Sample Wesco Policy - Admitted GL · PDF fileIL-PJ-WIC 0414 877-528-7878 800 SUPERIOR AVENUE...

COMMERCIAL POLICY

IL-PJ-WIC 0414

877-528-7878

800 SUPERIOR AVENUE EAST, 21ST FLOOR

CLEVELAND, OH 44114

Wesco Insurance Company

INSURANCE IS PROVIDED BYTHE COMPANY DESIGNATED ON THE

DECLARATIONS PAGE(A Stock Insurance Company)

THIS POLICY CONSISTS OF:

-- DECLARATIONS

-- COMMON POLICY CONDITIONS

-- ONE OR MORE COVERAGE PARTS, and

-- APPLICABLE FORMS AND ENDORSEMENTS

JMTJHEFD-B 0414

Read Your Policy Carefully

This policy is a legal contract between you and us. The information on this page is not the insurance contract and onlythe actual policy provisions will control. The policy sets forth in detail the rights and obligations of both you and us. It istherefore important that you read your policy carefully.

We will provide the insurance described in this policy in return for the premium and compliance with all applicableprovisions of the policy.

This policy is signed by the President and Secretary of the insurance company and, if required by State law, this policyshall not be valid unless countersigned on the Declaration page by its authorized representative.

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COMMERCIAL COMMON POLICY DECLARATIONSFORMS AND ENDORSEMENTS SCHEDULE

Coverage Form Number Edition Date Title

CG 501003 09/09 AMENDMENT OF COPYRIGHT, PATENT, TRADEMARK OR TRADE SECRETEXCLUSION

CG 501004 09/09 CROSS SUITS EXCLUSION

CG 501006 09/09 EXCLUSION-DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED(WRAPUP) PROGRAM OR SPECIFIC PROJECT INSURANCE

CG 501015 09/09 LIMITED SUBSIDENCE EXCLUSION

CG 501018 09/09 PRIOR COMPLETED OPERATIONS EXCLUSION

CG 501023 12/09 SUBCONTRACTOR REQUIREMENTS ENDORSEMENT

CG 501024 09/09 TOTAL POLLUTION EXCLUSION ENDORSEMENT

CG 501044 12/09 COMMERCIAL CONSTRUCTION AND CONDOMINIUM EXCLUSION

CG CG0001 04/13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CG CG0300 01/96 DEDUCTIBLE LIABILITY INSURANCE (FOR USE WITH CGL AND PRODUCTSPOLICIES)

CG CG2011 04/13 ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES

CG CG2012 04/13 ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISIONOR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS

CG CG2018 04/13 ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE, OR RECEIVER

CG CG2034 04/13 ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUSWHEN REQUIRED IN LEASE AGREEMENT

CG CG2147 12/07 EMPLOYMENT-RELATED PRACTICES EXCLUSION

CG CG2167 12/04 FUNGI OR BACTERIA EXCLUSION

CG CG2170 01/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

CG CG2176 01/15 EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OFTERRORISM

CG CG2186 12/04 EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS

CG CG2196 03/05 SILICA OR SILICA-RELATED DUST EXCLUSION

CG CG2279 04/13 EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY

CG GL990001 09/08 LEAD EXCLUSION

CG GL990002 09/08 ASBESTOS EXCLUSION

CG GL990121 11/14 WARRANTY REQUIREMENT ENDORSEMENT - CHANGE IN DEDUCTIBLE

IL IL0017 11/98 COMMON POLICY CONDITIONS

IL IL0021 09/08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)

IL IL0142 09/08 OREGON CHANGES – DOMESTIC PARTNERSHIP

IL IL0279 09/08 OREGON CHANGES – CANCELLATION AND NONRENEWAL

IL IL0985 01/15 DISCLOSURE PURSUANT TO TERRORISM RISK

IL IL1201 11/85 POLICY CHANGES

Wesco Insurance Company800 Superior Avenue East, 21st FloorCleveland, OH 44114

Policy Number:

WPP1131767 02

Named Insured:

BTS Homes Inc

Issued Date: 12/31/2015

ILFORMSCH 0414 Page 6 of 6

CLM-RPT (02-2010) Page 1 of 1

ASSET PROTECTION PROGRAMUnderwritten by Insurance Specialty Construction Group

Claims ReportingPOLICYHOLDER REPORTING PROCEDURES:

All Claims or incidents related to your policy under the ASSET PROTECTION PROGRAMshould be immediately reported to your retail insurance agent.

It may take up to 72 hours for the claim number and adjuster to be assigned by the TPA.Please do not contact the insurance carrier directly, but direct your inquiries to your retailinsurance agent.

NOTICE of a claim to your Property and Casualty Insurance Company does notrepresent notice of a claim to 2-10 Home Buyers Warranty.

All HBW warranty claims should be reported to 2-10 Home Buyers Warranty at:720-747-6000.

RETAIL AGENT REPORTING PROCEDURES:

All GL or BR claims or incidents related to the ASSET PROTECTION PROGRAM shouldbe reported to Insurance Specialty Construction Group in Atlanta, Georgia.

A LEGIBLE ACORD LOSS NOTICE IS REQUIRED FOR ALL CLAIMS

BY MAIL:Insurance Specialty Construction Group4501 Circle 75 Pkwy, Suite F-6200Atlanta, GA 30339

BY FAX:Claims Fax #: 678-742-6301

BY E-MAIL:New Claims E-mail: [email protected]

CLAIMS RELATED INQUIRIES:Please do not contact the carrier directly regarding a claim. All claims related inquiriesshould be directed to the Insurance Specialty Construction Group Claims CoordinationDepartment.

IL P 001 01 04

IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1

U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGNASSETS 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 poli-cy. You should read your policy and review your Declarations page for complete information on the coverages youare provided.

This Notice provides information concerning possible impact on your insurance coverage due to directives issuedby OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidentialdeclarations of "national emergency". OFAC has identified and listed numerous:

# Foreign agents;

# Front organizations;

# Terrorists;

# Terrorist organizations; and

# Narcotics traffickers;

as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury'sweb site ' http//www.treas.gov/ofac.

In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entityclaiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National andBlocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and allprovisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be sucha blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.Other limitations on the premiums and payments also apply.

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PN990111 0514 © Insurance Services Office, Inc., 2013

COMMERCIAL GENERAL LIABILITY

PN990111 0514

GENERAL LIABILITY ACCESS OR DISCLOSURE OF

CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSIONS

ADVISORY NOTICE TO POLICYHOLDERS

This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be

construed to replace any provision of your policy. You should read your policy and review your

Declarations page for complete information on the coverages you are provided. If there is any conflict

between the Policy and this Notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

Carefully read your policy, including the endorsements attached to your policy.

This Notice provides information concerning the following new endorsements, which applies to your

renewal policy being issued by us:

CG 21 06 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And

Data related Liability – With Limited Bodily Injury Exception (For Use With The Commercial

General Liability Coverage Part)

When this endorsement is attached to your policy:

" Under Coverage A – Bodily Injury And Property Damage Liability, coverage is excluded for

damages arising out of any access to or disclosure of confidential or personal information. This is

a reinforcement of coverage.

" Under Coverage B – Personal And Advertising Injury Liability, coverage is excluded for personal

and advertising injury arising out of any access to or disclosure of confidential or personal

information. To the extent that any access or disclosure of confidential or personal information

results in an oral or written publication that violates a person's right of privacy, this may result in a

reduction in coverage.

CG 21 07 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And

Data related Liability – Limited Bodily Injury Exception Not Included (For Use With The

Commercial General Liability Coverage Part)

When this endorsement is attached to your policy:

" Under Coverage A – Bodily Injury And Property Damage Liability, coverage is excluded fordamages arising out of any access to or disclosure of confidential or personal information. This isa reinforcement of coverage. However, when this endorsement is attached, it will result in areduction of coverage due to the deletion of an exception with respect to damages because ofbodily injury arising out of loss of, loss of use of, damage to, corruption of, inability to access, orinability to manipulate electronic data.

" Under Coverage B – Personal And Advertising Injury Liability, coverage is excluded for personaland advertising injury arising out of any access to or disclosure of confidential or personalinformation. To the extent that any access or disclosure of confidential or personal informationresults in an oral or written publication that violates a person's right of privacy, this may result in areduction in coverage.

