90 07 88 Copyright. ISO Commercial Risk Services, Inc.,1983.1987 INSURED Page 1 of 1 166 • I . 0 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the mortgageholder. Building at Location 1: $ 75,000 All of the terms of this Coverage Part will Building at Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75,000 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to the extent of the amount we pay; and at Locations 1 and 2 is: $180,000 The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: $ 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% _ $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3): $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgagehodders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property to which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this CoveragePart ceive loss payment if the mortgageholder: for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 �iIrYbIr7l:I: COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A CONCEALMENT, MISREPRESENTATION OR FRAUD Th-s Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affectthis insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER - AG ES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHERINSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. CP 00 90 D7 88 Copyright. 150 Commercial Risk Services, Inc., 1983. 1987 INSURED Page 1 of 1 166 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will ap- within 60 days after receiving notice ply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in Example 3 ownership, occupancy or substan- When: The value of the property is: tial change in risk known to the mortgageholder. Building at Location 1: $ 75,000 All of the terms of this Coverage Part will Buildingat Location 2: $100,000 then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: 75,000 or damage and deny payment to you be- $ 250,000 cause of your acts or because you have The Coinsurance percentage failed to comply with the terms of this Cov- for it is: 90% erage Part: The Limit of Insurance for (1) The mortgageholder's rights under the Buildings and Personal Property mortgage will be transferred to us to at Locations 1 and 2 is: $180,000 the extent of the amount we pay; and The Deductible is: $ 1,000 (2) The mortgageholder's right to recover the full amount of the mort- The amount of loss is: gageholder's claim will not be Building at Location 2: $ 30,000 impaired. Personal Property At our option, we may pay to the mort- at Location 2: 20,000 gageholder the whole principal on the $ 50,000 mortgage plus any accrued interest. In this event, your mortgage and note will be Step (1): $250,000 x 90% _ $225,000 transferred to us and you will pay your re - (the minimum amount of insurance to maining mortgage debt to us. meet your Coinsurance requirements f. If we cancel this policy, we will give written and to avoid the penalty shown below) notice to the mortgageholder at least: Step (2): $180,000 _ $225,000 = .80 (1) 10 days before the effective date of Step (3)• $50,000 x .80 = $40,000 cancellation if we cancel for your non - Step (4): $40,000 - $1,000 = $39,000 payment of premium; or We will pay no more than $39,000. The remaining (2) 30 days before the effective date of cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will a. The term mortgageholder includes trustee. give written notice to the mortgageholder b. We will pay for covered loss of or damage at least 10 days before the expiration date to buildings or structures to each mort- of this policy. gageholder shown in the Declarations in G. Optional Coverages their order of precedence, as interests may If shown as applicable in the Declarations, the fol- appear. lowing Optional Coverages apply separately to c. The mortgageholder has the right to re- each item: ceive loss payment even if the mortgage- 1. Agreed Value holder has started foreclosure or similar action on the building or structure. a. The Additional Condition, Coinsurance, d. If we deny your claim because of your acts does not apply to Covered Property to which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the mort- that property than the proportion that the gageholder will still have the right to re- Limit of Insurance under this Coverage ceive loss payment if the mortgageholder: Part for the property bears to the Agreed (1) Pays any premium due under this Value shown for it in the Declarations. Coverage Part at our request if you have failed to do so; Page 14 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 163 J I b. If the expiration date for this Optional Cov- (4) "Stock", unless the Including "Stock" erage shown in the Declarations is not option is shown in the Declarations. extended, the Additional Condition, Coin- Under the terms of this Replacement Cost surance, is reinstated and this Optional Optional Coverage, tenants' improve - Coverage expires. ments and betterments are not considered c. The terms of this Optional Coverage apply to be the personal property of others. only to loss or damage that occurs: c. You may make a claim for loss or damage (1) On or after the effective date of this covered by this insurance on an actual Optional Coverage; and cash value basis instead of on a replace- (2) Before the Agreed Value expiration ment cost basis. In the event you elect to date shown in the Declarations or the have loss or damage settled on an actual policy expiration date, whichever oc- cash value basis, you may still make a curs first. claim for the additional coverage this Op- tional Coverage provides if you notify us of 2. Inflation Guard your intent to do so within 180 days after a. The Limit of Insurance for property to the loss or damage. which this Optional Coverage applies will d. We will not pay on a replacement cost automatically increase by the annual per- basis for any loss or damage: centage shown in the Declarations. (1) Until the lost or damaged property is b. The amount of increase will be: actually repaired or replaced; and (1) The Limit of Insurance that applied on (2) Unless the repair or replacement is the most recent of the policy inception made as soon as reasonably possible date, the policy anniversary date, or after the loss or damage. any other policy change amending the Limit of Insurance, times With respect to tenants' improvements and betterments, the following also apply: (2) The percentage of annual increase shown in the Declarations, expressed (3) If the conditions in d.(1) and d.(2) as a decimal (example: 8% is .08), above are not met, the value of ten - times ants improvements and betterments will be determined as a proportion of s since the begin- (3) The number of days 9 your original cost, as set forth in the ning of the current policy year or the Valuation Loss Condition of this Cov- effective date of the most recent policy erage Form; and change amending the Limit of Insur- ance, divided by 365. (4) We will not pay for loss or damage to tenants' improvements and bet - Example Exam !e terments if others pay for repairs or If: The applicable Limit of Insurance is: $100,000 replacement. The annual percentage increase is: 8% e. We will not pay more for loss or damage The number of days since the on a replacement cost basis than the least beginning of the policy year of (1), (2) or (3), subject to f. below: (or last policy change) is: 146 (1) The Limit of Insurance applicable to The amount of increase is: the lost or damaged property; $100,000 x .08 x 146 _ 365 = $ 3,200 (2) The cost to replace the lost or dam- 3. Replacement Cost aged property with other property: a. Replacement Cost (without deduction for (a) Of comparable material and qual- depreciation) replaces Actual Cash Value ity; and in the Valuation Loss Condition of this (b) Used for the same purpose; or Coverage Form. (3) The amount actually spent that is nec- b. This Optional Coverage does not apply to: essary to repair or replace the lost or (1) Personal property of others; damaged property. (2) Contents of a residence; If a building is rebuilt at a new premises, the cost described in e.(2) above is limited (3) Works of art, antiques or rare articles, to the cost which would have been in - including etchings, pictures, statuary, curred if the building had been rebuilt at marbles, bronzes, porcelains and the original premises. bric-a-brac; or CP 00 10 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 15 of 16 164 f. The cost of repair or replacement does not include the increased cost attributable to enforcement of or compliance with any or- dinance or law regulating the construction, use or repair of any property. 4. Extension Of Replacement Cost To Personal Property Of Others a. If the Replacement Cost Optional Cover- age is shown as applicable in the Declara- tions, then this Extension may also be shown as applicable. If the Declarations show this Extension as applicable, then Paragraph 3.b.(1) of the Replacement Cost Optional Coverage is deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. b. With respect to replacement cost on the personal property of others, the following limitation applies: If an item(s) of personal property of others is subject to a written contract which gov- erns your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. H. Definitions 1. "Fungus" means any type or form of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or by-products produced or re- leased by fungi. 2. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 3. "Stock" means merchandise held in storage or for sale, raw materials and in -process or fin- ished goods, including supplies used in their packing or shipping. Page 16 of 16 Copyright, Insurance Services Office, Inc., 2011 CP 00 10 10 12 165 ►• ' CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The: breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSXIRANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately appiiy to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having cusoody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Declarations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. CP 00 9007 88 Copyright, ISO Commercial Risk Services, Inc..1983.1987 INSURED Page 1 of 1 166 COMMERCIAL PROPERTY CP 0140 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy, includ- ing but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income, extra expense or action of civil authority. B. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other micro- organism that induces or is capable of inducing physical distress, illness or disease. However, this exclusion does not apply to loss or damage caused by or resulting from "hingus", wet rot or dry rot. Such loss or damage is ad- dressed in a separate exclusion in this Coverage Part or Policy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion super- sedes any exclusion relating to "pollutants". D. The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria: 1. Exclusion of "Fungus", Wet Rot, Dry Rot And Bacteria; and 2. Additional Coverage - Limited Coverage for "Fungus", Wet Rot, Dry Rot And Bacteria, in- cluding any endorsement increasing the scope or amount of coverage. E. The terms of the exclusion in Paragraph B., or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. CP 0140 07 06 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 INSURED 167 COMMERCIAL PROPERTY CP 10 30 0917 CAUSES OF LOSS - SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions. A. Covered Causes Of Loss When Special is shown in the Declarations, Cov- ered Causes of Loss means direct physical loss unless the loss is excluded or limited in this policy. B. Exclusions 1. We will not pay for loss or damage caused di- rectly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes con- currently or in any sequence to the loss. a. Ordinance Or Law The enforcement of or compliance with any ordinance or law: (1) Regulating the construction, use or re- pair of any property; or (2) Requiring the tearing down of any property, including the cost of remov- ing its debris. This exclusion, Ordinance Or Law, applies whether the loss results from: (a) An ordinance or law that is en- forced even if the property has not been damaged; or (b) The increased costs incurred to comply with an ordinance or law in the course of construction, re- pair, renovation, remodeling or demolition of property, or removal of its debris, following a physical loss to that property. b. Earth Movement (1) Earthquake, including tremors and aftershocks and any earth sinking, ris- ing or shifting related to such event; (2) Landslide, including any earth sinking, rising or shifting related to such event; (3) Mine subsidence, meaning subsi- dence of a man-made mine, whether or not mining activity has ceased; (4) Earth sinking (other than sinkhole col- lapse), rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface. But if Earth Movement, as described in b.(1) through (4) above, results in fire or explosion, we will pay for the loss or dam- age caused by that fire or explosion. (5) Volcanic eruption, explosion or effu- sion. But if volcanic eruption, explo- sion or effusion results in fire, building glass breakage or Volcanic Action, we will pay for the loss or damage caused by that fire, building glass breakage or Volcanic Action. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. With respect to coverage for Volcanic Action as set forth in (5)(a), (5)(b) and (5)(c), all volcanic eruptions that oc- cur within any 168-hour period will constitute a single occurrence. Volcanic Action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the de- scribed property. This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. CP' 10 30 0917 Copyright, Insurance Services Office, Inc., 2016 Page 1 of 10 INSURED 168 , , , c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Coverage Part. d. Nuclear Hazard Nuclear reaction or radiation, or radio- active contamination, however caused. But if nuclear reaction or radiation, or ra- dioactive contamination, results in fire, we will pay for the loss or damage caused by that fire. e. Utility Services The failure of power, communication, water or other utility service supplied to the described premises, however caused, if the failure: (1) Originates away from the described premises; or (2) Originates at the described premises, but only if such failure involves equip- ment used to supply the utility ser- vice to the described premises from a source away from the described premises. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded, if the surge would not have occurred but for an event caus- ing a failure of power. But if the failure or surge of power, or the failure of communication, water or other utility service, results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. Communication services include but are not limited to service relating to Internet access or access to any electronic, cellu- lar or satellite network. f. War And Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected attack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Water (1) Flood, surface water, waves (including tidal wave and tsunami), tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); (2) Mudslide or mudflow; (3) Water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment; (4) Water under the ground surface press- ing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other open- ings; or (5) Waterborne material carried or other- wise moved by any of the water re- ferred to in Paragraph (1), (3) or (4), or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. An example of a situation to which this exclusion ap- plies is the situation where a dam, levee, seawall or other boundary or containment system fails in whole or in part, for any rea- son, to contain the water. Page 2 of 10 Copyright, Insurance Services Office, Inc., 2016 CP 10 30 0917 169 2. But if any of the above, in Paragraphs (1) through (5), results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage (if sprinkler leakage is a Covered Cause of Loss). h. 'fungus", Wet Rot, Dry Rot And Bacteria Presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria. But if 'fungus", wet or dry rot or bacteria result in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss". This exclusion does not apply: (1) When "fungus", wet or dry rot or bacte- ria result from fire or lightning; or (2) To the extent that coverage is pro- vided in the Additional Coverage, Lim- ited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria, with respect to loss or damage by a cause of loss other than fire or lightning. Exclusions B.1.a. through 1B.1.h. apply whether or not the loss event results in wide- spread damage or affects a substantial area. We will not pay for loss or damage caused by or resulting from any of the following: a. Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with any: (1) Electrical or electronic wire, device, appliance, system or network; or (2) Device, appliance, system or network utilizing cellular or satellite technology. For the purpose of this exclusion, electri- cal, magnetic or electromagnetic energy includes but is not limited to: (a) Electrical current, including arcing; (b) Electrical charge produced or conducted by a magnetic or elec- tromagnetic field; (c) Pulse of electromagnetic energy; or (d) Electromagnetic waves or micro- waves. But if fire results, we will pay for the loss or damage caused by that fire. b. Delay, loss of use or loss of market. c. Smoke, vapor or gas from agricultural smudging or industrial operations. d. (1) Wear and tear; (2) Rust or other corrosion, decay, deteri- oration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Settling, cracking, shrinking or ex- pansion; (5) Nesting or infestation, or discharge or release of waste products or secre- tions, by insects, birds, rodents or other animals. (6) Mechanical breakdown, including rup- ture or bursting caused by centrifugal force. But if mechanical breakdown re- sults in elevator collision, we will pay for the loss or damage caused by that elevator collision. (7) The following causes of loss to perso- nal property: (a) Dampness or dryness of atmos- phere; (b) Changes in or extremes of tem- perature; or (c) Marring or scratching. But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in a "specified cause of loss" or building glass breakage, we will pay for the loss or dam- age caused by that "specified cause of loss" or building glass breakage. e. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if explosion of steam boilers, steam pipes, steam engines or steam tur- -bines results in fire or combustion explo- sion, we will pay for the loss or damage caused by that fire or combustion explo- sion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. f. Continuous or repeated seepage or leak- age of water, or the presence or conden- sation of humidity, moisture or vapor, that occurs over a period of 14 days or more. CP'10 30 0917 Copyright, Insurance Services Office, Inc., 2016 Page 3 of 10 170 g. Water, other liquids, powder or molten ma- This exclusion, k., does not apply: terial that leaks or flows from plumbing, (a) To the extent that coverage is pro - heating, air conditioning or other equip- vided under the Additional Gover- ment (except fire protective systems) age, Collapse; or caused by or resulting from freezing, unless: (b) To collapse caused by one or more of the following: (1) You do your best to maintain heat in the building or structure; or (i) The "specified causes of loss"; (2) You drain the equipment and shut (i)i Breakage of building glass; off the supply if the heat is not (iii) Weight of rain that collects on maintained. a roof; or h. Dishonest or criminal act (including theft) (iv) Weight of people or personal by you, any of your partners, members, property. officers, managers, employees (includ- I. Discharge, dispersal, seepage, migration, ing temporary employees and leased release or escape of "pollutants" unless the workers), directors, trustees or authorized discharge, dispersal, seepage, migration, representatives, whether acting alone or in release or escape is itself caused by any of collusion with each other or with any other the "specified causes of loss". But if the party; or theft by any person to whom you discharge, dispersal, seepage, migration, entrust the property for any purpose, whether acting alone or in collusion with release or escape of "pollutants" results in "specified any other party. a cause of loss", we will pay for "speci- the loss or damage caused by that This exclusion: fied cause of loss". (1) Applies whether or not an act oc- This exclusion, I., does not apply to dam - curs during your normal hours of age to glass caused by chemicals applied operation; to the glass. (2) Does not apply to acts of destruction m. Neglect of an insured to use all reasonable by your employees (including tempo- means to save and preserve property from rary employees and leased workers) further damage at and after the time of or authorized representatives; but theft loss. by your employees (including tempo- 3. We will not pay for loss or damage caused by rary employees and leased workers) or resulting from any of the following, 3.a. or authorized representatives is not through 3.c. But if an excluded cause of loss covered. that is listed in 3.a. through 3.c. results in a L Voluntary parting with any property by you Covered Cause of Loss, we will pay for the loss or anyone else to whom you have en- or damage caused by that Covered Cause of trusted the property if induced to do so by Loss. any fraudulent scheme, trick, device or a. Weather conditions. But this exclusion false pretense. only applies if weather conditions contrib- j. Rain, snow, ice or sleet to personal prop- ute in any way with a cause or event ex- erty in the open. cluded in Paragraph 1. above to produce k. Collapse, including any of the following the loss or damage. conditions of property or any part of the b. Acts or decisions, including the failure to property: act or decide, of any person, group, or- (1) An abrupt falling down or caving in; ganization or governmental body. (2) Loss of structural integrity, including c. Faulty, inadequate or defective: separation of parts of the property or (1) Planning, zoning, development, sur- property in danger of falling down or veying, siting; caving in; or (2) Design, specifications, workmanship, (3) Any cracking, bulging, sagging, bend- repair, construction, renovation, re- ing, leaning, settling, shrinkage or ex- modeling, grading, compaction; pansion as such condition relates to (3) Materials used in repair, construction, (1) or (2) above. renovation or remodeling; or But if collapse results in a Covered Cause (4) Maintenance; of Loss at the described premises, we will pay for the loss or damage caused by that Covered Cause of Loss. Page 4 of 10 Copyright, Insurance Services Office, Inc., 2016 CP 10 30 0917 171 of part or all of any property on or off the described premises. 4. Special Exclusions The following provisions apply only to the specfied Coverage Forms: a. Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form, Or Extra Expense Coverage Form We will not pay for: (1) Any loss caused by or resulting from: (a) Damage or destruction of "fin- ished stock"; or (b) The time required to reproduce "finished stock". This exclusion does not apply to Extra Expense. (2) Any loss caused by or resulting from direct physical loss or damage to ra- dio or television antennas (including satellite dishes) and their lead-in wir- ing, masts or towers. (3) Any increase of loss caused by or re- sulting from: (a) Delay in rebuilding, repairing or re- placing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the "suspension" of 'operations", we will cover such loss that affects your Business Income during the "period of restoration" and any ex- tension of the "period of restora- tion" in accordance with the terms of the Extended Business Income Additional Coverage and the Ex- tended Period Of Indemnity Op- tional Coverage or any variation of these. (4) Any Extra Expense caused by or re- sulting from suspension, lapse or can- cellation of any license, lease or contract beyond the "period of restoration". (5) Any other consequential loss. b. Leasehold Interest Coverage Form (1) Paragraph B.1.a., Ordinance Or Law, does not apply to insurance under this Coverage Form. (2) We will not pay for any loss caused by: (a) Your cancelling the lease; (b) The suspension, lapse or cancel- lation of any license; or (c) Any other consequential loss. c. Legal Liability Coverage Form (1) The following exclusions do not apply to insurance under this Coverage Form: (a) Paragraph B.1.a. Ordinance Or Law; (b) Paragraph B.1.c. Governmental Action; (c) Paragraph B.1.d. Nuclear Hazard; (d) Paragraph B.1.e. Utility Services; and (e) Paragraph 13.11 War And Military Action. (2) The following additional exclusions apply to insurance under this Cover- age Form: (a) Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement. But this exclusion does not apply to a written lease agreement in which you have assumed liability for building damage resulting from an actual or attempted burglary or robbery, provided that: (i) Your assumption of liability was executed prior to the ac- cident; and (ii) The building is Covered Prop- erty under this Coverage Form. (b) Nuclear Hazard We will not defend any claim or "suit", or pay any damages, loss, expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused. CP 10 30 0917 Copyright, Insurance Services Office, Inc., 2016 Page 5 of 10 172 S. Additional Exclusion The following provisions apply only to the specified property: Loss Or Damage To Products We will not pay for loss or damage to any mer- chandise, goods or other product caused by or resulting from error or omission by any per- son or entity (including those having posses- sion under an arrangement where work or a portion of the work is outsourced) in any stage of the development, production or use of the product, including planning, testing, process- ing, packaging, installation, maintenance or re- pair. This exclusion applies to any effect that compromises the form, substance or quality of the product. But if such error or omission re- sults in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. C. Limitations The following limitations apply to all policy forms and endorsements, unless otherwise stated: 1. We will not pay for loss of or damage to prop- erty, as described and limited in this section. In addition, we will not pay for any loss that is a consequence of loss or damage as described and limited in this section. a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. c. The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (1) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust en- ters; or (2) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. d. Building materials and supplies not at- tached as part of the building or structure, caused by or resulting from theft. However, this limitation does not apply to: (1) Building materials and supplies held for sale by you, unless they are in- sured under the Builders Risk Cover- age Form; or (2) Business Income Coverage or Extra Expense Coverage. e. Property that is missing, where the only evidence of the loss or damage is a short- age disclosed on taking inventory, or other instances where there is no physical evi- dence to show what happened to the property. f. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. g. Lawns, trees, shrubs or plants which are part of a vegetated roof, caused by or re- sulting from: (1) Dampness or dryness of atmosphere or of soil supporting the vegetation; (2) Changes in or extremes of tempera- ture; (3) Disease; (4) Frost or hail; or (5) Rain, snow, ice or sleet. 2. We will not pay for loss of or damage to the fol- lowing types of property unless caused by the "specified causes of loss" or building glass breakage: a. Animals, and then only if they are killed or their destruction is made necessary. b. Fragile articles such as statuary, marbles, chinaware and porcelains, if broken. This restriction does not apply to: (1) Glass; or (2) Containers of property held for sale. c. Builders' machinery, tools and equipment owned by you or entrusted to you, pro- vided such property is Covered Property. However, this limitation does not apply: (1) If the property is located on or within 100 feet of the described premises, unless the premises is insured under the Builders Risk Coverage Form; or Page 6 of 10 Copyright, Insurance Services Office, Inc., 2016 CP 10 30 0917 173 (2) To Business Income Coverage or to Extra Expense Coverage. 3. The special limit shown for each category, a. through d., is the total limit for loss of or dam- age to all property in that category. The special limit applies to any one occurrence of theft, regardless of the types or number of articles that are lost or damaged in that occurrence. The special limits are (unless a higher limit is shown in the Declarations): a. $2,500 for furs, fur garments and garments trimmed with fur. b. $2,500 for jewelry, watches, watch move- ments, jewels, pearls, precious and semi- precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. c. $2,500 for patterns, dies, molds and forms. d. $250 for stamps, tickets, including lottery tickets held for sale, and letters of credit. These special limits are part of, not in addition to, the Limit of Insurance applicable to the Covered Property. This limitation, C.3., does not apply to Busi- ness Income Coverage or to Extra Expense Coverage. 4. We will not pay the cost to repair any defect to a system or appliance from which water, other liquid, powder or molten material escapes. But we will pay the cost to repair or replace dam- aged parts of fire -extinguishing equipment if the damage: a. Results in discharge of any substance from an automatic fire protection system; or b. Is directly caused by freezing. However, this limitation does not apply to Busi- ness Income Coverage or to Extra Expense Coverage. D. Additional Coverage - Collapse The coverage provided under this Additional Cov- erage, Collapse, applies only to an abrupt collapse as described and limited in D.1. through D.7. 1. For the purpose of this Additional Coverage, Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the build- ing or part of the building cannot be occupied for its intended purpose. 2. We will pay for direct physical loss or damage to Covered Property, caused by abrupt col- lapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form, if such collapse is caused by one or more of the following: a. Building decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse; b. Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an insured prior to collapse; c. Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs during the course of the construction, remodeling or renovation. d. Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs after the con- struction, remodeling or renovation is complete, but only if the collapse is caused in part by: (1) A cause of loss listed in 2.a. or 2.b.; (2) One or more of the "specified causes of loss`; (3) Breakage of building glass; (4) Weight of people or personal property; or (5) Weight of rain that collects on a roof. 3. This Additional Coverage - Collapse does not apply to: a. A building or any part of a building that is in danger of falling down or caving in; b. A part of a building that is standing, even if it has separated from another part of the building; or c. A building that is standing or any part of a building that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. 4. With respect to the following property: a. Outdoor radio or television antennas (in- cluding satellite dishes) and their lead-in wiring, masts or towers; CP 10 30 0917 Copyright, Insurance Services Office, Inc., 2016 Page 7 of 10 174 b. Awnings, gutters and downspouts; c. Yard fixtures; d. Outdoor swimming pools; e. Fences; f. Piers, wharves and docks; g. Beach or diving platforms or appur- tenances; h. Retaining walls; and i. Walks, roadways and other paved surfaces; if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d., we will pay for loss or damage to that property only if: (1) Such loss or damage is a direct result of the abrupt collapse of a building in- sured under this Coverage Form; and (2) The property is Covered Property under this Coverage Form. S. If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building, we will pay for loss or damage to Covered Property caused by such collapse of personal property only if: a. The collapse of personal property was caused by a cause of loss listed in 2.a. through 2.d.; b. The personal property which collapses is inside a building; and c. The property which collapses is not of a kind listed in 4., regardless of whether that kind of property is considered to be per- sonal property or real property. The coverage stated in this Paragraph S. does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse. 6. This Additional Coverage, Collapse, does not apply to personal property that has not abruptly fallen down or caved in, even if the personal property shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. 7. This Additional Coverage, Collapse, will not in- crease the Limits of Insurance provided in this Coverage Part. 8. The term Covered Cause of Loss includes the Additional Coverage, Collapse, as described and limited in D.1. through D.7. E. Additional Coverage - Limited Coverage For 'fungus'; Wet Rot, Dry Rot And Bacteria 1. The coverage described in E.2. and E.6. only applies when the "fungus", wet or dry rot or bacteria are the result of one or more of the following causes that occur during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence: a. A "specified cause of loss" other than fire or lightning; or b. Flood, if the Flood Coverage Endorsement applies to the affected premises. This Additional Coverage does not apply to lawns, trees, shrubs or plants which are part of a vegetated roof. 2. We will pay for loss or damage by 'fungus". wet or dry rot or bacteria. As used in this Limited Coverage, the term loss or damage means: a. Direct physical loss or damage to Covered Property caused by "fungus", wet or dry rot or bacteria, including the cost of re- moval of the "fungus", wet or dry rot or bacteria; b. The cost to tear out and replace any part of the building or other property as needed to gain access to the 'fungus", wet or dry rot or bacteria; and c. The cost of testing performed after re- moval, repair, replacement or restoration of the damaged property is completed, provided there is a reason to believe that "fungus", wet or dry rot or bacteria are present. 3. The coverage described under E.2. of this Lim- ited Coverage is limited to $15,000. Regardless of the number of claims, this limit is the most we will pay for the total of all loss or damage arising out of all occurrences of "specified causes of loss" (other than fire or lightning) and Flood which take place in a 12-month pe- riod (starting with the beginning of the present annual policy period). With respect to a parti- cular occurrence of loss which results in 'fun- gus", wet or dry rot or bacteria, we will not pay more than a total of $15,000 even if the 'fun- gus", wet or dry rot or bacteria continue to be present or active, or recur, in a later policy period. Page 8 of 10 Copyright, Insurance Services Office, Inc., 2016 CP 10 30 0917 175 4. The coverage provided under this Limited Cov- erage does not increase the applicable Limit of Insurance on any Covered Property. If a par- ticular occurrence results in loss or damage by "fungus", wet or dry rot or bacteria, and other loss or damage, we will not pay more, for the total of all loss or damage, than the applicable Limit of Insurance on the affected Covered Property. If there is covered loss or damage to Covered Property, not caused by "fungus", wet or dry rot or bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to the extent that "fungus", wet or dry rot or bacteria cause an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage. S. The terms of this Limited Coverage do not in- crease or reduce the coverage provided under Paragraph F.2. (Water Damage, Other Liquids, Powder Or Molten Material Damage) of this Causes Of Loss form or under the Additional Coverage, Collapse. 