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PN990111 0514 © Insurance Services Office, Inc., 2013

CG 21 08 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information(Coverage B Only) (For Use With The Commercial General Liability Coverage Part)

When this endorsement is attached to your policy, coverage is excluded for personal and advertisinginjury arising out of any access to or disclosure of confidential or personal information. To the extent thatany access or disclosure of confidential or personal information results in an oral or written publicationthat violates a person's right of privacy, this may result in a reduction in coverage.

CG 04 37 – Electronic Data Liability (For Use With The Commercial General Liability CoveragePart)

With respect to damages arising out of access or disclosure of confidential or personal information, whenthis endorsement is attached to your policy:

" Under Coverage A – Bodily Injury And Property Damage Liability, coverage is excluded fordamages arising out of any access to or disclosure of confidential or personal information. This isa reinforcement of coverage.

" Under Coverage B – Personal And Advertising Injury Liability, coverage is excluded for personaland advertising injury arising out of any access to or disclosure of confidential or personalinformation. To the extent that any access or disclosure of confidential or personal informationresults in an oral or written publication that violates a person's right of privacy, this may result in areduction in coverage.

CG 33 53 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information AndData related Liability – With Limited Bodily Injury Exception (For Use With The Owners AndContractors Protective Liability Coverage Part and Products/Completed Operations CoveragePart)

When this endorsement is attached to your policy, coverage is excluded for damages arising out of anyaccess to or disclosure of confidential or personal information. This is a reinforcement of coverage.

CG 33 59 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information AndData related Liability – Limited Bodily Injury Exception Not Included (For Use With The OwnersAnd Contractors Protective Liability and Products/Completed Operations Liability Coverage Parts)

When this endorsement is attached to your policy, coverage is excluded for damages arising out of anyaccess to or disclosure of confidential or personal information. This is a reinforcement of coverage.

However, when this endorsement is attached, it will result in a reduction of coverage due to the deletionof an exception with respect to damages because of bodily injury arising out of loss of, loss of use of,damage to, corruption of, inability to access, or inability to manipulate electronic data.

CG 33 63 – Exclusion – Access, Disclosure Or Unauthorized Use Of Electronic Data (For Use WithThe Electronic Data Liability Coverage Part)

With respect to damages arising out of access or disclosure of confidential or personal information, whenthis endorsement is attached to your policy coverage is excluded for damages arising out of any accessto or disclosure of confidential or personal information. This is a reinforcement of coverage.

However, to the extent that damages arising out of theft or unauthorized viewing, copying, use,corruption, manipulation or deletion, of electronic data by any Named Insured, past or present employee,temporary worker or volunteer worker of the Named Insured may extend beyond loss of electronic dataarising out of such theft or the other listed items, this revision may be considered a reduction in coverage.

50-1003 09 09 Includes copyrighted material of Insurance ServicesOffice, Inc., with its permission

Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Amendment ofCopyright, Patent, Trademark Or Trade Secret Exclusion

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SECTION 1. -COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions, i.Infringement Of Copyright, Patent, Trademark Or Trade Secret is deleted in its entirety and replacedby the following:

This insurance does not apply to:

"Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, tradesecret or other intellectual property rights, including infringement of copyright, trade dress or slogan inyour "advertisement".

SECTION V. -DEFINITIONS 14. "Personal and Advertising Injury" 14. g. is deleted in its entirety.

All other terms and conditions of this policy remain unchanged.

50-1004 09 09 Page 1 of 1


CROSS SUITS EXCLUSION

This insurance does not apply to, and we will not have the duty to investigate or defend,any claim or suit for injury or damage brought by one insured against any other insured.

50-1006 09 09 Page 1 of 1


EXCLUSION-DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAPUP)PROGRAM OR SPECIFIC PROJECT INSURANCE



The following exclusion is added to paragraph 2., Exclusions of COVERAGE A-BODILY INJURY ANDPROPERTY DAMAGE LIABILITY (Section I-Coverages):

This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoingoperations or operations included within the "products-completed operations hazard" at any location where youare involved or performing operations and:

a. a consolidated (wrap-up) insurance program has been provided by the prime contractor/projectmanager or owner of the construction project in which you are involved; or,

b. a specific project insurance policy has been provided for the project in which you are involved.

This exclusion applies whether or not the consolidated (wrap-up) insurance program or specific projectinsurance policy:

(1) Provides coverage identical to that provided by this Coverage Part;(2) Has limits adequate to cover all claims; or(3) Remains in effect

50-1015 09 09 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Copyright, Insurance Services Office, Inc., 1997

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

LIMITED SUBSIDENCE EXCLUSION



The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury AndProperty Damage Liability and Paragraph 2., Exclusions of Section I - Coverage B - Personal AndAdvertising Injury Liability:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of any claim or "suit" caused directly or indirectly, based on or attributed to, arising out of,resulting from, or in any manner related to "land or soils movement", if such "land or soils movement"directly or indirectly emanates from, arises out of, is attributable to, any operations by or performed onbehalf of the insured prior to the inception date of this policy. Such claims for loss are excluded regardlessof any other cause or event contributing concurrently or in any sequence or manner to the loss including,but not limited to the following causes:

1. Flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies ofwater, or spray from any of the foregoing, all whether driven by wind or not;

2. Water which backs up through sewers or drains;

3. Water below the surface of the ground including that which exerts pressure on or flows, seeps orleaks through sidewalks, driveways, foundations, walls, basement or other floors, or throughdoors, windows, or any other openings in such sidewalks, driveways, foundations, walls or floors;

4. Leakage, overflow, or excess water from plumbing, heating, air conditioning, irrigation, or otherequipment or appliances;

5. Acts or decisions, including the failure to act or decide, of any person, group, organization orgovernmental body;

6. Faulty, inadequate or defective:a. Planning, zoning, development, surveying, siting;b.Design specifications, workmanship, repair, constructions, renovations, remodeling, grading,

compaction;c. Materials used in repair, construction, renovation or remodeling; ord. Maintenance of part or all of any property wherever located.

For purposes of this endorsement only, SECTION V ' DEFINITIONS is amended to include the following:

"Land or soils movement" means all earth or soil movement of any kind including the settling, bulging,shrinkage, expansion, slippage, or subsidence of land or soils.

All other terms and conditions remain unchanged.

50-1023 12 09 Page 1 of 2


SUBCONTRACTOR REQUIREMENTS ENDORSEMENT



It is hereby understood and agreed that the Named Insured shall comply with the following as a condition ofinsurance coverage for "bodily injury" and "property damage" under this policy:

1. You are required to procure and maintain a written agreement with each of your Service Providers forservices performed or completed during the policy period that includes the following material provisions to themaximum extent allowable by state laws:

a. An agreement to indemnify and hold you harmless from liability for "bodily Injury" or "property damage"sustained by a third person, arising out of the work of that Service Provider; and

b. An agreement to indemnify and hold you harmless from liability arising from "bodily injury" to that ServiceProvider and/or its employees; and

c. An agreement whereby the Service Provider waives all rights of subrogation, indemnity and/or contributionagainst:

i. you and/or your agents and employees; andii. the owner of the property for which services are performed, if a separate entity from you; and

d. An agreement to participate in any binding arbitration between you and a third party when such arbitration-=5>1> 2=;8 ?41 +1=A5/1 *=;A501=D> B;=6$ +@/4 -=.5?=-?5;9 ?; .1 3;A1=910 .C ?41 '101=-7 %=.5?=-?5;9 %/?(FAA).

2. You are required to procure and maintain Certificates of Insurance from each of your Service Providerseffective during the entire period of that Service ProviderD> B;=6 2;= C;@ 1A5019/593 ?41 2;77;B593 /;A1=-31>and minimum limits of liability:

a. Commercial General Liability coverage written on an occurrence basis. The Commercial General Liabilitycoverage must be provided by an insurance carrier rated A- or better by A. M. Best with limits of not lessthan:

$ 500,000 Combined Single Limit each occurrence$ 1,000,000 General Aggregate$ 1,000,000 Products/Completed Operations Aggregate;

Where available in the marketplace, each +1=A5/1 *=;A501=D> Commercial General Liability policy shallcover you as an additional insured for claims arising out of its work.