6. The following, 6.a. or 6.b., applies only if Busi- ness Income and/ or Extra Expense Coverage applies to the described premises and only if the "suspension" of "operations" satisfies all terms and conditions of the applicable Busi- ness Income and/or Extra Expense Coverage Form: a. If the loss which resulted in "fungus", wet or dry rot or bacteria does not in itself necessitate a "suspension" of "operations", but such "suspension" is necessary due to loss or damage to property caused by 'fungus", wet or dry rot or bacteria, then our payment under Business Income and/ or Extra Expense is limited to the amount of loss and/ or expense sustained in a period of not more than 30 days. The days need not be consecutive. b. If a covered "suspension" of "operations" was caused by loss or damage other than 'fungus", wet or dry rot or bacteria but re - mediation of "fungus", wet or dry rot or bacteria prolongs the "period of restora- tion", we will pay for loss and/ or expense sustained during the delay (regardless of when such a delay occurs during the "pe- riod of restoration'), but such coverage is limited to 30 days. The days need not be consecutive. F. Additional Coverage Extensions 1. Property In Transit This Extension applies only to your personal property to which this form applies. a. You may extend the insurance provided by this Coverage Part to apply to your per- sonal property (other than property in the care, custody or control of your salesper- sons) in transit more than 100 feet from the described premises. Property must be in or on a motor vehicle you own, lease or operate while between points in the cover- age territory. b. Loss or damage must be caused by or re- sult from one of the following causes of loss: (1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism. (2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the roadbed. (3) Theft of an entire bale, case or pack- age by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is $5,000. This Coverage Extension is additional insur- ance. The Additional Condition, Coinsurance, does not apply to this Extension. 2. Water Damage, Other Liquids, Powder Or Molten Material Damage If loss or damage caused by or resulting from covered water or other liquid, powder or molten material damage loss occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair dam- age to the system or appliance from which the water or other substance escapes. This Cover- age Extension does not increase the Limit of Insurance. CP 10 30 0917 Copyright, Insurance Services Office, Inc., 2016 Page 9 of 10 176 3. Glass (2) Accidental discharge or leakage of a. We will pay for expenses incurred to put water or waterborne material as the up temporary plates or board up openings direct result of the breaking apart or if repair or replacement of damaged glass cracking of a water or sewer pipe is delayed. caused by wear and tear, when the pipe is located off the described prem- b. We will pay for expenses incurred to re- ises and is connected to or is part of a move or replace obstructions when repair- potable water supply system or sani- ing or replacing glass that is part of a tary sewer system operated by a pub - building. This does not include removing lic or private utility service provider or replacing window displays. pursuant to authority granted by the This Coverage Extension F.3. does not in- state or governmental subdivision crease the Limit of Insurance. where the described premises are G. Definitions located. 1. "Fungus" means any type or form of fungus, in- But water damage does not include loss or cluding mold or mildew, and any mycotoxins, damage otherwise excluded under the spores, scents or by-products produced or re- terms of the Water Exclusion. Therefore, leased by fungi. for example, there is no coverage under this policy in the situation in which dis- 2. "Specified causes of loss" means the following: charge or leakage of water results from the fire; lightning; explosion; windstorm or hail; breaking apart or cracking of a pipe which smoke; aircraft or vehicles; riot or civil commo- was caused by or related to weather- tion; vandalism; leakage from fire -extinguish- induced flooding, even if wear and tear ing equipment; sinkhole collapse; volcanic contributed to the breakage or cracking. action; falling objects; weight of snow, ice or As another example, and also in accor- sleet; water damage. dance with the terms of the Water Exclu- a. Sinkhole collapse means the sudden sink- sion, there is no coverage for loss or ing or collapse of land into underground damage caused by or related to weather - empty spaces created by the action of induced flooding which follows or is water on limestone or dolomite. This cause exacerbated by pipe breakage or cracking of loss does not include: attributable to wear and tear. (1) The cost of filling sinkholes; or To the extent that accidental discharge or (2) Sinking or collapse of land into man- leakage of water falls within the criteria set forth in c.(1) or c.(2) of this definition of made underground cavities. "specified causes of loss," such water is b. Falling objects does not include loss or not subject to the provisions of the Water damage to: Exclusion which preclude coverage for (1) Personal property in the open; or surface water or water under the surface of (2) The interior of a building or structure, the ground. or property inside a building or struc- ture, unless the roof or an outside wall of the building or structure is first dam- aged by a falling object. c. Water damage means: (1) Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing, heating, air conditioning or other system or appliance (other than a sump system including its related equipment and parts), that is located on the described premises and con- tains water or steam; and Page 10 of 10 Copyright, Insurance Services Office, Inc., 2016 CP 10 30 0917 177 t . , POLICY NUMBER CPS3337236 COMMERCIAL PROPERTY CP 10 54 06 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WINDSTORM OR HAIL EXCLUSION This endorsement modifies insurance provided under the following: CAUSES OF LOSS - BASIC FORM CAUSES OF LOSS - BROAD FORM CAUSES OF LOSS - SPECIAL FORM STANDARD PROPERTY POLICY SCHEDULE Premises Number Building Number 1 1 Inf©rmation required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the location(s) indicated in the Sched- B. ule, the following provisions apply. A. The following is added to the Exclusions section and is therefore not a Covered Cause of Loss: WINDSTORM OR HAIL We will not pay for loss or damage: 1. Caused directly or indirectly by Windstorm or Hail, regardless of any other cause or event that contributes concurrently or in any se- quence to the loss or damage; or C. The terms of the Windstorm Or Hail exclusion, or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this policy. Under Additonal Coverage - Collapse, in the Causes of Loss - Broad Form, Windstorm or Hail is deleted from Paragraph 2.a. D. In the Causes Of Loss - Special Form, Windstorm or Hail is deleted from the "specified causes of loss". 2. Caused by rain, snow, sand or dust, whether E. Under Additional Coverage Extensions - Prop - driven by wind or not, if that loss or damage erty In Transit, in the Causes Of Loss - Special would not have occurred but for the Wind- Form, Windstorm or Hail is deleted from Para - storm or Hail. graph b.(1). But if Windstorm or Hail results in a cause of loss other than rain, snow, sand or dust, and that resulting cause of loss is a Covered Cause of Loss, we will pay for the loss or damage caused by such Covered Cause of Loss. For example, if the Windstorm or Hail damages a heating system and fire results, the loss or damage attributable to the fire is covered sub- ject to any other applicable policy provisions. CP 10 54 06 07 Copyright, Insurance Services Office, Inc., 2007 Page 1 of 1 INSURED cp1054b. fap 178 POLICY NUMBER CPS3337236 COMMERCIAL PROPERTY CP 12 110917 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BURGLARY AND ROBBERY PROTECTIVE SAFEGUARDS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Premises No. Building No. Protective Safeguards Symbols Applicable 1 1 BR-1 Describe any'SR 4"% Additional requirements, if any, for engagement of an automatic burglary alarm or other automatic system listed in this Schedule (other than the requirements of Paragraph A.2.): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following is added to the Commercial Property Conditions: Burglary And Robbery Protective Safeguards As a condition of this insurance, you are required to: 1. Maintain the protective safeguards listed in the Schedule, and over which you have control, in complete working order; 2. Actively engage any automatic burglary alarm or other automatic system listed in the Sched- ule and maintain it in the "on" position during all non -work hours and whenever the premises are unoccupied; 3. Actively engage an automatic burglary alarm or other automatic system, or parts thereof, in accordance with any other requirements, if any, indicated in the Schedule; and 4. Notify us if you know of any suspension of or impairment in any protective safeguard listed in the Schedule. However, notification to us of the suspension of or impairment in an automatic burglary alarm or other automatic system listed in the Schedule will not be necessary if you: a. Can restore full protection within 48 hours of the suspension or impairment; CP 12 110917 Copyright, Insurance Services Office, Inc., 2016 Page 1 of 2 INSURED 179 B. C. b. Provide at least one watchperson or other means of surveillance at the premises dur- ing all non -work hours and whenever the premises are otherwise unoccupied; and c. Provide at least one watchperson or other means of surveillance during work hours if the Schedule requires that the premises or part thereof be protected during work hours. The following is added to the Exclusions section of the Causes Of Loss - Special Form: Burglary And Robbery Protective Safeguards We will not pay for loss or damage caused by or resulting from theft if, prior to the theft, you failed to comply with any condition set forth in Paragraph A. The protective safeguards to which this endorse- ment applies are identified by the following symbols: 1. 'SR 1" Automatic Burglary Alarm, protecting the entire building, that signals to: a. An outside central station; or b. A police station. 2. 'SR-2" Automatic Burglary Alarm, protecting the entire building, that has a loud sounding gong or siren on the outside of the building. 3. '8R-3" Security Service, with a recording sys- tem or watch clock, making hourly rounds cov- ering the entire building, when the premises are not in actual operation. 4. 'BR-4" The protective safeguard described in the Schedule. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2016 CP 12 110917 180 • . f POLICYNUMBER: CPS3337236 r COMMERCIAL PROPERTY CP 12181012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: BUILDERS' RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Location Number: 1 Building Number: 1 Applicable Clause C. 1. (Enter CA., C.2., C.3. or C.4.): Description Of Property: BUSINESS BUSINESS PROPERTY - NON PROFIT CHILDREN' S CLINIC Loss Payee Name: THE CITY OF MIAMI Loss Payee Address: 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 Location Number: Building Number: Applicable Clause (Enter CA., C.2., C.3. or C.4.): Description Of Property: Loss Payee Name: Loss Payee Address: Location Number: Building Number: Applicable Clause (Enter CA., C.2., C.3. or CA): Description Of Property: Loss Payee Name: Loss Payee Address: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CP 12 18 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 3 INSURED cp12181012 . fap 181 A B. C. When this endorsement is attached to the Stan- dard Property Policy CP 00 99, the term Coverage Part in this endorsement is replaced by the term Policy. Nothing in this endorsement increases the applica- ble Limit of Insurance. We will not pay any Loss Payee more than their financial interest in the Covered Property, and we will not pay more than the applicable Limit of Insurance on the Covered Property. The following is added to the Loss Payment Loss Condition, as indicated in the Declarations or in the Schedule: 1. Loss Payable Clause For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear 2. Lender's Loss Payable Clause a. The Loss Payee shown in the Schedule or in the Declarations is a creditor, including a mortgageholder or trustee, whose inter- est in Covered Property is established by such written instruments as: (1) Warehouse receipts; (2) A contract for deed; (3) Bills of lading; (4) Financing statements; or (5) Mortgages, deeds of trust, or security agreements. b. For Covered Property in which both you and a Loss Payee have an insurable interest: (1) We will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. (2) The Loss Payee has the right to re- ceive loss payment even if the Loss Payee has started foreclosure or simi- lar action on -the Covered Property. (3) If we deny your claim because of your acts or because you have failed to comply with the terms of the Coverage Part, the Loss Payee will still have the right to receive loss payment if the Loss Payee: (a) Pays any premium due under this Coverage Part at our request if you have failed to do so; (b) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (c) Has notified us of any change in ownership, occupancy or sub- stantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. (4) If we pay the Loss Payee for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (a) The Loss Payee's rights will be transferred to us to the extent of the amount we pay; and (b) The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. c. If we cancel this policy, we will give written notice to the Loss Payee at least: (1) 10 days before the effective date of cancellation if we cancel for your non- payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. d. If we elect not to renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Page 2 of 3 Copyright, Insurance Services Office, Inc., 2011 CP 12 18 10 12 182 . , , 3. Contract Of Sale Clause a. The Loss Payee shown in the Schedule or in the Declarations is a person or organiza- tion you have entered into a contractwith for the sale of Covered Property. b. For Covered Property in which both you and the Loss Payee have an insurable in- terest, we will: (1) Adjust losses with you; and (2) Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. c. The following is added to the Other Insur- ance Condition: For Covered Property that is the subject of a contract of sale, the word "you" includes the Loss Payee. 4. Building Owner Loss Payable Clause a. The Loss Payee shown in the Schedule or in the Declarations is the owner of the de- scribed building in which you are a tenant. b. We will adjust losses to the described building with the Loss Payee. Any loss payment made to the Loss Payee will satisfy your claims against us for the owner's property. c. We will adjust losses to tenants' improve- ments and betterments with you, unless the lease provides otherwise. CP 12 18 10 12 Copyright, Insurance Services Office, Inc., 2011 Page 3 of 3 183 1h SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACIHED TO AND ENDORSEMENT EFFECTIVE DATE FORM OLG A PART OF (12;01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLRCY NUMBER CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - FLORIDA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART A. When this endorsement is attached to the Standard Property Policy CP 00 99, the term Coverage Part in this, endorsement is replaced by the term Policy. B. The following provision applies when a Coinsurance percentage is shown in the Declarations: Flo7ida law states as follows: Coinsurance contract: The rate charged in this policy is based upon the use of the coinsurance clause at- tached to this policy, with the consent of the Insured. C. The following is added: If windstorm is a Covered Cause of Loss and loss or darnage to Covered Property is caused by or results from windstorm, the following exclusion applies in: 1. Broward County; 2. Dade County; 3. Martin County; 4. Monroe County; 5. Palm Beach County; and 6. All the areas east of the west bank of the Intra-Coastal Waterway in the Counties of: a. Indian River; and b. St. Lucie. WINDSTORM EXTERIOR PAINT AND WATER- PROOFING EXCLUSION We will not pay for loss or damage caused by wind- sto rm to: 1. Paint; or 2. Waterproofing material; applied to the exterior of Buildings unless the Building to which such loss or damage occurs also sustains other loss or damage by windstorm in the course of the same storm event. But such coverage applies only if windstorm is a Covered Cause of Loss. When loss or damage to exterior paint or waterproofing material is excluded, we will not include the value of paint or waterproofing material to determine: a. The amount of the Windstorm or Hail Deducti- ble; or b. The value of Covered Property when applying the Coinsurance Condition. D. Sinkhole Collapse Coverage Removed Sinkhole Collapse coverage is removed as indicated in Paragraphs D.1. through D.4. ; and coverage for Cata- strophic Ground Cover Collapse is added instead as set forth in Paragraph E. 1. In the Causes of Loss - Basic Form and in the Standard Property Policy, Sinkhole Collapse is de- leted from the Covered Causes of Loss and sink- hole collapse is no longer an exception to the Earth Movement exclusion. 2. In the Causes of Loss - Broad Form, Sinkhole Col- lapse is deleted from the Covered Causes of Loss and from the Additional Coverage - Collapse; and sinkhole collapse is no longer an exception to the Earth Movement exclusion. 3. In the Causes of Loss - Special Form, sinkhole col- lapse is deleted from the "specified causes of Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2009 CFS-Ws-PL (1-12) Page 1 of 2 INSURED 184 loss" and is no longer an exception to the Earth Movement exclusion. 4. In the Mortgageholders Errors And Omissions Coverage Form, sinkhole collapse is deleted from the Covered Causes of Loss under Coverage B and from the "specified causes of loss, and is no longer an exception to the Earth Movement exclusion. Further, this Coverage Part does not insure against Sinkhole Loss as defined in Florida law unless an en- dorsement for Sinkhole Loss is made part of this pol- icy. However, if Sinkhole Loss causes Catastrophic Ground Cover Collapse, coverage is provided for the resulting Catastrophic Ground Cover Collapse even if an endorsement for Sinkhole Loss is not made part of this policy. E. The following is added to this Coverage Part as a Cov- ered Cause Of Loss. In the Causes Of Loss - Special Form and Mortgageholders Errors And Omissions Coverage Form, the following is also added as a "specified cause of loss." However, as a "specified cause of loss, the following does not apply to the Addi- tional Coverage - Collapse. CATASTROPHIC GROUND COVER COLLAPSE We will pay for direct physical loss or damage to Cov- ered Property caused by or resulting from catastrophic ground cover collapse, meaning geological activity that results in all of the following: 1. The abrupt collapse of the ground cover; 2. A depression in the ground cover clearly visible to the naked eye; 3. Structural damage to the building, including the foundation; and 4. The insured structure being condemned and or- dered to be vacated by the governmental agency authorized by law to issue such an order for that structure. However, structural damage consisting merely of the settling or cracking of a foundation, structure or build- ing does not constitute loss or damage resulting from a catastrophic ground cover collapse. The Earth Movement exclusion and the Collapse exclu- sion do not apply to coverage for Catastrophic Ground Cover Collapse. Coverage for Catastrophic Ground Cover Collapse does not increase the applicable Limit of Insurance. Regardless of whether loss or damage attributable to catastrophic ground cover collapse also qualifies as Sinkhole Loss or Earthquake (if either or both of those causes of loss are covered under this Coverage Part), only one Limit of Insurance will apply to such loss or damage. F. The following applies to the Additional Coverage - Civil Authority under the Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form and Extra Expense Coverage Form: 1. The Additional Coverage - Civil Authority includes a requirement that the described premises are not more than one mile from the damaged property. With respect to described premises located in Florida, such one -mile radius does not apply. 2. The Additional Coverage - Civil Authority is limited to a coverage period of up to four weeks. With resp ect to described premises located in Florida, such four week period is replaced by a three-week period. 3. Civil Authority coverage is subject to all other pro- visions of that Additional Coverage. G. In the event where more than one peril causes damage to covered property and the damage cannot be sepa- rated by the cause(s) of loss, we will: Deduct the amount paid by the other carriers from the amount payable under our policy subject to the policy terms and conditions if a cause of the loss is covered under our policy; If the cause of loss under our policy is also covered under another policy payment will be prorated among all companies providing coverage for the covered cause(s) of loss; and, In no event can payments made by all carriers total more than the full replacement cost of the insured building. Payment will be subject to the policy terms and conditions of the policy of the covered property re- gardless of the number of covered perils or policies covering the property, even if the insured property is totally destroyed by combined perils. AUTHORIZED REPRESENTATIVE Includes copyrighted material of ISO Properties, Inc.. with its permission. Copyright, ISO Properties, Inc., 2009 DATE CFS-68s-FL (1-12) Page 2 of 2 185 ! , I t 1� SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACBIED TO AND ENDORSEMENT EFFECTIVE DATE FORMING APART OF POLICY NUMBER (1201 A.M. STANDARD TIME) ' NAMED INSURED AGENT NO. CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEWER OR DRAIN DEFINITION ENDORSEMENT - FLORIDA This insurance modifies insurance provided under the following: CAUSES OF LOSS - BASIC FORM CAUSES OF LOSS - BROAD FORM CAUSES OF LOSS - SPECIAL FORM Under Section B. Exclusions, paragraph g. Water, subsection (3) the following is added: For the purpose of this exclusion, "sewer" and "drain" are defined as: 1. "Sewer" means any underground pipe, channel or conduit for carrying water, wastewater or sewage on or away from the premises described in the Declarations; 2. "Drain" means any pipe, channel or conduit for carrying water, wastewater or sewage on or away from the premises described in the Declarations to a "sewer." AUTHORIZED REPRESENTATIVE DATE CFS-103-FL (1-16) Page 1 of 1 INSURED 186 POLICY NUMBER: CPS3337236 IL 04 01 0212 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA - SINKHOLE LOSS COVERAGE This endorsement modifies insurance provided under the following: CAPITAL ASSETS (OUTPUT POLICY) COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART SCHEDULE Premises Number Building Number 1 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the location(s) indicated in the Sched- Coverage for Sinkhole Loss includes stabilization ule, the following provisions apply: of the building (including land stabilization) and A. When this endorsement is attached to Standard repair to the foundation, provided such work is in Property Policy CP 00 99, the term Coverage Part accordance with the requirements of Florida Insur- in this endorsement is replaced by the term Policy. ance Law and in accordance with the recommen- dation of a professional engineer and with notice to B. When this endorsement is attached to the Farm you. The professional engineer must be selected or Livestock Coverage Form, reference to loss (other approved by us. However, until you enter into a than in the term Sinkhole Loss itself) means "loss" contract for performance of building stabilization as defined in that coverage form. or foundation repair in accordance with the recom- C. The following is added to this Coverage Part as a mendations of the professional engineer as set Covered Cause of Loss. In the forms which ad- forth in a report from us: dress "specified causes of loss", the following is 1. We will not pay for underpinning or grouting or also added as a "specified cause of loss". However, any other repair technique performed below as a "specified cause of loss", the following does the existing foundation of the building; and not apply to the Additional Coverage - Collapse. 2. Our payment for Sinkhole Loss to Covered Sinkhole Loss, meaning loss or damage to Cov- Property may be limited to the actual cash ered Property when "structural damage" to the cov- value of the loss to such property. ered building, including the foundation, is caused by settlement or systematic weakening of the earth supporting the covered building, only if the settle- ment or systematic weakening results from con- temporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. IL 04 01 0212 Copyright, Insurance Services Office, Inc., 2012 INSURED Page 1 of 3 i104010212.fap 187 You must enter into a contract for the performance of building stabilization and/ or foundation repair in accordance with the aforementioned recommen- dations, within 90 days after we notify you that there is coverage for your Sinkhole Loss. After you have entered into such contract, we will pay the amounts necessary to begin and perform such re- pairs as the work is performed and the expenses are incurred. However, if the professional engineer determines, prior to your entering into the aforementioned con- tract or prior to the start of repair work, that the re- pairs will exceed the applicable Limit of Insurance, we must either complete the recommended repairs or pay that Limit of Insurance upon such deter- mination. If the aforementioned determination is made during the course of repair work and we have begun making payments for the work per- formed, we must either complete the recom- mended repairs or pay only the remaining portion of the applicable Limit of Insurance upon such de- termination. The most we will pay for the total of all Sinkhole Loss, including building and land stabili- zation and foundation repair, is the applicable Limit of Insurance on the affected building. The stabilization and all other repairs to the Covered Property must be completed within 12 months after entering into the contract for the per- formance of these repairs, unless: 1. There is a mutual agreement between you and us; 2. The claim is involved with the neutral evalua- tion process; 3. The claim is in litigation; or 4. The claim is under appraisal or mediation. D. Sinkhole Loss does not include: 1. Sinking or collapse of land into man-made underground cavities; or 2. Earthquake. E. With respect to coverage provided by this endorse- ment, the Earth Movement Exclusion and the Col- lapse Exclusion do not apply. F. With respect to a claim for alleged Sinkhole Loss, the following provision is added: Following receipt by us of a report from a profes- sional engineer or professional geologist on the cause of loss and recommendations for land sta- bilization and repair of property, or if we deny your claim, we will notify you of your right to participate in a neutral evaluation program administered by the Florida Department of Financial Services (here- inafter referred to as the Department). For alleged Sinkhole Loss to commercial residential or farm residential properties, this program applies instead of any mediation procedure set forth elsewhere in this policy, but does not invalidate the Appraisal Condition. You or we may file a request with the Department for neutral evaluation; the other party must comply with such request. We will pay reasonable costs associated with the neutral evaluation, regardless of which party makes the request. But if a party chooses to hire a court reporter or stenographer to contemporaneously record and document the neutral evaluation, that party must bear the costs of those services. The neutral evaluator will be se- lected from a list maintained by the Department. The recommendation of the neutral evaluator will not be binding on you or us. Participation in the neutral evaluation program does not change your right to file suit against us in accordance with the Legal Action Against Us Con- dition in this policy, except that the time for filing suit is extended for a period of 60 days following the conclusion of the neutral evaluation process or five years, whichever is later. G. Coverage for Sinkhole Loss under this endorse- ment does not increase the applicable Limit of Insurance. Even if loss or damage qualifies under, or includes, both Catastrophic Ground Cover Col- lapse (addressed elsewhere in this Coverage Part) and Sinkhole Loss, only one Limit of Insurance will apply to such loss or damage. Page 2 of 3 Copyright, Insurance Services Office, Inc., 2012 IL 04 01 0212 188 H. The following provision is added to the Duties In The Event Of Loss Or Damage Loss Condition: A claim for Sinkhole Loss, including but not limited to initial, supplemental and reopened claims is barred unless notice of claim is provided to us in accordance with the terms of this policy within two years after you knew or reasonably should have known about the Sinkhole Loss. I. The following definitions are added with respect to the coverage provided under this endorsement: 1. "Structural damage" means a covered building, regardless of the date of its construction, has experienced the following: a. Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement related damage to the interior such that the interior build- ing structure or members become unfit for service or represent a safety hazard as de- fined within the Florida Building Code; b. Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318-95 or the Florida Building Code, which results in settlement related damage to the "primary structural members" or "primary structural systems" and that pre- vents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those "primary structural mem- bers" or "primary structural systems" ex- ceed one and one-third the nominal strength allowed under the Florida Build- ing Code for new buildings of similar struc- ture, purpose, or location; c. Damage that results in listing, leaning, or buckling of the exterior load bearing walls or other vertical "primary structural mem- bers" to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base as defined within the Florida Building Code; d. Damage that results in the building, or any portion of the building containing "primary structural members" or "primary structural systems", being significantly likely to immi- nently collapse because of the movement or instability of the ground within the influ- ence zone of the supporting ground within the sheer plane necessary for the purpose of supporting such building as defined within the Florida Building Code; or e. Damage occurrring on or after October 15, 2005, that qualifies as substantial struc- tural damage as defined in the Florida Building Code. 2. "Primary structural member" means a struc- tural element designed to provide support and stability for the vertical or lateral loads of the overall structure. 3. "Primary structural system" means an assem- blage of "primary structural members". J. If we deny your claim for Sinkhole Loss without performing testing under section 627.702, Florida Statutes, you may demand testing by communicat- ing such demand to us in writing within 60 days after you receive our denial of the claim. You are responsible for 50% of the testing costs, or $2,500, whichever is less. If our professional engineer or geologist provides written certification, pursuant to section 627.7073, that there is sinkhole loss, we will reimburse you for the testing costs. K. You may not accept a rebate from any person per- forming repairs for Sinkhole Loss covered under this endorsement. If you receive a rebate, cover- age under this endorsement is void and you must refund the amount of the rebate to us. L. If we deny your claim for Sinkhole Loss upon re- ceipt of written certification from a professional en- gineer or geologist, pursuant to section 627.7073, that there is no sinkhole loss or that the cause of the damage was not sinkhole activity, and if the sinkhole claim was submitted without good faith grounds for submitting such claim, you shall reim- burse us for 50% of the actual costs of the analyses and services provided under sections 627.7072 and 627.7073, or $2,500, whichever is less. You are not required to pay such reimbursement unless you requested the analysis and services and we, before ordering the analysis, informed you in writ- ing of the potential for reimbursement and gave you the opportunity to withdraw the claim. M. As a precondition to accepting payment for sink- hole loss, you must file with the county clerk of court, a copy of any sinkhole report regarding your property which was prepared on behalf or at your request. You will bear the cost of filing and record- ing the sinkhole report. IL 04 01 0212 Copyright, Insurance Services Office, Inc., 2012 Page 3 of 3 189 SCOTTSUALE INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (1201 A.M. STANDARD TIME) ' NAMED INSURED AGENT NO. POLDCY NUMBER CPS3337236 04/23/2020 SOUTH MIAMI CHILDREN'S CLINIC, INC. 09012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION AND NONRENEWAL - FLORIDA The Cancellation Condition is deleted in its entirety and ing written notice of cancellation, including the replaced by the following: specific reasons for cancellation, to the first Named A. Cancellation Insured at least: 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. If this policy has been in effect for ninety (90) days or less and is not a renewal of a policy we issued, we may cancel by mailing or delivering written notice of cancellation, including the specific reasons for cancellation, to the first Named Insured at least: a. Ten (10) days before the effective date of cancellation, if we cancel for nonpayment of any premium when due; or b. Twenty (20) days before the effective date of cancellation, if we cancel for any other reason, except, we may cancel immediately if there has been: (1) A material misstatement or misrepresen- tation; or (2) A failure to comply with underwriting re- quirements established by us. 3. If this policy has been in effect for more than ninety (90) days or is a renewal or continuation of a policy we issued, we may cancel by mailing or deliver - a. Ten (10) days before the effective date of cancellation, if we cancel for nonpayment of any premium when due; or b. Forty-five (45) days before the effective date of cancellation, if we cancel for any other reason. 4. We will mail or deliver our notice to the first Named Insuredt last mailing address known to us. 5. Notice of cancellation by us will state the effective date of the cancellation. The policy period will end on that date. 6. If we fail to mail or deliver our written notice of cancellation to the first Named Insured at least forty-five (45) days or twenty (20) days as required in A.2.b. and A.3.b. above, the coverage will remain in effect until forty-five (45) days after the notice is given or until the effective date of replacement coverage obtained by the first Named Insured, whichever occurs first. The premium for the coverage shall remain the same during any such extension period. 7. If this policy is canceled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Page 1 of 2 UTS-294:L (&97) INSURED 190 • I . I m Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 8. If notice is mailed, proof of mailing will be suffi- cient proof of notice. The following Condition is added to the policy and super- sedes any other provision to the contrary: B. Nonrenewal 1. If we decide not to renew this policy, we will mail or deliver written notice of nonrenewal, including the specific reasons for nonrenewal, to the first Named Insured at least forty-five (45) days prior to the expiration of the policy. 2. If notice is mailed, we will mail it to the last mailing address known to us of the first Named Insured. Proof of mailing will be sufficient proof of notice. 