This insurance shall be excess over any other insurance available to you as an additional insured under apolicy of insurance issued to a Service Provider or subcontractor.

b. ,;=61=D> Compensation coverage as required by the jurisdiction in which services are performed;

c. Professional Liability coverage of $ 1,000,000 covering each Service Provider providing professionalservices to you.

50-1023 12 09 Page 2 of 2

It is further understood and agreed that your failure to comply with any of the conditions stated in thisendorsement will result in an additional premium charged to you. The premium adjustment will be assessedagainst you for each uninsured or underinsured Service Provider. The additional premium shall be computedusing the premium rate schedule shown in the ISO manual, including application of the ISO schedule andexperience rating plans as maybe appropriate, applicable to the class of operations performed by the uninsuredor underinsured Service Provider, ;= ?41 /;8<-9CD> =-?1> ;9 2571 B5?4 ?41 (9>@=-9/1 &1<-=?819?$ This applicationof a premium adjustment will not alter your Limits of Insurance.

We shall notify you of the applicable premium adjustment. Your failure to pay the premium adjustment within onehundred twenty (120) days of the due date shall be deemed a breach of your obligations under the policy andmay, at our option, render this insurance void as respects to any claim for which the adjustment has not beenpaid, and may result in our withdrawal of defense in any "suit" arising out of such adversely affected claim.

All other terms and conditions of this Policy remain unchanged.

50-1024 09 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Copyright, Insurance Services, Inc., 1998

Page 1 of 1


TOTAL POLLUTION EXCLUSION ENDORSEMENT



I. For purposes of this endorsement only, exclusion f. under paragraph 2., Exclusions of SECTION I ' COVERAGEA ' BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following:


f. Pollution

(1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual,alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at anytime.

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for,monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assessthe effects of "pollutants"; or

(b) Claim or "suit" by or on behalf of a governmental authority or others for damages because of testingfor, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any wayresponding to, or assessing the effects of "pollutants."

II. For purposes of this endorsement only, definition 15 of SECTION V ' DEFINITIONS is deleted and replaced bythe following:

15. "Pollutants" mean any fungus/fungi, or any solid, liquid, gaseous, thermal, acoustic, electric, magnetic orelectromagnetic irritant or contaminant. "Pollutants" include, but are not limited to, smoke, vapor, soot,dusts, spore(s), fumes, fibers, radiation, acid(s), alkalis, chemicals and waste. Waste includes materials tobe recycled, reconditioned or reclaimed. Fungus/fungi includes, but is not limited to, any form or type ofmold, mildew, mushroom, yeast or biocontaminant. Spore(s) includes, but is not limited to, any substanceproduced by, emanating from or arising out of any fungus/fungi.

All other terms and conditions of this policy remain unchanged.

50-1044 12 09 Page 1 of 1


COMMERCIAL CONSTRUCTION AND CONDOMINIUM EXCLUSION



The following exclusion is added to Paragraph 2, Exclusions, of Section I - Coverage A - Bodily Injury AndProperty Damage Liability and Paragraph 2, Exclusions, of Section I - Coverage B - Personal And AdvertisingInjury Liability:

This insurance does not apply to "bodily injury" or "property damage" included in the "products-completedoperations hazard" and arising out of "your work", defined as:

1. Arising out of the design, manufacture, construction, fabrication, maintenance, repair, remodeling, service,correction, or replacement of any part of a "condominium project" and/or "community apartment/co-operative project" including its "common area(s)".

a. For the purpose of this endorsement only, "condominium project" means: a development consisting ofcondominiums. A condominium consists of an undivided interest in common in a portion of real propertycoupled with a separate fee simple interest in a unit within such real property.

b. For the purpose of this endorsement only "community apartment/co-operative project" means: adevelopment in which an undivided interest in land is coupled with the right of exclusive occupancy of anyapartment located thereon.

c. For the purpose of this endorsement only "common area(s)" means: areas in common ownership anduse by all residents of the planned community or as defined by state statutes, except any area within thedevelopment that is separately owned or operated by & +0.)06/)2<3 &330',&4,0/, cooperative board orsimilar association.

d. For the purpose of this endorsement only t+) ()*,/,4,0/ 0* 9120(5'43-'0.1-)4)( 01)2&4,0/3 +&8&2(; 3+&--,/'-5() 0/-7 90''522)/')3; &*4)2 4+) &**)'4)( 5/,4 02 9'0..0/ &2)&; ,3 42&/3*)22)( 40 04+)23$

2. Arising out of the design, manufacture, construction, fabrication, maintenance, repair, remodeling, service,correction, or replacement 0* &/7 9'0..)2',&- '0/3425'4,0/;$

a. For the purpose of this endorsement, "commercial construction" means: any structure whose intendedcommercial use is greater than 15,000 square feet or greater than two (2) stories above garage level.

However, "commercial construction" shall not mean: non-revenue generating structures, buildings andcommon areas, within a residential community or development, used solely by the common residents ofthat community (and their invited guests). Examples of such non-revenue generating structures includeguard houses, club houses, pump houses, gazebos and the like.

3. Arising out of the design, manufacture, construction, fabrication, maintenance, repair, remodeling, service,correction, or replacement of any structure, not otherwise excluded by this endorsement, which exceeds (3)stories above garage level and exceeds twelve (12) units per building.

All other terms and conditions of this Policy remain unchanged.

COMMERCIAL GENERAL LIABILITYCG 00 01 04 13

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16


Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is and is not covered.

Throughout this policy the words "you" and "your"refer to the Named Insured shown in the Declarations,and any other person or organization qualifying as aNamed Insured under this policy. The words "we","us" and "our" refer to the company providing thisinsurance.

The word "insured" means any person or organizationqualifying as such under Section II ' Who Is AnInsured.

Other words and phrases that appear in quotationmarks have special meaning. Refer to Section V '

Definitions.

SECTION I ' COVERAGES

COVERAGE A ' BODILY INJURY AND PROPERTYDAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "bodily injury" or "property damage"to which this insurance applies. We will havethe right and duty to defend the insured againstany "suit" seeking those damages. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for "bodilyinjury" or "property damage" to which thisinsurance does not apply. We may, at ourdiscretion, investigate any "occurrence" andsettle any claim or "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III ' LimitsOf Insurance; and

(2) Our right and duty to defend ends when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A or B ormedical expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments ' Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takes placein the "coverage territory";

(2) The "bodily injury" or "property damage"occurs during the policy period; and

(3) Prior to the policy period, no insured listedunder Paragraph 1. of Section II ' Who IsAn Insured and no "employee" authorizedby you to give or receive notice of an"occurrence" or claim, knew that the "bodilyinjury" or "property damage" had occurred,in whole or in part. If such a listed insuredor authorized "employee" knew, prior to thepolicy period, that the "bodily injury" or"property damage" occurred, then anycontinuation, change or resumption of such"bodily injury" or "property damage" duringor after the policy period will be deemed tohave been known prior to the policy period.

c. "Bodily injury" or "property damage" whichoccurs during the policy period and was not,prior to the policy period, known to haveoccurred by any insured listed underParagraph 1. of Section II ' Who Is An Insuredor any "employee" authorized by you to give orreceive notice of an "occurrence" or claim,includes any continuation, change orresumption of that "bodily injury" or "propertydamage" after the end of the policy period.

d. "Bodily injury" or "property damage" will bedeemed to have been known to have occurredat the earliest time when any insured listedunder Paragraph 1. of Section II ' Who Is AnInsured or any "employee" authorized by you togive or receive notice of an "occurrence" orclaim:

(1) Reports all, or any part, of the "bodily injury"or "property damage" to us or any otherinsurer;

(2) Receives a written or verbal demand orclaim for damages because of the "bodilyinjury" or "property damage"; or

(3) Becomes aware by any other means that"bodily injury" or "property damage" hasoccurred or has begun to occur.

e. Damages because of "bodily injury" includedamages claimed by any person ororganization for care, loss of services or deathresulting at any time from the "bodily injury".