3. If we fail to mail or deliver written notice of non - renewal to the first Named Insured at least forty- five (45) days prior to the effective date of nonre- newal, the coverage will remain in effect until forty-five (45) days after the notice is given or until the effective date of replacement coverage obtained by the first Named Insured, whichever occurs first. The premium for the coverage shall remain the same during any such extension pe- riod. AUTHORIZED REPRESENTATIVE DATE UTS-29-FL (&97) Page 2 of 2 191 Scottsdale Insurance Company National Casualty Company Scottsdale Indemnity Company Scottsdale Surplus Lines Insurance Company CLAIM REPORTING INFORMATION Your insurance policy has been placed with a Nationwide® insurance company. Our commitment to you is to provide fast, fair claim service. Promptly reporting an event that could lead to a claim, as required by your policy, helps us fulfill this commitment to you. Please refer to your policy for this and all other terms and conditions. To report a claim, you may contact us 24 hours a day, 7 days a week, by calling 1-800-423-7675 or via our website at www.nationwideexcessandsurplus.com. Thank you for your business and as always, we appreciate the opportunity to serve you. HOW TO REPORT A CLAIM Call 1-800-423-7675 or visit our website at www.nationwideexcessandsurplus.com. In order to expedite this process, please be prepared to furnish as much of the following information as possible: • Your policy number • Date, time and location of the loss/ accident • Details of the loss/ accident • Name, address and phone number of any involved parties • If applicable, name of law enforcement agency or fire department along with the incident number Please refer to your policy for specific claim reporting requirements. NOTX01:8CW (3-16) INSURED 192 j � SCO'I"I'SDALE INSURANCE COMPANY Scottsdale Indemnity Company SCOTTSDALE POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE TERRORISM RISK INSURANCE ACT Under the Terrorism Risk Insurance Act of 2002, as amended pursuant to the Terrorism Risk Insurance Pro- gram Reauthorization Act of 2015, effective January 1, 2015 (the "Act"), you have a right to purchase insur- ance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act: The term "certified acts of terrorism" means any act that is certified by the Secretary of the Treasury - in consultation with the Secretary of Homeland Security, and the Attorney General of the United States - to be an act of ter- rorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have re- sulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should know that where coverage is provided by this policy for losses resulting from "certified acts of terrorism," such losses may be partially reimbursed by the United States Government under a formula es- tablished by federal law. However, your policy may contain other exclusions which might affect your cover- age, such as an exclusion for nuclear events. Under the formula, the United States Government agrees to reimburse eighty-five percent (85%) of covered terrorism losses in calendar year 2015 that exceed the statu- torily established deductible paid by the insurance company providing the coverage. This percentage of United States Government reimbursement decreases by one percent (1 %) every calendar year beginning in 2016 until it equals eighty percent (80%) in 2020. The premium charged for this coverage is provided below and does not include any charges for the portion of loss that may be covered by the Federal Government under the Act. You should also know that the Act, as amended, contains a $100 billion cap that limits United States Gov- ernment reimbursement as well as insurers' liability for losses resulting from "certified acts of terrorism" when the amount of such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. CONDITIONAL TERRORISM COVERAGE The federal Terrorism Risk Insurance Program Reauthorization Act of 2015 is scheduled to terminate at the end of December 31, 2020, unless renewed, extended or otherwise continued by the federal gov- ernment. Should you select Terrorism Coverage provided under the Act and the Act is terminated Decem- ber 31, 2020, any terrorism coverage as defined by the Act provided in the policy will also terminate. NOTX0423CW (2-15) Page 1 of 2 INSURED notx0423cw0215a.fap 193 IN ACCORDANCE WITH THE ACT, YOU MUST CHOOSE TO SELECT OR REJECT COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" BELOW: The Note below applies for risks in these states: California, Connecticut, Georgia, Hawaii, Illinois, Iowa, Maine, Missouri, New Jersey, New York, North Carolina, Oregon, Rhode Island, Virginia, Washington, West Virginia, Wisconsin. NOTE: In these states, a terrorism exclusion makes an exception for (and thereby provides coverage for) fire losses resulting from an act of terrorism. Therefore, if you reject the offer of terrorism coverage, that re- jection does not apply to fire losses resulting from an act of terrorism coverage for such fire losses will be provided in your policy. If you do not respond to our offer and do not return this notice to the Company, you will have no Terror- ism Coverage under this policy. I hereby elect to purchase certified terrorism coverage for a premium of $ . I understand that the federal Terrorism Risk Insurance Program Reauthorization Act of 2015 may terminate on December 31, 2020. Should that occur my coverage for terrorism as defined by the Act will also terminate. x I hereby reject the purchase of certified terrorism coverage. Policyholder/ Applicant's Signature Print Name Date SOUTH MIAMI CHILDREN'S CLINIC. INC. Named Insured/ Firm CPS3337236 Policy Number, if available NOTX0423CW (2-15) Page 2 of 2 194 j � SCOTTSDALE INSURANCE COMPANY FLORIDA POLICYHOLDER NOTICE SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. NOTS0381 FL (7-09) INSURED 195 00021290 Y Policy Number: EIG 1580324 07 BR 92 EMPLOYERS P.O. Box 539003 Henderson, NV 89053-9003 SOUTH MIAMI CHILDRENS CLINIC 6701 SW 58TH PLACE SOUTH MIAMI FL 33143 MLRINC INSURED COPY 196 EMPLDYERSI� Welcome to EMPLOYERS! Thank you for the trust you have placed in EMPLOYERS. As a leading provider of workers' compensation insurance for America's small businesses, EMPLOYERS is focused on making premiums affordable, as well as helping our policyholders reduce the long-term costs associated with workplace injuries and illnesses. Verify Important Policy Information Enclosed you will find your EMPLOYERS Workers' Compensation and Employers Liability Policy. Please take a moment to review it to make sure that all of the information is correct. If any information is inaccurate or needs to be updated, please contact your insurance agent immediately. 1. Mailing Address Please verify that the mailing address on the Policy is correct. Important notices will be mailed to this address. 2. Named Insureds Please review each Named Insured and corresponding Federal Employer Identification Number (FEIN) shown on the Policy to make sure the proper employer(s) are listed. This Policy does not provide coverage for any business or legal entity not listed on the Policy declarations page or as an additional named insured on the Named Insured Schedule endorsement. Only legally combinable Named Insureds (legal entities with common majority ownership) may be provided coverage on the same policy. 3. worksites Make sure that your Policy correctly identifies each state and location where you currently have work. This information is shown in item 3.A of the Policy declarations page and on the Site Location Schedule endorsement. 4. Officers, Sole Proprietors, Members and/or Partners (or others) Coverage If the Policy contains any endorsement documenting an individual's rejection of statutory coverage, please confirm it is accurate. Eligibility to reject workers' compensation coverage varies by state. Any changes will require written documentation. If the Policy contains any endorsement documenting the election of statutory coverage by an individual not otherwise subject to the Workers Compensation Act, please confirm it is accurate. Eligibility to elect varies by state. Any changes will require written documentation. America's small business insurance specialist` EMPLOYERS® and America's small business insurance specialist® are registered trademarks of Employers Insurance Company of Nevada. Insurance is offered through Employers Compensation Insurance Company, Employers Insurance Company of Nevatla. Employers preferred Insurance Company, and Employers Assurance Company. EIG Services, Inc. (in California, dba EIG Insurance Services) is an affiliated agency and adjuster. Not all insurers do business in all jurisdictions. CM 0016LT_US Rev0SQ018 197 Who we are Who is providing this notice? Employers Holdings, Inc. and its affiliates. What we do How does EMPLOYERS® To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with applicable law. These measures include physical, electronic and procedural safeguards. Nonaffiliates that perform services for us are contractually bound to keep this information confidential. Our employees are informed of the requirements to maintain the confidentiality of this information. How does EMPLOYERS We collect your personal information, for example, when you collet; my personal information? � file an insurance application or claim provide your income, employment, or contact information provide account information We also collect your personal information from others, such as your employer and its insurance producer, insurance support organizations, our affiliates, medical providers or other companies as permitted by law. Insurance support organizations may retain information and disclose it to others. Why can't I limit all sharing? Insurance companies need to share personal information to run their everyday business. Generally, applicable laws give you the right to limit only certain types of sharing, such as 0 sharing information about your personal creditworthiness for affiliates' everyday business purposes 0 sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharin . Defi ns Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. e Employers Holdings, Inc. affiliates are financial companies. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. 0 Examples include reinsurance companies, computer service providers, independent auditors, independent claims personnel, independent insurance agents, and insurance support organizations. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. EMPLOYERS does not share for joint marketing purposes. n ation Illia-�. Employers Holdings, Inc.'s affiliates include: Employers Insurance Company of Nevada, Employers Compensation Insurance Compa^1y, Employers Preferred Insurance Company, Employers Assurance Company, Elite Insurance Services, Inc., and EIG Services, Inc. Copyright o 2015 EMPLOYERS. All rights reserved. EMPLOYERS and America's small business insurance specialist. are registered trademarks Of Employers Insurance Company of Nevada. workers' compensation Insurance and services are offered through Employers Compensation Insurance Company, Employers Assurance Company, Employers Preferred Insurance Company, and Employers Insurance Company of Nevada. EIG Services, Inc. in California, dba EIG Insurance Services) is an affiliated agency and adjuster. Not all insurers do business In all jurisdictions. LE_PH_001_US Rev 0712015 200 EMPLOYERS' Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company IMPORTANT NOTICE To obtain information or make a complaint: I You may call Employers toll -free telephone number for information or to make a complaint at: 1-888-682-6671 You may also write to Employers at: P.O. Box 539003 Henderson, NV 89053-9003 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Employers Compensation Insurance Company at the number provided above. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. EMPLOYERS products and services are provided through Employers Insurance Company of Nevada, Employers Compensation Insurance Company, Employers Preferred Insurance Company and Employers Assurance Company. Not all insurers do business in all jurisdictions. FLCOMPLMNT Rev 08-2009 201 V k ISAVLOYER121" Policyholder Name SOUTH MIAMI CHILDRENS CLINIC Carrier Name EMPLOYERS ASSURANCE CO. Policy Number EIG 1580324 07 Policy Effective Date 12/01 /2019 Policy Expiration Date 12/01 /2020 POLICYHOLDER NOTICE -INSTALLMENT PAYMENT In addition to the deposit premium shown on the Information Page and below as Installment 01, you agree to make the following installment payments on the date specified (if any). These payments may be revised pursuant to analysis of premium based on payrolls which you will submit to us. Installment Number Date Due Amount 01 12/01 /2019 $611.10 02 03/01 /2020 $475.30 03 06/01 /2020 $475.30 04 09/01 /2020 $475.30 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR AGENT OR BROKER ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document FL PHN INST (Ed. 03-07) 202 EMPLDVER,1131aw Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may call Employers toll -free telephone number for information or to make a complaint at: 1-888-682-6671 You may also write to Employers at: P.O. Box 539003 Henderson, NV 89053-9003 PREMIUM OR CLAIM DISPUTES: Should you' have a dispute concerning your premium or about a claim you should contact Employers Compensation Insurance Company at the number provided above. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. EMPLOYERS products and services are provided through Employers Insurance Company of Nevada, Employers Compensation Insurance Company, Employers Preferred Insurance Company and Employers Assurance Company. Not all insurers do business in all jurisdictions. FLCOMPLMNT Rev 08-2009 201 1EMPLOYERS 11 Policyholder Name SOUTH MIAMI CHILDRENS CLINIC Carrier Name EMPLOYERS ASSURANCE CO. Policy Number EIG 1580324 07 Policy Effective Date 12/01/2019 Policy Expiration Date 12/01/2020 POLICYHOLDER NOTICE -INSTALLMENT PAYMENT In addition to the deposit premium shown on the Information Page and below as Installment 01, you agree to make the following installment payments on the date specified (if any). These payments may be revised pursuant to analysis of premium based on payrolls which you will submit to us. Installment Number Date Due Amount 01 12/01/2019 $611.10 02 03/01 /2020 $475.30 03 06/01 /2020 $475.30 04 09/01/2020 $475.30 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR AGENT OR BROKER ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached docwment FL PHN INST (Ed. 03-07) 202 EMPLOYEROT Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may call Employers toll -free telephone number for information or to make a complaint at: 1-888-682-6671 You may also write to Employers at: P.O. Box 539003 Henderson, NV 89053-9003 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Employers Compensation Insurance Company at the number provided above. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. EMPLOYERS products and services are provided through Employers Insurance Company of Nevada, Employers Compensation Insurance Company, Employers Preferred Insurance Company and Employers Assurance Company. Not all insurers do business in all jurisdictions. FLCOMPLAINT Rev 08-2009 201 1:MPLOYER:r Policyholder Name SOUTH MIAMI CHILDRENS CLINIC Carrier Name EMPLOYERS ASSURANCE CO. Policy Number EIG 1580324 07 Policy Effective Date 12/01/2019 Policy Expiration Date 12/01/2020 POLICYHOLDER NOTICE -INSTALLMENT PAYMENT In addition to the deposit premium shown on the Information Page and below as Installment 01, you agree to make the following installment payments on the date specified (if any). These payments may be revised pursuant to analysis of premium based on payrolls which you will submit to us. Installment Number Date Due Amount 01 12/01/2019 $611.10 02 03/01 /2020 $475.30 03 06/01 /2020 $475.30 04 09/01 /2020 $475.30 IF vOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR AGENT OR BROKER ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document FL PHN INST (Ed. 03-07) 202 EmMPLOYERIVIff- Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company Important Notice Regarding Your Workers' Compensation Insurance TO OUR FLORIDA WORKERS' COMPENSATION POLICYHOLDERS: Re: Occupational Safety and Health Loss Control Consultation Services As an EMPLOYERS policyholder you have an extensive array of professional safety and health resources available to you at no additional charge, including: A. Evaluation of existing Injury and Illness Prevention Programs (IIPP) B. Identification and evaluation of work site hazards, materials, personal protective equipment, work methods, processes and facilities C. Safety training programs addressing identified exposures and needed control measures D. Access to claims history reports (loss runs) and accident trend analyses, consisting of a review of reported workers' compensation injuries and identification of causal factors E. Written safety program Employer Guides F. Consultation and recommendations with respect to possible workplace safety improvement measures G. Follow-up services to items listed above For assistance in any of these areas, or for any other occupational safety or health -related questions, please contact EMPLOYERS at: Loss Control Department EMPLOYERS PO Box 539003 Henderson, NV 89053-9003 Loss Control Telephone: (800) 588-5200 E-Mail: losscontrol@employers.com America's small business insurance specialist EMPLOYERS® products and services are provided through Employers Compensation Insurance Company, Employers Insurance Company of Nevada, Employers Preferred Insurance Company, and Employers Assurance Company. EIG Services, Inc. (in California, dba EIG Insurance Services) is an affiliated agency and adjuster. Not all insurers do business in all jurisdictions. LC_PH-001_US Rev.OW018 203 EMPUIVERSv Workers' Compensation and Employers Liability Insurance Policy EMPLOYE F.S ASSURANCE CO. Policy Number FroPolicy Period To A Stack Ccmpany EIG 1580324 07 12/01/g2r0�e19 12/01/2020 1 ,1 011u,dk 'sla4etl�ere In eat the add. of the Transaction RENEWAL DECLARATIONS NCCI Carrier # 36870 WCIRB CARRIER# PRIOR POLICY NUMBER EIG158032406 1. Named Insured and Address Agent SOUTH MIAMI CHILDRENS CLINIC ACRISURE LLC 0002129 6701 SW 58TH PLACE FLETCHER & COMPANY SOUTH MIAMI FL 33143 PO BOX 550069 JACKSONVILLE BEACH, FL 32240 Telephone: 9046940315 Customer# Carrier# FEIN # 1 Risk ID # Entity of Insured 1 36870 204583206 CORPORATION Additional Locations: 2. The Policy Period is from 12/01/2019 to 12/01/2020 12:01 a.m. Standard Time at the Insured's mailing address. 3. A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers Liability Insurance: Part TWO of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part TWO are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1,000,000 each employee C. Other States Insurance: Part THREE of the policy applies to the states, if any, listed here: All states except ND, OH, WA, WY and states listed in item 3.A. D. This policy includes these endorsements and schedules: See attached schedule. 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans. All information required below is subject to verification and change by audit. SEE EXTENSION OF INFORMATION PAGE Minimum Premium $ 198 Assessments and Taxes $ ❑ This is a Three Year Fixed Rate Policy Premium Adjustment Period: ® Annual; Countersigned this Day of Issued Date: 10/22/2019 Expense Constant $ 160 Premium Discount $ Total Estimated AnnualPreniium $ 2,037 ❑ Semiannual; ❑ Quarterly; ❑ Monthly yL9Z& Authorized Representative Issuing Cffice EMPLOYERS ASSURANCE CO. 