of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13

2. Exclusions


a. Expected Or Intended Injury

"Bodily injury" or "property damage" expectedor intended from the standpoint of the insured.This exclusion does not apply to "bodily injury"resulting from the use of reasonable force toprotect persons or property.

b. Contractual Liability

"Bodily injury" or "property damage" for whichthe insured is obligated to pay damages byreason of the assumption of liability in acontract or agreement. This exclusion does notapply to liability for damages:

(1) That the insured would have in the absenceof the contract or agreement; or

(2) Assumed in a contract or agreement that isan "insured contract", provided the "bodilyinjury" or "property damage" occurssubsequent to the execution of the contractor agreement. Solely for the purposes ofliability assumed in an "insured contract",reasonable attorneys' fees and necessarylitigation expenses incurred by or for a partyother than an insured are deemed to bedamages because of "bodily injury" or"property damage", provided:

(a) Liability to such party for, or for the costof, that party's defense has also beenassumed in the same "insured contract";and

(b) Such attorneys' fees and litigationexpenses are for defense of that partyagainst a civil or alternative disputeresolution proceeding in which damagesto which this insurance applies arealleged.

c. Liquor Liability

"Bodily injury" or "property damage" for whichany insured may be held liable by reason of:

(1) Causing or contributing to the intoxication ofany person;

(2) The furnishing of alcoholic beverages to aperson under the legal drinking age orunder the influence of alcohol; or

(3) Any statute, ordinance or regulation relatingto the sale, gift, distribution or use ofalcoholic beverages.

This exclusion applies even if the claimsagainst any insured allege negligence or otherwrongdoing in:

(a) The supervision, hiring, employment,training or monitoring of others by thatinsured; or

(b) Providing or failing to providetransportation with respect to anyperson that may be under the influenceof alcohol;

if the "occurrence" which caused the "bodilyinjury" or "property damage", involved thatwhich is described in Paragraph (1), (2) or (3)above.

However, this exclusion applies only if you arein the business of manufacturing, distributing,selling, serving or furnishing alcoholicbeverages. For the purposes of this exclusion,permitting a person to bring alcoholicbeverages on your premises, for consumptionon your premises, whether or not a fee ischarged or a license is required for suchactivity, is not by itself considered the businessof selling, serving or furnishing alcoholicbeverages.

d. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers'compensation, disability benefits orunemployment compensation law or anysimilar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured arising out ofand in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the conductof the insured's business; or

(2) The spouse, child, parent, brother or sisterof that "employee" as a consequence ofParagraph (1) above.

This exclusion applies whether the insuredmay be liable as an employer or in any othercapacity and to any obligation to sharedamages with or repay someone else whomust pay damages because of the injury.

This exclusion does not apply to liabilityassumed by the insured under an "insuredcontract".


f. Pollution

(1) "Bodily injury" or "property damage" arisingout of the actual, alleged or threateneddischarge, dispersal, seepage, migration,release or escape of "pollutants":

(a) At or from any premises, site or locationwhich is or was at any time owned oroccupied by, or rented or loaned to, anyinsured. However, this subparagraphdoes not apply to:

(i) "Bodily injury" if sustained within abuilding and caused by smoke,fumes, vapor or soot produced by ororiginating from equipment that isused to heat, cool or dehumidify thebuilding, or equipment that is used toheat water for personal use, by thebuilding's occupants or their guests;

(ii) "Bodily injury" or "property damage"for which you may be held liable, ifyou are a contractor and the owneror lessee of such premises, site orlocation has been added to yourpolicy as an additional insured withrespect to your ongoing operationsperformed for that additional insuredat that premises, site or location andsuch premises, site or location is notand never was owned or occupiedby, or rented or loaned to, anyinsured, other than that additionalinsured; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire";

(b) At or from any premises, site or locationwhich is or was at any time used by orfor any insured or others for thehandling, storage, disposal, processingor treatment of waste;

(c) Which are or were at any timetransported, handled, stored, treated,disposed of, or processed as waste byor for:

(i) Any insured; or

(ii) Any person or organization for whomyou may be legally responsible; or

(d) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly orindirectly on any insured's behalf areperforming operations if the "pollutants"are brought on or to the premises, siteor location in connection with suchoperations by such insured, contractoror subcontractor. However, thissubparagraph does not apply to:

(i) "Bodily injury" or "property damage"arising out of the escape of fuels,lubricants or other operating fluidswhich are needed to perform thenormal electrical, hydraulic ormechanical functions necessary forthe operation of "mobile equipment"or its parts, if such fuels, lubricantsor other operating fluids escape froma vehicle part designed to hold, storeor receive them. This exception doesnot apply if the "bodily injury" or"property damage" arises out of theintentional discharge, dispersal orrelease of the fuels, lubricants orother operating fluids, or if suchfuels, lubricants or other operatingfluids are brought on or to thepremises, site or location with theintent that they be discharged,dispersed or released as part of theoperations being performed by suchinsured, contractor or subcontractor;

(ii) "Bodily injury" or "property damage"sustained within a building andcaused by the release of gases,fumes or vapors from materialsbrought into that building inconnection with operations beingperformed by you or on your behalfby a contractor or subcontractor; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire".

(e) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly orindirectly on any insured's behalf areperforming operations if the operationsare to test for, monitor, clean up,remove, contain, treat, detoxify orneutralize, or in any way respond to, orassess the effects of, "pollutants".


(2) Any loss, cost or expense arising out ofany:

(a) Request, demand, order or statutory orregulatory requirement that any insuredor others test for, monitor, clean up,remove, contain, treat, detoxify orneutralize, or in any way respond to, orassess the effects of, "pollutants"; or

(b) Claim or suit by or on behalf of agovernmental authority for damagesbecause of testing for, monitoring,cleaning up, removing, containing,treating, detoxifying or neutralizing, or inany way responding to, or assessing theeffects of, "pollutants".

However, this paragraph does not apply toliability for damages because of "propertydamage" that the insured would have in theabsence of such request, demand, order orstatutory or regulatory requirement, or suchclaim or "suit" by or on behalf of agovernmental authority.

g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage" arising outof the ownership, maintenance, use orentrustment to others of any aircraft, "auto" orwatercraft owned or operated by or rented orloaned to any insured. Use includes operationand "loading or unloading".

This exclusion applies even if the claimsagainst any insured allege negligence or otherwrongdoing in the supervision, hiring,employment, training or monitoring of others bythat insured, if the "occurrence" which causedthe "bodily injury" or "property damage"involved the ownership, maintenance, use orentrustment to others of any aircraft, "auto" orwatercraft that is owned or operated by orrented or loaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises youown or rent;

(2) A watercraft you do not own that is:

(a) Less than 26 feet long; and

(b) Not being used to carry persons orproperty for a charge;

(3) Parking an "auto" on, or on the ways nextto, premises you own or rent, provided the"auto" is not owned by or rented or loanedto you or the insured;

(4) Liability assumed under any "insuredcontract" for the ownership, maintenance oruse of aircraft or watercraft; or

(5) "Bodily injury" or "property damage" arisingout of:

(a) The operation of machinery orequipment that is attached to, or part of,a land vehicle that would qualify underthe definition of "mobile equipment" if itwere not subject to a compulsory orfinancial responsibility law or othermotor vehicle insurance law where it islicensed or principally garaged; or

(b) The operation of any of the machineryor equipment listed in Paragraph f.(2) orf.(3) of the definition of "mobileequipment".

h. Mobile Equipment

"Bodily injury" or "property damage" arising outof:

(1) The transportation of "mobile equipment" byan "auto" owned or operated by or rented orloaned to any insured; or

(2) The use of "mobile equipment" in, or whilein practice for, or while being prepared for,any prearranged racing, speed, demolition,or stunting activity.

i. War

"Bodily injury" or "property damage", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by anygovernment, sovereign or other authorityusing military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany of these.

j. Damage To Property

"Property damage" to:

(1) Property you own, rent, or occupy, includingany costs or expenses incurred by you, orany other person, organization or entity, forrepair, replacement, enhancement,restoration or maintenance of such propertyfor any reason, including prevention ofinjury to a person or damage to another'sproperty;

(2) Premises you sell, give away or abandon, ifthe "property damage" arises out of anypart of those premises;

(3) Property loaned to you;


(4) Personal property in the care, custody orcontrol of the insured;

(5) That particular part of real property onwhich you or any contractors orsubcontractors working directly or indirectlyon your behalf are performing operations, ifthe "property damage" arises out of thoseoperations; or

(6) That particular part of any property thatmust be restored, repaired or replacedbecause "your work" was incorrectlyperformed on it.