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 Issued Date 10/22/2019 INSURED COPY WC990630 (5/98 Ed.) Page 1 of 4 204 .r J EmMPU3YER!q21mw EMPLOYERS ASSURANCE CO. A Stock Company 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 . I WORKERS' COMPENSATION ANa EMPLOI't`ERS LIABILITY INSURANCE POLICY Policy Number: EIG 1580324 07 Named Insured: SOUTH MIAMI CHILDRENS CLINIC Agent: ACRISURE LLC 0002129 EXTENSION OF INFORMATION PAGE CLASSIFICATION OF OPERATIONS Premium Basis Rate Per Code Total Est. Annual $100 of No. Classification Description Remuneration Remuneration Florida Rating Period: 12/01 /2019 through 12/01 /2020 Site 00001 8832 PHYSICIAN & CLERICAL Site 00001 Total Total of Sites for Rating Period Rating Period Total Rating Period: 12/01/2019 through 12/01/2020 9812 INCREASED COVERAGE II 9848 BALANCE TO MIN PREM-COVERAGE II 0900 EXPENSE CONSTANT 9740 TERRORISM PREMIUM Rating Period Total State Total Policy Total Issued Date 10/22/2019 WC990630 (5/98 Ed.) Estimated Annual Premium 450,535 0.380000 1,712.00 $ 1,712.00 $ 1,712.00 $ 1,712.00 1,712 0.014000 24.00 96.00 160.00 450,535 0.010000 45.00 $ 325.00 $ 2,037.00 $ 2,037.00 INSURED COPY Page 2 of 4 205 F_MPiOYERS' EMPLOYERS ASSURANCE CO. A Stock Company 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 State FL 1 SOUTH MIAMI CHILDRENS CLINIC 67-01 SW 58TH PLACE SOUTH MIAMI FL 33143 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy Number: EIG 1580324 07 Named Insured: SOUTH MIAMI CHILDRENS CLINIC Agent: ACRISURE LLC 0002129 SITE LOCATION SCHEDULE Issued Data: 10/22/2019 WC99041 D (7/06 Ed.) INSURED COPY Page 3 of 4 206 EOMPLDYERallmm EMPLOYERS ASSURANCE CO. A Stock Company 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 WORKERS' COMPENSATION AISIMMPLOYERS LIABILITY INSURANCE POLICY Policy Number: EIG 1580324 07 Named Insured: SOUTH MIAMI CHILDRENS CLINIC Agent: ACRISURE LLC 0002129 ENDORSEMENT SCHEDULE State Form Nbr. Ed. Date Description FL WC000000C (1/15) WC/EL INS. POLICY FORM BOOKLET FL WC000403 (4/84) EXPERIENCE RATING MOD FCTR FL WC000404 (4/84) PENDING RATE CHANGE ENDT FL WC000406A (7/95) PREMIUM DISCOUNT ENDORSEMENT FL WC000414A (1/19) NOTIFICATION OF CHG OWNERSHIP FL WC000419 (1/01) PREMIUM DUE DATE ENDORSEMENT FL WC090303 (8/05) FLORIDA EMPL LIAB COVERAGE FL WC090403B (1/15) FLORIDA TERRORISM RISK EXT ACT FL WC090407 (7/13) FL NON -COOP WITH PREM AUDIT EN FL WC090606 (10/98) FLORIDA EMPL AND WAGE INFO REL FL WC990690 (12/08) DIVIDEND PARTICIPATION EN EAC Issued Date: 10/22/2019 INSURED COPY WC990633 (5/98 Ed.) Page 4 of 4 207 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY such third party as a result of injury to your em- ployee; 2. For care and loss of services; and 3. For consequential bodily injury to a spouse, child, parent, brother or sister of the injured em- ployee; provided that these damages are the di- rect consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and 4. Because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity other than as employer. C. Exclusions This insurance does not cover: 1. Liability assumed under a contract. This exclu- sion does not apply to a warranty that your work will be done in a workmanlike manner; 2. Punitive or exemplary damages because of bodi- ly injury to an employee employed in violation of law; 3. Bodily injury to an employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers; 4. Any obligation imposed by a workers compensa- tion, occupational disease, unemployment com- pensation, or disability benefits law, or any simi- lar law; 5. Bodily injury intentionally caused or aggravated by you; 6. Bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. Damages arising out of coercion, criticism, de- motion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimina- tion against or termination of any employee, or any personnel practices, policies, acts or omissions; 8. Bodily injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act (33 U.S.C. Sections 901 et seq.), the Nonap- propriated Fund Instrumentalities Act (5 U.S.C. Sections 8171 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. Sections 1331 et seq.), the Defense Base Act (42 U.S.C. Sections 1651-1654), the Federal Mine Safety and Health Act (30 U.S.C. Sections 801 et seq. and 901- 944), any other federal workers or workmen's compensation law or other federal occupational disease law, or any amendments to these laws; WC 00 00 00 C (Ed. 1-15) 9. Bodily injury to any person in work subject to the Federal Employers' Liability Act (45 U.S.C. Sec- tions 51 et seq.), any other federal laws obligat- ing an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws; 10. Bodily injury to a master or member of the crew of any vessel, and does not cover punitive dam- ages related to your duty or obligation to provide transportation, wages, maintenance, and cure under any applicable maritime law; 11. Fines or penalties imposed for violation of feder- al or state law; and 12. Damages payable under the Migrant and Sea- sonal Agricultural Worker Protection Act (29 U.S.C. Sections 1801 et seq.) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws. D. We Will Defend We have the right and duty to defend, at our ex- pense, any claim, proceeding or suit against you for damages payable by this insurance. We have the right to investigate and settle these claims, proceed- ings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit of liability under this insurance. E. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incurred at our request, but not loss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 5. Expenses we incur. WC 00 00 00 C 3 of 6 (Ed. 1-15) 210 ® Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. EmMPLOYEMIr Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may call Employers toll -free telephone number for information or to make a complaint at: 1-888-682-6671 You may also write to Employers at: P.O. Box 539003 Henderson, NV 89053-9003 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Employers Compensation Insurance Company at the number provided above. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. EMPLOYERS products and services are provided through Employers Insurance Company of Nevada, Employers Compensation Insurance Company, Employers Preferred Insurance Company and Employers Assurance Company. Not all insurers do business in all jurisdictions. FLCOMPLAtNT Rev 08-2009 201 EmMPLOYER011' Poricyholder Name SOUTH MIAMI CHILDRENS CLINIC Carrier Name EMPLOYERS ASSURANCE CO. Policy Number EIG 1580324 07 Poffcy Effective Date 12/01 /2019 Poliicy Expiration Date 12/01 /2020 POLICYHOLDER NOTICE -INSTALLMENT PAYMENT In addition to the deposit premium shown on the Information Page and below as Installment 01, you agree to make the following installment payments on the date specified (if any). These payments may be revised pursuant to analysis of premium based on payrolls which you will submit to us. Installment Number Date Due Amount 01 12/01 /2019 $611.10 02 03/01 /2020 $475.30 03 06/01 /2020 $475.30 04 09/01 /2020 $475.30 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR AGENT OR BROKER ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document FL PHN INST (Ed. 03-07) 202 EMPLOYER1,11031"' Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may call Employers toll -free telephone number for information or to make a complaint at: 1-888-682-6671 You may also write to Employers at: P.O. Box 539003 Henderson, NV 89053-9003 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Employers Compensation Insurance Company at the number provided above. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. EMPLOYERS products and services are provided through Employers Insurance Company of Nevada, Employers Compensation Insurance Company, Employers Preferred Insurance Company and Employers Assurance Company. Not all insurers do business in all jurisdictions. FLCOMPLAINT Rev 08-2009 201 fS1MPLOYFR:3 Policyholder Name SOUTH MIAMI CHILDRENS CLINIC Carrier Name EMPLOYERS ASSURANCE CO. Policy Number EIG 1580324 07 Po5cy Effective Date 12/01 /2019 Policy Expiration Date 12/01 /2020 POLICYHOLDER NOTICE -INSTALLMENT PAYMENT In addition to the deposit premium shown on the Information Page and below as Installment 01, you agree to make the following installment payments on the date specified (if any). These payments may be revised pursuant to analysis of premium based on payrolls which you will submit to us. Installment Number Date Due Amount 01 12/01 /2019 $611.10 02 03/01 /2020 $475.30 03 06/01 /2020 $475.30 04 09/01 /2020 $475.30 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR AGENT OR BROKER ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document FL PHN INST (Ed. 03-07) 202 EmMPLOYER9"j- Employers Compensation Insurance Company Employers Insurance Company of Nevada Employers Preferred Insurance Company Employers Assurance Company Important Notice Regarding Your Workers' Compensation Insurance TO OUR FLORIDA WORKERS' COMPENSATION POLICYHOLDERS: Re: Occupational Safety and Health Loss Control Consultation Services As an EMPLOYERS policyholder you have an extensive array of professional safety and health resources available to you at no additional charge, including: A. Evaluation of existing Injury and Illness Prevention Programs (IIPP) B. Identification and evaluation of work site hazards, materials, personal protective equipment, work methods, processes and facilities C. Safety training programs addressing identified exposures and needed control measures D. Access to claims history reports (loss runs) and accident trend analyses, consisting of a review of reported workers' compensation injuries and identification of causal factors E. Written safety program Employer Guides F. Consultation and recommendations with respect to possible workplace safety improvement measures G. Follow-up services to items listed above For assistance in any of these areas, or for any other occupational safety or health -related questions, please contact EMPLOYERS at: Loss Control Department EMPLOYERS PO Box 539003 Henderson, NV 89053-9003 Loss Control Telephone: (800) 588-5200 E-Mail: losscontrol@employers.com America's small business insurance specialist EMPLOYERS® products and services are provided through Employers Compensation Insurance Company, Employers Insurance Company of Nevada, Employers Preferred Insurance Company, and Employers Assurance Company. EIG Services, Inc. (in California, dba EIG Insurance Services) is an affiliated agency and adjuster. Not all insurers do business in all jurisdictions. LC —PH 001_US Rev.0512018 203 EMPIMER " Workers' Compensation and Employers Liability Insurance Policy EMPLOYERS ASSURANCE CO. Policy Number From Policy Period To A Stock Company EIG 1580324 07 12101 /g2Ia0na19 12/01/2020 12:01A.M. laladltm Time at the address of the 1 Insuretl ass ed erein Transaction RENEWAL DECLARATIONS NCCI Carrier# 36870 WCIRB CARRIER# PRIOR POLICY NUMBER EIG158032406 1. Named Insured and Address Agent SOUTH MIAMI CHILDRENS CLINIC ACRISURE LLC 0002129 6701 SW 58TH PLACE FLETCHER & COMPANY SOUTH MIAMI FL 33143 PO BOX 550069 JACKSONVILLE BEACH, FL 32240 Telephone: 9046940315 Customer Carder # FEIN # 1 Risk ID # Entity of Insured 36870 204583206 CORPORATION Additional Locations: 2. The Policy Period is from 12/01/2019 to 12/01/2020 12:01 a.m. Standard Time at the Insured's mailing address. 3. A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers Liability Insurance: Part TWO of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part TWO are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1,000,000 each employee C. Other States Insurance: Part THREE of the policy applies to the states, if any, listed here: All states except ND, OH, WA, WY and states listed in item 3.A. D. This policy includes these endorsements and schedules: See attached schedule. 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans. All information required below is subject to verification and change by audit. Minimum Premium $ Assessments and Taxes $ SEE EXTENSION OF INFORMATION PAGE 198 Expense Constant $ 160 Premium Discount $ Total Estimated AnnualPremium $ 2,037 ❑ This is a Three Year Fixed Rate Policy Premium Adjustment Period: ® Annual; ❑ Semiannual; ❑ Quarterly; El Monthly Countersigned this Day of J "Lv Issued Dale: 10/22/2019 Authorized Representative Issuing Office EMPLOYERS ASSURANCE CO. 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 Issued Date 10/22/2019 WC990630 �5/98 Ed.) INSURED COPY 204 Page 1 of 4 • ? J rMPU3YFRT EMPLOYERS ASSURANCE CO. A Stock Company 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 WORKERS' COMPENSATION ANIS EMPLO`I�ERS LIABILITY INSURANCE POLICY Policy Number: EIG 1580324 07 Named Insured: SOUTH MIAMI CHILDRENS CLINIC Agent: ACRISURE LLC 0002129 EXTENSION OF INFORMATION PAGE CLASSIFICATION OF OPERATIONS Premium Basis Rate Per Estimated Code Total Est. Annual $100 of Annual No. Classification Description Remuneration Remuneration Premium Florida Rating Period: 12/01/2019 through 12/01/2020 Site 00001 8832 PHYSICIAN & CLERICAL 450,535 0.380000 1,712.00 Site 00001 Total $ 1,712.00 Total of Sites for Rating Period $ 1,712.00 Rating Period Total $ 1,712.00 Rating Period: 12/01/2019 through 12/01/2020 9812 INCREASED COVERAGE II 1,712 0.014000 24.00 9848 BALANCE TO MIN PREM-COVERAGE II 96.00 0900 EXPENSE CONSTANT 160.00 9740 TERRORISM PREMIUM 450,535 0.010000 45.00 Rating Period Total $ 325.00 State Total $ 2,037.00 Policy Total $ 2,037.00 Issued Date 10/22/2019 INSURED COPY WC990630 (5/98 Ed.) Page 2 of 4 205 EMPLOYERS' EMPLOYERS ASSURANCE CO. A Stock Company 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE.. NC 28277-2685 State FL SOUTH MIAMI CHILDRENS CLINIC 67-01 SW 58TH PLACE SOUTH MIAMI FL 33143 1 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy Number: EIG 1580324 07 Named Insured: SOUTH MIAMI CHILDRENS CLINIC Agent: ACRISURE LLC 0002129 SITE LOCATION SCHEDULE Issued Date: 10/22/2019 WC990410 (7/06 Ed.) INSURED COPY Page 3 of 4 206 EMPLOYERS' EMPLOYERS ASSURANCE CO. A Stock Company 14120 BALLANTYNE CORPORATE PLACE, SUITE 100 CHARLOTTE, NC 28277-2685 WORKERS' COMPENSATION AND''EMPLOYMERS LIABILITY INSURANCE POLICY Policy Number: EIG 1580324 07 Named Insured: SOUTH MIAMI CHILDRENS CLINIC Agent: ACRISURE LLC 0002129 ENDORSEMENT SCHEDULE State Form Nbr. Ed. Date Description FL W0000000C (1/15) WC/EL INS. POLICY FORM BOOKLET FL W0000403 (4/84) EXPERIENCE RATING MOD FCTR FL WC000404 (4/84) PENDING RATE CHANGE ENDT FL WC000406A (7/95) PREMIUM DISCOUNT ENDORSEMENT FL WC000414A (1/19) NOTIFICATION OF CHG OWNERSHIP FL WC000419 (1/01) PREMIUM DUE DATE ENDORSEMENT FL WC090303 (8/05) FLORIDA EMPL LIAB COVERAGE FL WC090403B (1/15) FLORIDA TERRORISM RISK EXT ACT FL WC090407 (7/13) FL NON -COOP WITH PREM AUDIT EN FL WC090606 (10/98) FLORIDA EMPL AND WAGE INFO REL FL WC990690 (12/08) DIVIDEND PARTICIPATION EN EAC Issued Date: 10/22/2019 INSURED COPY WC990633 (5/98 Ed.) Page 4 of 4 207 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: M4il_4;7_g a37[a]: A. The Policy This policy includes at its effective date the Infor- mation Page and all endorsements and schedules listed there. It is a contract of insurance between you (the employer named in Item 1 of the Infor- mation Page) and us (the insurer named on the In- formation Page). The only agreements relating to this insurance are stated in this policy. The terms of this policy may not be changed or waived except by endorsement issued by us to be part of this policy. B. Who is Insured You are insured if you are an employer named in Item 1 of the Information Page. If that employer is a parnership, and if you are one of its partners, you are insured, but only in your capacity as an em- ployer of the partnership's employees. C. Workers Compensation Law Workers Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A of the Information Page. It includes any amendments to that law which are in effect during the policy period. It does not include any federal workers or workmen's compensation law, any fed- eral occupational disease law or the provisions of any law that provide nonoccupational disability benefits. D. State State means any state of the United States of America, and the District of Columbia. E. Locations This policy covers all of your workplaces listed in Items 1 or 4 of the Information Page; and it covers all other workplaces in Item 3.A. states unless you have other insurance or are self -insured for such wor<places. WC 00 00 00 C (Ed. 1-15) PART ONE WORKERS COMPENSATION INSURANCE A. How This Insurance Applies This workers compensation insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. Bodily injury by accident must occur during the policy period. 2. Bodily injury by disease must be caused or ag- gravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily in- jury by disease must occur during the policy pe- riod. B. We Will Pay We will pay promptly when due the benefits required of you by the workers compensation law. C. We Will Defend We have the right and duty to defend at our expense any claim, proceeding or suit against you for benefits payable by this insurance. We have the right to in- vestigate and settle these claims, proceedings or suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. D. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding or suit we defend: 1. reasonable expenses incurred at our request, but not loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the amount payable under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this insurance; and 5. expenses we incur. E. Other insurance We will not pay more than our share of benefits and costs covered by this insurance and other WC 00 00 00 C 1 of 6 (Ed. 1-15) © Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. 41111.3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY insurance or self-insurance. Subject to any limits of liability that may apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance will be equal until the loss is paid. F. Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the workers compensation law including those required because: 1. of your serious and willful misconduct; 2. you knowingly employ an employee in violation of law; 3. you fail to comply with a health or safety law or regulation; or 4. you discharge, coerce or otherwise discriminate against any employee in violation of the workers compensation law. If we make any payments in excess of the benefits regularly provided by the workers compensation law on your behalf, you will reimburse us promptly. G. Recovery From Others We have your rights, and the rights of persons enti- tled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. H. Statutory Provisions These statements apply where they are required by law. 1. As between an injured worker and us, we have notice of the injury when you have notice. 2. Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our du- ties under this insurance after an injury occurs. 