Paragraphs (1), (3) and (4) of this exclusion donot apply to "property damage" (other thandamage by fire) to premises, including thecontents of such premises, rented to you for aperiod of seven or fewer consecutive days. Aseparate limit of insurance applies to DamageTo Premises Rented To You as described inSection III ' Limits Of Insurance.

Paragraph (2) of this exclusion does not applyif the premises are "your work" and were neveroccupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of thisexclusion do not apply to liability assumedunder a sidetrack agreement.

Paragraph (6) of this exclusion does not applyto "property damage" included in the "products-completed operations hazard".

k. Damage To Your Product

"Property damage" to "your product" arising outof it or any part of it.

l. Damage To Your Work

"Property damage" to "your work" arising out ofit or any part of it and included in the "products-completed operations hazard".

This exclusion does not apply if the damagedwork or the work out of which the damagearises was performed on your behalf by asubcontractor.

m. Damage To Impaired Property Or PropertyNot Physically Injured

"Property damage" to "impaired property" orproperty that has not been physically injured,arising out of:

(1) A defect, deficiency, inadequacy ordangerous condition in "your product" or"your work"; or

(2) A delay or failure by you or anyone actingon your behalf to perform a contract oragreement in accordance with its terms.

This exclusion does not apply to the loss of useof other property arising out of sudden andaccidental physical injury to "your product" or"your work" after it has been put to its intendeduse.

n. Recall Of Products, Work Or ImpairedProperty

Damages claimed for any loss, cost orexpense incurred by you or others for the lossof use, withdrawal, recall, inspection, repair,replacement, adjustment, removal or disposalof:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

if such product, work, or property is withdrawnor recalled from the market or from use by anyperson or organization because of a known orsuspected defect, deficiency, inadequacy ordangerous condition in it.

o. Personal And Advertising Injury

"Bodily injury" arising out of "personal andadvertising injury".

p. Electronic Data

Damages arising out of the loss of, loss of useof, damage to, corruption of, inability to access,or inability to manipulate electronic data.

However, this exclusion does not apply toliability for damages because of "bodily injury".

As used in this exclusion, electronic datameans information, facts or programs stored asor on, created or used on, or transmitted to orfrom computer software, including systems andapplications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processingdevices or any other media which are usedwith electronically controlled equipment.

q. Recording And Distribution Of Material OrInformation In Violation Of Law

"Bodily injury" or "property damage" arisingdirectly or indirectly out of any action oromission that violates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of oraddition to such law;

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law;

(3) The Fair Credit Reporting Act (FCRA), andany amendment of or addition to such law,including the Fair and Accurate CreditTransactions Act (FACTA); or


(4) Any federal, state or local statute,ordinance or regulation, other than theTCPA, CAN-SPAM Act of 2003 or FCRAand their amendments and additions, thataddresses, prohibits, or limits the printing,dissemination, disposal, collecting,recording, sending, transmitting,communicating or distribution of material orinformation.

Exclusions c. through n. do not apply to damageby fire to premises while rented to you ortemporarily occupied by you with permission of theowner. A separate limit of insurance applies to thiscoverage as described in Section III ' Limits OfInsurance.

COVERAGE B ' PERSONAL AND ADVERTISINGINJURY LIABILITY


a. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "personal and advertising injury" towhich this insurance applies. We will have theright and duty to defend the insured againstany "suit" seeking those damages. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for"personal and advertising injury" to which thisinsurance does not apply. We may, at ourdiscretion, investigate any offense and settleany claim or "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III ' LimitsOf Insurance; and

(2) Our right and duty to defend end when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A or B ormedical expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments ' Coverages A and B.

b. This insurance applies to "personal andadvertising injury" caused by an offense arisingout of your business but only if the offense wascommitted in the "coverage territory" during thepolicy period.

2. Exclusions


a. Knowing Violation Of Rights Of Another

"Personal and advertising injury" caused by orat the direction of the insured with theknowledge that the act would violate the rightsof another and would inflict "personal andadvertising injury".

b. Material Published With Knowledge OfFalsity

"Personal and advertising injury" arising out oforal or written publication, in any manner, ofmaterial, if done by or at the direction of theinsured with knowledge of its falsity.

c. Material Published Prior To Policy Period

"Personal and advertising injury" arising out oforal or written publication, in any manner, ofmaterial whose first publication took placebefore the beginning of the policy period.

d. Criminal Acts

"Personal and advertising injury" arising out ofa criminal act committed by or at the directionof the insured.

e. Contractual Liability

"Personal and advertising injury" for which theinsured has assumed liability in a contract oragreement. This exclusion does not apply toliability for damages that the insured wouldhave in the absence of the contract oragreement.

f. Breach Of Contract

"Personal and advertising injury" arising out ofa breach of contract, except an impliedcontract to use another's advertising idea inyour "advertisement".

g. Quality Or Performance Of Goods ' FailureTo Conform To Statements

"Personal and advertising injury" arising out ofthe failure of goods, products or services toconform with any statement of quality orperformance made in your "advertisement".

h. Wrong Description Of Prices

"Personal and advertising injury" arising out ofthe wrong description of the price of goods,products or services stated in your"advertisement".


i. Infringement Of Copyright, Patent,Trademark Or Trade Secret

"Personal and advertising injury" arising out ofthe infringement of copyright, patent,trademark, trade secret or other intellectualproperty rights. Under this exclusion, suchother intellectual property rights do not includethe use of another's advertising idea in your"advertisement".

However, this exclusion does not apply toinfringement, in your "advertisement", ofcopyright, trade dress or slogan.

j. Insureds In Media And Internet TypeBusinesses

"Personal and advertising injury" committed byan insured whose business is:

(1) Advertising, broadcasting, publishing ortelecasting;

(2) Designing or determining content of websites for others; or

(3) An Internet search, access, content orservice provider.

However, this exclusion does not apply toParagraphs 14.a., b. and c. of "personal andadvertising injury" under the Definitionssection.

For the purposes of this exclusion, the placingof frames, borders or links, or advertising, foryou or others anywhere on the Internet, is notby itself, considered the business ofadvertising, broadcasting, publishing ortelecasting.

k. Electronic Chatrooms Or Bulletin Boards

"Personal and advertising injury" arising out ofan electronic chatroom or bulletin board theinsured hosts, owns, or over which the insuredexercises control.

l. Unauthorized Use Of Another's Name OrProduct

"Personal and advertising injury" arising out ofthe unauthorized use of another's name orproduct in your e-mail address, domain nameor metatag, or any other similar tactics tomislead another's potential customers.

m. Pollution

"Personal and advertising injury" arising out ofthe actual, alleged or threatened discharge,dispersal, seepage, migration, release orescape of "pollutants" at any time.

n. Pollution-related

Any loss, cost or expense arising out of any:

(1) Request, demand, order or statutory orregulatory requirement that any insured orothers test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or inany way respond to, or assess the effectsof, "pollutants"; or

(2) Claim or suit by or on behalf of agovernmental authority for damagesbecause of testing for, monitoring, cleaningup, removing, containing, treating,detoxifying or neutralizing, or in any wayresponding to, or assessing the effects of,"pollutants".

o. War

"Personal and advertising injury", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by anygovernment, sovereign or other authorityusing military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany of these.

p. Recording And Distribution Of Material OrInformation In Violation Of Law

"Personal and advertising injury" arisingdirectly or indirectly out of any action oromission that violates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of oraddition to such law;

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law;

(3) The Fair Credit Reporting Act (FCRA), andany amendment of or addition to such law,including the Fair and Accurate CreditTransactions Act (FACTA); or

(4) Any federal, state or local statute,ordinance or regulation, other than theTCPA, CAN-SPAM Act of 2003 or FCRAand their amendments and additions, thataddresses, prohibits, or limits the printing,dissemination, disposal, collecting,recording, sending, transmitting,communicating or distribution of material orinformation.