3. We are directly and primarily liable to any per- son entitled to the benefits payable by this in- surance. Those persons may enforce our duties; so may an agency authorized by law. Enforce- ment may be against us or against you and us. 4. Jurisdiction over you is jurisdiction over us for purposes of the workers compensation law. We are bound by decisions against you under that law, subject to the provisions of this policy that are not in conflict with that law. 5. This insurance conforms to the parts of the WC 00 00 00 C (Ed. 1-15) workers compensation law that apply to: a. benefits payable by this insurance; b. special taxes, payments into security or oth- er special funds, and assessments payable by us under that law. 6. Terms of this insurance that conflict with the workers compensation law are changed by this statement to conform to that law. Nothing in these paragraphs relieves you of your du- ties under this policy. PART TWO EMPLOYERS LIABILITY INSURANCE A. How This Insurance Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must arise out of and in the course of the injured employee's employment by you. 2. The employment must be necessary or inci- dental to your work in a state or territory listed in Item 3.A. of the Information Page. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or ag- gravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily in- jury by disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by ac- cident or by disease must be brought in the United States of America, its territories or pos- sessions, or Canada. B. We Will Pay We will pay all sums that you legally must pay as damages because of bodily injury to your employ- ees, provided the bodily injury is covered by this Employers Liability Insurance. The damages we will pay, where recovery is permit- ted by law, include damages: 1. For which you are liable to a third party by rea- son of a claim or suit against you by that third party to recover the damages claimed against WC000000C 2of6 (Ed. 1-15) 209 0 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY such third party as a result of injury to your em- ployee; 2. For care and loss of services; and 3. For consequential bodily injury to a spouse, child, parent, brother or sister of the injured em- ployee; provided that these damages are the di- rect consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and 4. Because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity other than as employer. C. Exclusions This insurance does not cover: 1. Liability assumed under a contract. This exclu- sion does not apply to a warranty that your work will be done in a workmanlike manner; 2. Punitive or exemplary damages because of bodi- ly injury to an employee employed in violation of law; 3. Bodily injury to an employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers; 4. Any obligation imposed by a workers compensa- tion, occupational disease, unemployment com- pensation, or disability benefits law, or any simi- lar law; 5. Bodily injury intentionally caused or aggravated by you; 6. Bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. Damages arising out of coercion, criticism, de- motion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimina- tion against or termination of any employee, or any personnel practices, policies, acts or omissions; 8. Bodily injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act (33 U.S.C. Sections 901 et seq.), the Nonap- propriated Fund Instrumentalities Act (5 U.S.C. Sections 8171 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. Sections 1331 et seq.), the Defense Base Act (42 U.S.C. Sections 1651-1654), the Federal Mine Safety and Health Act (30 U.S.C. Sections 801 et seq. and 901- 944), any other federal workers or workmen's compensation law or other federal occupational disease law, or any amendments to these laws; WC 00 00 00 C (Ed. 1-15) WC 00 00 00 C (Ed. 1-15) 9. Bodily injury to any person in work subject to the Federal Employers' Liability Act (45 U.S.C. Sec- tions 51 et seq.), any other federal laws obligat- ing an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws; 10. Bodily injury to a master or member of the crew of any vessel, and does not cover punitive dam- ages related to your duty or oblication to provide transportation, wages, maintenance, and cure under any applicable maritime law; 11. Fines or penalties imposed for violation of feder- al or state law; and 12. Damages payable under the Migrant and Sea- sonal Agricultural Worker Protection Act (29 U.S.C. Sections 1801 et seq.) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws. D. We Will Defend We have the right and duty to defend, at our ex- pense, any claim, proceeding or suit against you for damages payable by this insurance. We have the right to investigate and settle these claims, proceed- ings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit of liability under this insurance. E. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incurred at our request, but not loss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 5. Expenses we incur. 3of6 210 m Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY F. Other Insurance We will not pay more than our share of damages and costs covered by this insurance and other in- surance or self-insurance. Subject to any limits of li- ability that apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is ex- hausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid. G. Limits of Liability Our liability to pay for damages is limited. Our limits of liability are shown in Item 3.6. of the Information Page. They apply as explained below. 1. Bodily Injury by Accident. The limit shown for "bodily injury by accident —each accident" is the most we will pay for all damages covered by this insurance because of bodily injury to one or more employees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 2. Bodily Injury by Disease. The limit shown for "bodily injury by disease —policy limit" is the most we will pay for all damages covered by this insurance and arising out of bodily injury by dis- ease, regardless of the number of employees who sustain bodily injury by disease. The limit shown for "bodily injury by disease each em- ployee" is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily injury by disease does not include dis- ease that results directly from a bodily injury by accident. 3. We will not pay any claims for damages after we have paid the applicable limit of our liability un- der this insurance. H. Recovery From Others We have your rights to recover our payment from anyone liable for an injury covered by this insurance. You will do everything necessary to protect those rights for us and to help us enforce them. Actions Against Us There will be no right of action against us under this insurance unless: 1. You have complied with all the terms of this poli- cy; and WC 00 00 00 C (Ed. 1-15) 2. The amount you owe has been determined with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a defendant in an action against you to deter- mine your liability. The bankruptcy or insolvency of you or your estate will not relieve us of our obliga- tions under this Part. PART THREE OTHER STATES INSURANCE A. How This Insurance Applies 1. This other states insurance applies only if one or more states are shown in Item 3.C. of the Infor- mation Page. 2. If you begin work in any one of those states after the effective date of this policy and are not in- sured or are not self -insured for such work, all provisions of the policy will apply as though that state were listed in Item 3.A. of the Information Page. 3. We will reimburse you for the benefits required by the workers compensation law of that state if we are not permitted to pay the benefits directly to persons entitled to them. 4. If you have work on the effective date of this pol- icy in any state not listed in Item 3.A. of the In- formation Page, coverage will not be afforded for that state unless we are notified within thirty days. B. Notice Tell us at once if you begin work in any state listed in Item 3.C. of the Information Page. WC000000C 4of6 (Ed. 1-15) PART FOUR YOUR DUTIES IF INJURY OCCURS Tell us at once if injury occurs that may be covered by this policy. Your other duties are listed here. 1. Provide for immediate medical and other ser- vices required by the workers compensation law. 2. Give us or our agent the names and addresses of the injured persons and of witnesses, and other information we may need. 3. Promptly give us all notices, demands and legal 211 0 Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. WORK I-RS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY papers related to the injury, claim, proceeding or suit. 4. Cooperate with us and assist us, as we may re- quest, in the investigation, settlement or defense of any claim, proceeding or suit. 5. Do nothing after an injury occurs that would in- terfere with our right to recover from others. 6. Do not voluntarily make payments, assume obli- gations or incur expenses, except at your own cost. 7d1399lr1==:J:7=1kdUti1 A. Our Manuals All premium for this policy will be determined by our manuals of rules, rates, rating plans and classifica- tions. We may change our manuals and apply the changes to this policy if authorized by law or a gov- ernmental agency regulating this insurance. B. Classifications Item 4 of the Information Page shows the rate and premium basis for certain business or work classifi- cations. These classifications were assigned based on an estimate of the exposures you would have during the policy period. If your actual exposures are not properly described by those classifications, we will assign proper classifications, rates and premium basis by endorsement to this policy. C. Remuneration Premium for each work classification is determined by multiplying a rate times a premium basis. Remu- neration is the most common premium basis. This premium basis includes payroll and all other remu- neration paid or payable during the policy period for the services of: 1. all your officers and employees engaged in work covered by this policy; and 2. all other persons engaged in work that could make us liable under Part One (Workers Com- pensation Insurance) of this policy. If you do not have payroll records for these persons, the con- tract price for their services and materials may be used as the premium basis. This paragraph 2 will not apply if you give us proof that the em- ployers of these persons lawfully secured their workers compensation obligations. WC 00 00 00 C (Ed.1-15) WC 00 00 00 C (Ed. 1-15) D. Premium Payments You will pay all premium when due. You will pay the premium even if part or all of a workers compensa- tion law is not valid. E. Final Premium The premium shown on the Information Page, schedules, and endorsements is an estimate. The final premium will be determined after this policy ends by using the actual, not the estimated, premi- um basis and the proper classifications and rates that lawfully apply to the business and work covered by this policy. If the final premium is more than the premium you paid to us, you must pay us the bal- ance. If it is less, we will refund the balance to you. The final premium will not be less than the highest minimum premium for the classifications covered by this policy. If this policy is canceled, final premium will be de- termined in the following way unless our manuals provide otherwise: 1. If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rate share of the minimum premium. 2. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force, and increased by our short -rate cancelation table and procedure. Final premium will not be less than the minimum premium. F. Records You will keep records of information needed to com- pute premium. You will provide us with copies of those records when we ask for them. G. Audit You will let us examine and audit all your records that relate to this policy. These records include ledg- ers, journals, registers, vouchers, contracts, tax re- ports, payroll and disbursement records, and pro- grams for storing and retrieving data. We may con- duct the audits during regular business hours during the policy period and within three years after the pol- icy period ends. Information developed by audit will be used to determine final premium. Insurance rate service organizations have the same rights we have under this provision. 5of6 212 ©Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PART SIX —CONDITIONS A. Inspection We have the right, but are not obliged to inspect your workplaces at any time. Our inspections are not safety inspections. They relate only to the insurabili- ty of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide for the health or safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. Insurance rate service organiza- tions have the same rights we have under this provision. B. Long Term Policy If the policy period is longer than one year and six- teen days, all provisions of this policy will apply as though a new policy were issued on each annual anniversary that this policy is in force. C. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. WC 00 00 00 C (Ed. 1-15) If you die and we receive notice within thirty days af- ter your death, we will cover your legal representa- tive as insured. D. Cancelation 1. You may cancel this policy. You must mail or de- liver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We must mail or de- liver to you not less than ten days advance writ- ten notice stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancelation notice. 4. Any of these provisions that conflict with a law that controls the cancelation of the insurance in this policy is changed by this statement to com- ply with the law. E. Sole Representative The insured first named in Item 1 of the Information Page will act on behalf of all insureds to change this policy, receive return premium, and give or receive notice of cancelation. Your Workers' Compensation and Employers Liability Insurance Coverage afforded by this policy is provided by the Company named on the policy Information Page. In witness thereof, the Company has caused this policy to be executed, attested and countersigned by a duly authorized representative of the Company A4 Presidennthief Operating Officer WC 00 00 00 C (Ed. 1-15) 000 �l+ 6r r SVP, Chief Underwriting Officer 6of6 213 O Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 03 (Ed. 4-84) EXPERIENCE RATING MODIFICATION FACTOR ENDORSEMENT The premium for the policy will be adjusted by an experience rating modification factor. The factor was not available when the policy was issued. The factor, if any, shown on the Information Page is an estimate. We will issue an endorsement to show the proper factor, if different from the factor shown, when it is calcula- ted. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective at 12:01 AM standard time, forms a part of Policy No. Of the Issued to Premium Cc untersigned at on Carrier Code By: Endorsement No. Authorized Representative WC 00 04 03 (Ed. 4-84) ©National Council on Compensation Insurance, Inc. 214 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 04 (Ed. 4-84) PENDING RATE CHANGE ENDORSEMENT A rate change filing is being considered by the proper regulatory authority. The filing may result in rates different from the rates shown on the policy. If it does, we will issue an endorsement to show the new rates and their effective date. If only one state is shown in Item 3.A. of the Information Page, this endorsement applies to that state. If more than one state is shown there, this endorsement applies only in the state shown in the Schedule. Schedule State FLORIDA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective at 12:01 AM standard time, forms a part of Policy No. Of the Issued to Premium Countersigned at on Carrier Code By: Endorsement No. Authorized Representative WC 00 04 04 (Ed. 4-84) © National Council on Compensation Insurance, Inc. 215 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 06 A (Ed. 7-95) PREMIUM DISCOUNT ENDORSEMENT The premium for this policy and the policies, if any, listed in Item 3 of the Schedule may be eligible for a discount. This endorsement shows your estimated discount in Items 1 or 2 of the Schedule. The final calculation of premium discount will be determined by our manuals and your premium basis as determined by audit. Premium subject to retrospective rating is not subject to premium discount. Schedule 1. State First Next Next Balance $10, 000 $190,000 $1,550,000 Over $1, 750, 000 FLORIDA 0.0% 9.1% 11.3% 12.3% 2. Average percentage discount: Refer to the Extension of Information Page 3. Other policies: 4. If there are no entries in Items 1, 2 and 3 of the Schedule, see the Premium Discount Endorsement attached to your policy number: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective at 12:01 AM standard time, forms a part of Policy No. Of the Issued to Premium Countersigned at on Carrier Code By: Endorsement No. Authorized Representative WC 00 04 06 A (Ed. 7-95) © National Council on Compensation Insurance, Inc. 216 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0414 A (Ed. 1-19) 90-DAY REPORTING REQUIREMENT —NOTIFICATION OF CHANGE IN OWNERSHIP ENDORSEMENT You must report any change in ownership to us in writing within 90 days of the date of the change. Change in ownership includes sales, purchases, other transfers, mergers, consolidations, dissolutions, formations of a new entity, and other changes provided for in the applicable experience rating plan. Experience rating is mandatory for all, eligible insureds. The experience rating modification factor, if any, applicable to this policy, may change if there is a change in your ownership or in that of one or more of the entities eligible to be combined with you for experience rating purposes. Failure to report any change in ownership, regardless of whether the change is reported within 90 days of such change, may result in revision of the experience rating modification factor used to determine your premium. This reporting requirement applies regardless of whether an experience rating modification is currently applicable to this policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective Policy No. Issued to Premium Countersigned at WC 00 0414 A (Ed. 1-19) at 12:01 AM standard time, forms a part of Of the on Carrier Code By: Endorsement No. Authorized Representative 217 © Copyright 2017 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PREMIUM DUE DATE ENDORSEMENT This endorsement is used to amend: Section D. of Part Five of the policy is replaced by this provision. PART FIVE PREMIUM D. Premium is amended to read: WC 00 04 19 (Ed. 1-01) You will pay all premium when due. You will pay the premium even if part or all of a workers compensa- tion law is not valid. The due date for audit and retrospective premiums is the date of the billing. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective at 12:01 AM standard time, forms a part of Policy No. Issued to Premium Countersigned at Of the Carrier Code on By: Endorsement No. Authorized Representative WC 00 0419 (Ed. 1-01) © National Council on Compensation Insurance, Inc. 218 ti r WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY FLORIDA EMPLOYERS LIABILITY COVERAGE ENDORSEMENT C. Exclusion 5, Section C. of Part Two of the policy, is replaced by following: This insurance does not cover It WC 09 03 03 (Ed. 8-05) 5. bodily injury intentionally caused or aggravated by you or which is the result of your engaging in conduct equivalent to an intentional tort, however defined, or other tortious conduct, such that you lose your immunity from civil liability under the workers compensation laws. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective at 12:01 AM standard time, forms a part of Policy No. Of the Issued to Premium Countersigned at on Carrier Code By: Endorsement No. Authorized Representative WC 09 03 03 (Ed. 8-05) © National Council on Compensation Insurance, Inc. 219 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 09 04 03 B (Ed. 1-15) FLORIDA TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT ENDORSEMENT This endorsement addresses requirements of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015. Definitions The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act. If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. 1. "Act" means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments, including any amendments resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2015. 2. "Act of Terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States as meeting all of the following requirements: a. The act is an act of terrorism. b. The act is violent or dangerous to human life, property or infrastructure. c. The act resulted in damage within the United States, or outside of the United States in the case of the premises of United States missions or certain air carriers or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Insured Loss" means any loss resulting from an act of terrorism (including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if the loss occurs in the United States or at the premises of United States missions or to certain air carriers or vessels. 4. "Insurer Deductible" means, for the period beginning on January 1, 2015, and ending on December 31, 2020, an amount equal to 20% of our direct earned premiums, during the immediately preceding calendar year. Limitation of Liability The Act may limit our liability to you under this policy. If aggregate Insured Losses exceed $100,000,000,000 in a calendar year and if we have met our Insurer Deductible, we may not be liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate Insured Losses up to $100,000,000,000, we may only have to pay a pro rata share of such Insured Losses as determined by the Secretary of the Treasury. Policyholder Disclosure Notice 1- Insured Losses would be partially reimbursed by the United States Government. If the aggregate industry Insured Losses exceed: a. $100,000,000, with respect to such Insured Losses occurring in calendar year 2015, the United States Government would pay 85% of our Insured Losses that exceed our Insurer Deductible. b. $120,000,000, with respect to such Insured Losses occurring in calendar year 2016, the United States Government would pay 84% of our Insured Losses that exceed our Insurer Deductible. c. $140,000,000, with respect to such Insured Losses occurring in calendar year 2017, the United States Government would pay 83% of our Insured Losses that exceed our Insurer Deductible. d. $160,000,000, with respect to such Insured Losses occurring in calendar year 2018, the United States Government would pay 82% of our Insured Losses that exceed our Insurer Deductible. e. $180,000,000, with respect to such Insured Losses occurring in calendar year 2019, the United States Government would pay 81 % of our Insured Losses that exceed our Insurer Deductible. f. $200,000,000, with respect to such Insured Losses occurring in calendar year 2020, the United States Government would pay 80% of our Insured Losses that exceed our Insurer Deductible. WC 09 04 03 B (Ed. 1'-15) Page 1 of 2 © Copyright 2015 National Council on Compensation Insurance, Inc. All Rights Reserved. 220 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 09 04 03 B (Ed. 1-15) 2. Notwithstanding item 1 above, the United States Government may not have to make any payment under the Act for any portion of Insured Losses that exceed $100,000,000,000. 3. The premium charged for the coverage for Insured Losses under this policy is included in the amount shown in Item 4 of the Information Page or the Schedule below. Schedule Rate per $100 of Remuneration $0.010000 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective Policy No. Issued to Premium Countersigned at at 12:01 AM standard time, forms a part of Of the on Carrier Code M WC 09 04 03 B (Ed. 1-15) Page 2 of 2 ®Copyright 2015 National Council on Compensation Insurance, Inc. All Rights Reserved. Endorsement No. Authorized Representative 221 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 09 04 07 (Ed. 07-13) FLORIDA NON -COOPERATION WITH PREMIUM AUDIT ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Florida is shown in Item 3.A. of the Information Page. This endorsement adds the following provisions to Part Five —Premium, G. Audit, of the policy: We are required to complete the premium audit process no later than 90 days after policy termination. If you fail to return voluntary audit requests or refuse to cooperate in completing a final physical audit, you must pay a premium to us not to exceed three times the most recent estimated annual premium on this policy subject to the following conditions: 1. We make two good faith efforts to obtain the voluntary audit report or complete the physical audit. 2. We document the audit file regarding the above attempts to obtain the required audit information. 3. After the two good faith attempts to obtain records, we send a letter by certified mail to you advising you of the specific records that are required and the premium that will be charged if you continue to refuse access to the records. If you do not provide all of the specific records required and if we satisfy the conditions above on or before 90 days from the date of policy termination, we may continue to try and conduct the audit and/or re -open the audit for up to three years from the date of policy termination. Alternatively, we may immediately bill you for your final premium. If you provide all of the specific records required to complete the premium audit process within the three year period, we will determine your final premium in accordance with Part Five —Premium, E. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective Policy No. Issued to Premium Countersigned at WC 09 04 07 (Ed. 07-13) at 12:01 AM standard time, forms a part of Of the on Carrier Code 0 © National. Council on Compensation Insurance, Inc. Endorsement No. Authorized Representative 222 t d WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 09 06 06 (Ed. 10-98) FLORIDA EMPLOYMENT AND WAGE INFORMATION RELEASE ENDORSEMENT This policy requires you to release certain employment and wage information maintained by the State of Florida pursuant to federal and state unemployment compensation laws except to the extent prohibited or limited under federal law. By entering into this policy, you consent to the release of the information. We will safeguard the information and maintain its confidentiality. We will limit use of the information to verifying compliance with the terms of the policy This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective at 12:01 AM standard time, forms a part of Policy No. Of the Issued to Premium Countersigned at m Carrier Code By: Endorsement No. Authorized Representative WC 09 06 06 (Ed. 10-98) © National Council on Compensation Insurance, Inc. 223 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY DIVIDEND PARTICIPATION ENDORSEMENT Employers Assurance Company (Individual Participants Only) WC 99 06 90 (Ed. 12-08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement amends the terms and provisions of the policy and where inconsistent with the terms anc provisions of such policy, the terms and provisions of this endorsement shall prevail in all respects. The policy is hereby amended as follows: This policy is a participating policy and the insured, you, may be entitled to a potential dividend under the policy as a participant. The declaration and payment of any such dividend under the policy is subject to the sole discretion of the Board of Directors of Employers Assurance Company and is not guaranteed. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement, effective Policy No. Issued to Premium Countersigned at WC 99 06 90 (Ed. 12-08) at 12:01 AM standard time, forms a part of Of the on Carrier Code in Endorsement No. Authorized Representative 224 11/14/2019 Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Detailed Report Property Information Folio: 09.4025A28-0135 Property Address: 6655 SW 58 PL South Miami, FL 33143-0000 Owner Mailing Address CITY OF SOUTH MIAMI 6130 SUNSET DR SOUTH MIAMI, FL 33143 PA Primary Zone 8001 PARKS 8 OPEN SPACE DIST Primary Land Use 8940 MUNICIPAL: MUNICIPAL Beds/Baths/Half 0/010 Floors 1 Living Units 0 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 4,130 Sq.Ft Lot Size 14,300 Sq.Ft Year BuiR 12001 Assessment Information Year 2019 2018 2017 Land Value $343,200 Building Value $302,991 %F Value $1,960 Market Value $648,t51 Assessed Value $648,151 Benefits Information Benefit Type 2019 20181 2017 Municipal I Exemption $648,151 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Generated On'. 11114/2019 Taxable Value Information 2019 2078 2077 County Exemption Value $648,151 Taxable Value Sol I School Board Exemption Value $648,151 Taxable Value $0 City Exemption Value 1 $648,151 Taxable Value $0 Regional Exemption Value 1 $648,151 Taxable Value 1 $0 The Once of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and MiamsDade County assumes no liability, see full disclaimer and User Agreement at hmp:IAw..miamidade.govfinfoldisciaimer.asp Version: 225 11/14/2019 Property Search Application - Miami -Dade County r OFFICE OF THE PROPERTY APPRAISER Generated On : 11/14/2019 Property Information Folio: 09-4025-028-0135 Property Address: 6655 SW 56 PL Roll Year 2019 Land, Building and Extra -Feature Details Land Information LarM Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL PR 16001 1Square FL 114.300.00 $343,200. Building Information Building Number Sub Area I Year Built Actual Sq.FL Living Sq.Ft Adj Sq.Ft Cale Value 1 i 1 2001 1 4,130 $302,991 E1dtra Features Description I Year Built I Unitsl Cale Value Light Standard - 10-30 fl High-2 Fixtures 1 2014 11 $1.960 The Office of the property Appraiser Is continually editing and updating the tax roll. This website may not refied the most current information on record. The property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at hnpJAv.miamidade.govfinfoldisdaimer.asp Vcrsxm: 226 0 11/14/2019 Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Generated On : 11/142019 Property Information Folio: 094025-026-0135 PropertyAddress: 6655 SW SB PL Roll Year 2018 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Uniul Celc Value Building Information Building Number Sub Area IYear Built Actual Sq.FL Living Sq.FL Adj Sq.FL Cale Value Extra Features Description Year Built Unitsl Calc Value The Office of the Property Appraiser is continually editing and updating the tax all. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http:lM..miamidade.govfinfo/disdaimecasp Version: 227 11/ 14/2019 - Property Search Application - Miami -Dade County e>eay r OFFICE OF THE PROPERTY APPRAISER Generated On : 11/14/2019 Property Information Folio: 0940254128-0135 Property Address: 6655 SW 58 PL South Miami, FL 33143-0000 Roll Year 2017 Land, Building and Extra -Feature Details Land Information Lard Use Muni Zone PA Zone Unit Type Unitsi Calc Value Building Information Building Number Sub Area Year Built Actual Sq.FL Living Sq.Ft Adj Sq.Ft. Calc Value Extra Features Desvipaon Year Built Units Cale Value The Office of the Pmperty Appraiser is continually editing and updating the tax roll. This website may not regect the most anent information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at htlp:/Am..miamidade.govfinfo/disdaimer.asp Verson: 228 11/14/2019 Property Search Application - Miami -Dade County - OFFICE OF THE PROPERTY APPRAISER Generated On: 11/14/2019 Property Information Folio: 094025-020-0135 PropertyAddress: 6655 SW 58 PL Full Legal Description LARKINS TOWNSITE PB 2-105 LOTS 10 8 11 BLK 1 LOT SIZE 14300 SQ FT M/L FAU 09 4025 028 0130 Sales Information Previous Sale PriceOR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This websile may not reflect the most anent information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at hltp.INw.miamidade.gov/nfo/disdaimer.asp Version: 229 SUNDAY OCTora a 2020 ATTI!' i_TD NEIGHBORS C` 195E MIAMIKULDCOM NEIGHB RS CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS & MEETING DATE CHANGE In acco-dance with City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and the City Manager's declaration of a state of emergency due to the Coronavlrus, the City will be holding Its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Monday. November 2. 2020 at 7:00 p.m. to consider the following public hearing item(s): An Ordinance of the City of South Miami, Florida, authorizing the City Manager to execute a lease agreement with the South Miami Children's Clinic, Inc., a Florida not -for -profit corporation, for the property located at 6701 SW 58th Place, South Miami, Florida, 33143, for a term of five (5) years, commencing on October 1, 2020, and terminating on September 30, 2025. Governor DeSands's Executive Order (E.O.) Number 20-69 suspended that portion of Section 166.041(4), Fla. Stat., that required a quorum to be present in person to adopt resolutions and enact ordinances. If E.O. No. 20-69 is extended, City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (httos://zoom.usti/3056636338) and participate. If E.O. No. 20-69 is not extended, four of the City Commissioners will attend in person and all others may attend virtually. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth In the meeting notice posted at City Hall and at htto:/rwww.southmiamifl.nov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting documentation in person must make an appointment by calling 305-663-6340. Please note that Governor DeSantis's Executive Order Number 20-69 suspended the requirements of Section 166.041(4), Fla. Stat, that a quorum to be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings Including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City, program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne®southmiamifl.gov. Nkenga A. Payne, CIVIC City Clerk 230 6ez MIAMI DAILY BUSINESS REVIEW P,Nlened Smway Sunday a.'m Leal Holidays Mam,. Kam, -Dade County FIOI,da STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Mu l Daily Business Review We Miami Review. a daily (except Saturday, Sunday and Legal Holidays) newspaper. published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the =it" of CITY OF SOUTH MIAMI -OF PUBLIC HEARINGS 8 MEETING DATE CHANGE -NOV.Z 2020 in the XXXX CourL was published in said newspaper in the issues of 1011=020 Afftant further says that the saitl Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second Class mail must at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he or she has neither paid not promised any person, firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swrorff a an d subscribed before me this' 23 OCTOBER,Ap 2020 (SEAL) GUILLERMO GARCIA personalty known to me 'last1 CHRISTINALYNNRAVIX '-pg��L,` Commisston#GG 27777f sra.' Expires November 19, 2022 `�.°.�•:°j 90tl5d Tivu Troy Fen Inwards 907.1aST015 DF sovrYi 7• � U S • u.carw.nr, rr, +927 o a+v CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS & MEETING DATE CHANGE In accordance with City of South Miami Code, Chapter 286.011, Fla Slat, the Gty's Hone Rule Powers, and the City Managers declaration of a state of emergency due to the Comnavirus, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Monday, Noyember 2, 2020 at 7:00.P.m. to consider the following public hearing item(s): An Ordinance of the City of South Miami, Florida, authorizing the City Manager to execute a lease agreement with the South Miami Children's Clink, Inc., a Florida not -for -profit corporation, for the property located at 6701 SW Mir Place, South Miami, Florida, 33143, for a term of five (5) years, commencing on October 1, 2020, and terminating on September 30. 2025. Governor DeSantis's Executive Order IF 0.) Number 20-69 suspended that potion o1 Section 166.041(4), Fla. Stat, that required a quorum to be Present in person to adopt resolutions and enact ordinances. Il EO. No. 20fi9 is extended, City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at Ligxs://2oorg.us/y3056636338) and participate. It E.O. No. 20-69 is not extended, four of the City Commissioners will attend in person and all others may attend virtually. It you desire to present evidence or you we unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hail and at http/Iwww.s whmiami0.gow580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting documentafipn in person must make an appointment by calling 305-663-6340. Please note that Governor DeSantis's Executive Order Number 20-69 -suspended the requirements of Section 166.041(4), Fla Stat., thata quorum to be present in person, and that a local govemment body meet at a specific public place. The Executive Order also allows local government bodies to utilize Communications media technology, such as telephonic and video conlerencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 266.01D5, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any mailer considered at is meeting or hearing. a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice a procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by marl at 6130 Sunset Drive, South Miami, Florida w email at npayne0southmiami0.gov. Nkenga A. Payne, CMC City Clerk 10/23 20-76(0000495011M