COVERAGE C ' MEDICAL PAYMENTS


a. We will pay medical expenses as describedbelow for "bodily injury" caused by an accident:

(1) On premises you own or rent;

(2) On ways next to premises you own or rent;or

(3) Because of your operations;

provided that:

(a) The accident takes place in the"coverage territory" and during the policyperiod;

(b) The expenses are incurred and reportedto us within one year of the date of theaccident; and

(c) The injured person submits toexamination, at our expense, byphysicians of our choice as often as wereasonably require.

b. We will make these payments regardless offault. These payments will not exceed theapplicable limit of insurance. We will payreasonable expenses for:

(1) First aid administered at the time of anaccident;

(2) Necessary medical, surgical, X-ray anddental services, including prostheticdevices; and

(3) Necessary ambulance, hospital,professional nursing and funeral services.

2. Exclusions

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 ofany insured or a tenant of any insured.

c. Injury On Normally Occupied Premises

To a person injured on that part of premisesyou own or rent that the person normallyoccupies.

d. Workers' Compensation And Similar Laws

To a person, whether or not an "employee" ofany insured, if benefits for the "bodily injury"are payable or must be provided under aworkers' compensation or disability benefitslaw or a similar law.

e. Athletics Activities

To a person injured while practicing, instructingor participating in any physical exercises orgames, sports, or athletic contests.

f. Products-Completed Operations Hazard

Included within the "products-completedoperations hazard".

g. Coverage A Exclusions

Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS ' COVERAGES AAND B

1. We will pay, with respect to any claim weinvestigate or settle, or any "suit" against aninsured we defend:

a. All expenses we incur.

b. Up to $250 for cost of bail bonds requiredbecause of accidents or traffic law violationsarising out of the use of any vehicle to whichthe Bodily Injury Liability Coverage applies. Wedo not have to furnish these bonds.

c. The cost of bonds to release attachments, butonly for bond amounts within the applicablelimit of insurance. We do not have to furnishthese bonds.

d. All reasonable expenses incurred by theinsured at our request to assist us in theinvestigation or defense of the claim or "suit",including actual loss of earnings up to $250 aday because of time off from work.

e. All court costs taxed against the insured in the"suit". However, these payments do not includeattorneys' fees or attorneys' expenses taxedagainst the insured.

f. Prejudgment interest awarded against theinsured on that part of the judgment we pay. Ifwe make an offer to pay the applicable limit ofinsurance, we will not pay any prejudgmentinterest based on that period of time after theoffer.


g. All interest on the full amount of any judgmentthat accrues after entry of the judgment andbefore we have paid, offered to pay, ordeposited in court the part of the judgment thatis within the applicable limit of insurance.

These payments will not reduce the limits ofinsurance.

2. If we defend an insured against a "suit" and anindemnitee of the insured is also named as a partyto the "suit", we will defend that indemnitee if all ofthe following conditions are met:

a. The "suit" against the indemnitee seeksdamages for which the insured has assumedthe liability of the indemnitee in a contract oragreement that is an "insured contract";

b. This insurance applies to such liabilityassumed by the insured;

c. The obligation to defend, or the cost of thedefense of, that indemnitee, has also beenassumed by the insured in the same "insuredcontract";

d. The allegations in the "suit" and the informationwe know about the "occurrence" are such thatno conflict appears to exist between theinterests of the insured and the interests of theindemnitee;

e. The indemnitee and the insured ask us toconduct and control the defense of thatindemnitee against such "suit" and agree thatwe can assign the same counsel to defend theinsured and the indemnitee; and

f. The indemnitee:

(1) Agrees in writing to:

(a) Cooperate with us in the investigation,settlement or defense of the "suit";

(b) Immediately send us copies of anydemands, notices, summonses or legalpapers received in connection with the"suit";

(c) Notify any other insurer whose coverageis available to the indemnitee; and

(d) Cooperate with us with respect tocoordinating other applicable insuranceavailable to the indemnitee; and

(2) Provides us with written authorization to:

(a) Obtain records and other informationrelated to the "suit"; and

(b) Conduct and control the defense of theindemnitee in such "suit".

So long as the above conditions are met,attorneys' fees incurred by us in the defense ofthat indemnitee, necessary litigation expensesincurred by us and necessary litigation expensesincurred by the indemnitee at our request will bepaid as Supplementary Payments.Notwithstanding the provisions of Paragraph2.b.(2) of Section I ' Coverage A ' Bodily InjuryAnd Property Damage Liability, such payments willnot be deemed to be damages for "bodily injury"and "property damage" and will not reduce thelimits of insurance.

Our obligation to defend an insured's indemniteeand to pay for attorneys' fees and necessarylitigation expenses as Supplementary Paymentsends when we have used up the applicable limit ofinsurance in the payment of judgments orsettlements or the conditions set forth above, orthe terms of the agreement described inParagraph f. above, are no longer met.

SECTION II ' WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse areinsureds, but only with respect to the conductof a business of which you are the sole owner.

b. A partnership or joint venture, you are aninsured. Your members, your partners, andtheir spouses are also insureds, but only withrespect to the conduct of your business.

c. A limited liability company, you are an insured.Your members are also insureds, but only withrespect to the conduct of your business. Yourmanagers are insureds, but only with respectto their duties as your managers.

d. An organization other than a partnership, jointventure or limited liability company, you are aninsured. Your "executive officers" and directorsare insureds, but only with respect to theirduties as your officers or directors. Yourstockholders are also insureds, but only withrespect to their liability as stockholders.

e. A trust, you are an insured. Your trustees arealso insureds, but only with respect to theirduties as trustees.


2. Each of the following is also an insured:

a. Your "volunteer workers" only while performingduties related to the conduct of your business,or your "employees", other than either your"executive officers" (if you are an organizationother than a partnership, joint venture or limitedliability company) or your managers (if you area limited liability company), but only for actswithin the scope of their employment by you orwhile performing duties related to the conductof your business. However, none of these"employees" or "volunteer workers" areinsureds for:

(1) "Bodily injury" or "personal and advertisinginjury":

(a) To you, to your partners or members (ifyou are a partnership or joint venture),to your members (if you are a limitedliability company), to a co-"employee"while in the course of his or heremployment or performing duties relatedto the conduct of your business, or toyour other "volunteer workers" whileperforming duties related to the conductof your business;

(b) To the spouse, child, parent, brother orsister of that co-"employee" or"volunteer worker" as a consequence ofParagraph (1)(a) above;

(c) For which there is any obligation toshare damages with or repay someoneelse who must pay damages because ofthe injury described in Paragraph (1)(a)or (b) above; or

(d) Arising out of his or her providing orfailing to provide professional healthcare services.

(2) "Property damage" to property:

(a) Owned, occupied or used by;

(b) Rented to, in the care, custody orcontrol of, or over which physical controlis being exercised for any purpose by;

you, any of your "employees", "volunteerworkers", any partner or member (if you area partnership or joint venture), or anymember (if you are a limited liabilitycompany).

b. Any person (other than your "employee" or"volunteer worker"), or any organization whileacting as your real estate manager.

c. Any person or organization having propertemporary custody of your property if you die,but only:

(1) With respect to liability arising out of themaintenance or use of that property; and

(2) Until your legal representative has beenappointed.

d. Your legal representative if you die, but onlywith respect to duties as such. Thatrepresentative will have all your rights andduties under this Coverage Part.

3. Any organization you newly acquire or form, otherthan a partnership, joint venture or limited liabilitycompany, and over which you maintain ownershipor majority interest, will qualify as a NamedInsured if there is no other similar insuranceavailable to that organization. However:

a. Coverage under this provision is afforded onlyuntil the 90th day after you acquire or form theorganization or the end of the policy period,whichever is earlier;

b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before youacquired or formed the organization; and

c. Coverage B does not apply to "personal andadvertising injury" arising out of an offensecommitted before you acquired or formed theorganization.

No person or organization is an insured with respectto the conduct of any current or past partnership, jointventure or limited liability company that is not shownas a Named Insured in the Declarations.

SECTION III ' LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarationsand the rules below fix the most we will payregardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims orbringing "suits".

2. The General Aggregate Limit is the most we willpay for the sum of:

a. Medical expenses under Coverage C;

b. Damages under Coverage A, except damagesbecause of "bodily injury" or "property damage"included in the "products-completed operationshazard"; and

c. Damages under Coverage B.


3. The Products-Completed Operations AggregateLimit is the most we will pay under Coverage A fordamages because of "bodily injury" and "propertydamage" included in the "products-completedoperations hazard".

4. Subject to Paragraph 2. above, the Personal AndAdvertising Injury Limit is the most we will payunder Coverage B for the sum of all damagesbecause of all "personal and advertising injury"sustained by any one person or organization.

5. Subject to Paragraph 2. or 3. above, whicheverapplies, the Each Occurrence Limit is the most wewill pay for the sum of:

a. Damages under Coverage A; and

b. Medical expenses under Coverage C

because of all "bodily injury" and "propertydamage" arising out of any one "occurrence".

6. Subject to Paragraph 5. above, the Damage ToPremises Rented To You Limit is the most we willpay under Coverage A for damages because of"property damage" to any one premises, whilerented to you, or in the case of damage by fire,while rented to you or temporarily occupied by youwith permission of the owner.

7. Subject to Paragraph 5. above, the MedicalExpense Limit is the most we will pay underCoverage C for all medical expenses because of"bodily injury" sustained by any one person.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and toany remaining period of less than 12 months, startingwith the beginning of the policy period shown in theDeclarations, unless the policy period is extendedafter issuance for an additional period of less than 12months. In that case, the additional period will bedeemed part of the last preceding period for purposesof determining the Limits of Insurance.

SECTION IV ' COMMERCIAL GENERAL LIABILITYCONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of theinsured's estate will not relieve us of ourobligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,Claim Or Suit

a. You must see to it that we are notified as soonas practicable of an "occurrence" or an offensewhich may result in a claim. To the extentpossible, notice should include:

(1) How, when and where the "occurrence" oroffense took place;

(2) The names and addresses of any injuredpersons and witnesses; and

(3) The nature and location of any injury ordamage arising out of the "occurrence" oroffense.

b. If a claim is made or "suit" is brought againstany insured, you must:

(1) Immediately record the specifics of theclaim or "suit" and the date received; and

(2) Notify us as soon as practicable.

You must see to it that we receive writtennotice of the claim or "suit" as soon aspracticable.

c. You and any other involved insured must:

(1) Immediately send us copies of anydemands, notices, summonses or legalpapers received in connection with theclaim or "suit";

(2) Authorize us to obtain records and otherinformation;

(3) Cooperate with us in the investigation orsettlement of the claim or defense againstthe "suit"; and

(4) Assist us, upon our request, in theenforcement of any right against anyperson or organization which may be liableto the insured because of injury or damageto which this insurance may also apply.

d. No insured will, except at that insured's owncost, voluntarily make a payment, assume anyobligation, or incur any expense, other than forfirst aid, without our consent.

3. Legal Action Against Us

No person or organization has a right under thisCoverage Part:

a. To join us as a party or otherwise bring us intoa "suit" asking for damages from an insured; or

b. To sue us on this Coverage Part unless all ofits terms have been fully complied with.

A person or organization may sue us to recover onan agreed settlement or on a final judgmentagainst an insured; but we will not be liable fordamages that are not payable under the terms ofthis Coverage Part or that are in excess of theapplicable limit of insurance. An agreed settlementmeans a settlement and release of liability signedby us, the insured and the claimant or theclaimant's legal representative.


4. Other Insurance

If other valid and collectible insurance is availableto the insured for a loss we cover underCoverages A or B of this Coverage Part, ourobligations are limited as follows:

a. Primary Insurance

This insurance is primary except whenParagraph b. below applies. If this insurance isprimary, our obligations are not affected unlessany of the other insurance is also primary.Then, we will share with all that otherinsurance by the method described inParagraph c. below.

b. Excess Insurance

(1) This insurance is excess over:

(a) Any of the other insurance, whetherprimary, excess, contingent or on anyother basis:

(i) That is Fire, Extended Coverage,Builder's Risk, Installation Risk orsimilar coverage for "your work";

(ii) That is Fire insurance for premisesrented to you or temporarilyoccupied by you with permission ofthe owner;

(iii) That is insurance purchased by youto cover your liability as a tenant for"property damage" to premisesrented to you or temporarilyoccupied by you with permission ofthe owner; or

(iv) If the loss arises out of themaintenance or use of aircraft,"autos" or watercraft to the extent notsubject to Exclusion g. of Section I '

Coverage A ' Bodily Injury AndProperty Damage Liability.

(b) Any other primary insurance available toyou covering liability for damagesarising out of the premises oroperations, or the products andcompleted operations, for which youhave been added as an additionalinsured.

(2) When this insurance is excess, we will haveno duty under Coverages A or B to defendthe insured against any "suit" if any otherinsurer has a duty to defend the insuredagainst that "suit". If no other insurerdefends, we will undertake to do so, but wewill be entitled to the insured's rightsagainst all those other insurers.

(3) When this insurance is excess over otherinsurance, we will pay only our share of theamount of the loss, if any, that exceeds thesum of:

(a) The total amount that all such otherinsurance would pay for the loss in theabsence of this insurance; and

(b) The total of all deductible and self-insured amounts under all that otherinsurance.

(4) We will share the remaining loss, if any,with any other insurance that is notdescribed in this Excess Insuranceprovision and was not bought specifically toapply in excess of the Limits of Insuranceshown in the Declarations of this CoveragePart.

c. Method Of Sharing

If all of the other insurance permits contributionby equal shares, we will follow this methodalso. Under this approach each insurercontributes equal amounts until it has paid itsapplicable limit of insurance or none of the lossremains, whichever comes first.

If any of the other insurance does not permitcontribution by equal shares, we will contributeby limits. Under this method, each insurer'sshare is based on the ratio of its applicablelimit of insurance to the total applicable limits ofinsurance of all insurers.

5. Premium Audit

a. We will compute all premiums for thisCoverage Part in accordance with our rulesand rates.

b. Premium shown in this Coverage Part asadvance premium is a deposit premium only.At the close of each audit period we willcompute the earned premium for that periodand send notice to the first Named Insured.The due date for audit and retrospectivepremiums is the date shown as the due dateon the bill. If the sum of the advance and auditpremiums paid for the policy period is greaterthan the earned premium, we will return theexcess to the first Named Insured.

c. The first Named Insured must keep records ofthe information we need for premiumcomputation, and send us copies at such timesas we may request.

6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations areaccurate and complete;


b. Those statements are based uponrepresentations you made to us; and

c. We have issued this policy in reliance uponyour representations.

7. Separation Of Insureds

Except with respect to the Limits of Insurance, andany rights or duties specifically assigned in thisCoverage Part to the first Named Insured, thisinsurance applies:

a. As if each Named Insured were the onlyNamed Insured; and

b. Separately to each insured against whom claimis made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against OthersTo Us

If the insured has rights to recover all or part ofany payment we have made under this CoveragePart, those rights are transferred to us. Theinsured must do nothing after loss to impair them.At our request, the insured will bring "suit" ortransfer those rights to us and help us enforcethem.

9. When We Do Not Renew

If we decide not to renew this Coverage Part, wewill mail or deliver to the first Named Insuredshown in the Declarations written notice of thenonrenewal not less than 30 days before theexpiration date.

If notice is mailed, proof of mailing will be sufficientproof of notice.

SECTION V ' DEFINITIONS

1. "Advertisement" means a notice that is broadcastor published to the general public or specificmarket segments about your goods, products orservices for the purpose of attracting customers orsupporters. For the purposes of this definition:

a. Notices that are published include materialplaced on the Internet or on similar electronicmeans of communication; and

b. Regarding web sites, only that part of a website that is about your goods, products orservices for the purposes of attractingcustomers or supporters is considered anadvertisement.

2. "Auto" means:

a. A land motor vehicle, trailer or semitrailerdesigned for travel on public roads, includingany attached machinery or equipment; or

b. Any other land vehicle that is subject to acompulsory or financial responsibility law orother motor vehicle insurance law where it islicensed or principally garaged.

However, "auto" does not include "mobileequipment".

3. "Bodily injury" means bodily injury, sickness ordisease sustained by a person, including deathresulting from any of these at any time.

4. "Coverage territory" means:

a. The United States of America (including itsterritories and possessions), Puerto Rico andCanada;

b. International waters or airspace, but only if theinjury or damage occurs in the course of travelor transportation between any places includedin Paragraph a. above; or

c. All other parts of the world if the injury ordamage arises out of:

(1) Goods or products made or sold by you inthe territory described in Paragraph a.above;

(2) The activities of a person whose home is inthe territory described in Paragraph a.above, but is away for a short time on yourbusiness; or

(3) "Personal and advertising injury" offensesthat take place through the Internet orsimilar electronic means of communication;

provided the insured's responsibility to paydamages is determined in a "suit" on themerits, in the territory described in Paragrapha. above or in a settlement we agree to.

5. "Employee" includes a "leased worker"."Employee" does not include a "temporaryworker".

6. "Executive officer" means a person holding any ofthe officer positions created by your charter,constitution, bylaws or any other similar governingdocument.

7. "Hostile fire" means one which becomesuncontrollable or breaks out from where it wasintended to be.

8. "Impaired property" means tangible property, otherthan "your product" or "your work", that cannot beused 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 contractor agreement;

if such property can be restored to use by therepair, replacement, adjustment or removal of"your product" or "your work" or your fulfilling theterms of the contract or agreement.


9. "Insured contract" means:

a. A contract for a lease of premises. However,that portion of the contract for a lease ofpremises that indemnifies any person ororganization for damage by fire to premiseswhile rented to you or temporarily occupied byyou with permission of the owner is not an"insured contract";

b. A sidetrack agreement;

c. Any easement or license agreement, except inconnection with construction or demolitionoperations on or within 50 feet of a railroad;

d. An obligation, as required by ordinance, toindemnify a municipality, except in connectionwith work for a municipality;

e. An elevator maintenance agreement;

f. That part of any other contract or agreementpertaining to your business (including anindemnification of a municipality in connectionwith work performed for a municipality) underwhich you assume the tort liability of anotherparty to pay for "bodily injury" or "propertydamage" to a third person or organization. Tortliability means a liability that would be imposedby law in the absence of any contract oragreement.

Paragraph f. does not include that part of anycontract or agreement:

(1) That indemnifies a railroad for "bodily injury"or "property damage" arising out ofconstruction or demolition operations, within50 feet of any railroad property andaffecting any railroad bridge or trestle,tracks, road-beds, tunnel, underpass orcrossing;

(2) That indemnifies an architect, engineer orsurveyor for injury or damage arising out of:

(a) Preparing, approving, or failing toprepare or approve, maps, shopdrawings, opinions, reports, surveys,field orders, change orders or drawingsand specifications; or

(b) Giving directions or instructions, orfailing to give them, if that is the primarycause of the injury or damage; or

(3) Under which the insured, if an architect,engineer or surveyor, assumes liability foran injury or damage arising out of theinsured's rendering or failure to renderprofessional services, including those listedin (2) above and supervisory, inspection,architectural or engineering activities.

10. "Leased worker" means a person leased to you bya labor leasing firm under an agreement betweenyou and the labor leasing firm, to perform dutiesrelated to the conduct of your business. "Leasedworker" does not include a "temporary worker".

11. "Loading or unloading" means the handling ofproperty:

a. After it is moved from the place where it isaccepted 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 isfinally delivered;

but "loading or unloading" does not include themovement of property by means of a mechanicaldevice, other than a hand truck, that is notattached to the aircraft, watercraft or "auto".

12. "Mobile equipment" means any of the followingtypes of land vehicles, including any attachedmachinery or equipment:

a. Bulldozers, farm machinery, forklifts and othervehicles designed for use principally off publicroads;

b. Vehicles maintained for use solely on or next topremises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not,maintained primarily to provide mobility topermanently mounted:

(1) Power cranes, shovels, loaders, diggers ordrills; or

(2) Road construction or resurfacing equipmentsuch as graders, scrapers or rollers;

e. Vehicles not described in Paragraph a., b., c.or d. above that are not self-propelled and aremaintained primarily to provide mobility topermanently attached equipment of thefollowing types:

(1) Air compressors, pumps and generators,including spraying, welding, buildingcleaning, geophysical exploration, lightingand well servicing equipment; or

(2) Cherry pickers and similar devices used toraise or lower workers;

f. Vehicles not described in Paragraph a., b., c.or d. above maintained primarily for purposesother than the transportation of persons orcargo.


However, self-propelled vehicles with thefollowing types of permanently attachedequipment are not "mobile equipment" but willbe considered "autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not constructionor resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices mountedon automobile or truck chassis and used toraise or lower workers; and

(3) Air compressors, pumps and generators,including spraying, welding, buildingcleaning, geophysical exploration, lightingand well servicing equipment.

However, "mobile equipment" does not includeany land vehicles that are subject to a compulsoryor financial responsibility law or other motorvehicle insurance law where it is licensed orprincipally garaged. Land vehicles subject to acompulsory or financial responsibility law or othermotor vehicle insurance law are considered"autos".

13. "Occurrence" means an accident, includingcontinuous or repeated exposure to substantiallythe same general harmful conditions.

14. "Personal and advertising injury" means injury,including consequential "bodily injury", arising outof one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful entry into,or invasion of the right of private occupancy ofa room, dwelling or premises that a personoccupies, committed by or on behalf of itsowner, landlord or lessor;

d. Oral or written publication, in any manner, ofmaterial that slanders or libels a person ororganization or disparages a person's ororganization's goods, products or services;

e. Oral or written publication, in any manner, ofmaterial that violates a person's right ofprivacy;

f. The use of another's advertising idea in your"advertisement"; or

g. Infringing upon another's copyright, trade dressor slogan in your "advertisement".

15. "Pollutants" mean any solid, liquid, gaseous orthermal irritant or contaminant, including smoke,vapor, soot, fumes, acids, alkalis, chemicals andwaste. Waste includes materials to be recycled,reconditioned or reclaimed.

16. "Products-completed operations hazard":

a. Includes all "bodily injury" and "propertydamage" occurring away from premises youown or rent and arising out of "your product" or"your work" except:

(1) Products that are still in your physicalpossession; or

(2) Work that has not yet been completed orabandoned. However, "your work" will bedeemed completed at the earliest of thefollowing times:

(a) When all of the work called for in yourcontract has been completed.

(b) When all of the work to be done at thejob site has been completed if yourcontract calls for work at more than onejob site.

(c) When that part of the work done at a jobsite has been put to its intended use byany person or organization other thananother contractor or subcontractorworking on the same project.

Work that may need service, maintenance,correction, repair or replacement, but whichis otherwise complete, will be treated ascompleted.

b. Does not include "bodily injury" or "propertydamage" arising out of:

(1) The transportation of property, unless theinjury or damage arises out of a condition inor on a vehicle not owned or operated byyou, and that condition was created by the"loading or unloading" of that vehicle by anyinsured;

(2) The existence of tools, uninstalledequipment or abandoned or unusedmaterials; or

(3) Products or operations for which theclassification, listed in the Declarations or ina policy Schedule, states that products-completed operations are subject to theGeneral Aggregate Limit.

17. "Property damage" means:

a. Physical injury to tangible property, includingall resulting loss of use of that property. Allsuch loss of use shall be deemed to occur atthe time of the physical injury that caused it; or

b. Loss of use of tangible property that is notphysically injured. All such loss of use shall bedeemed to occur at the time of the"occurrence" that caused it.

For the purposes of this insurance, electronic datais not tangible property.


As used in this definition, electronic data meansinformation, facts or programs stored as or on,created or used on, or transmitted to or fromcomputer software, including systems andapplications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processingdevices or any other media which are used withelectronically controlled equipment.

18. "Suit" means a civil proceeding in which damagesbecause of "bodily injury", "property damage" or"personal and advertising injury" to which thisinsurance applies are alleged. "Suit" includes:

a. An arbitration proceeding in which suchdamages are claimed and to which the insuredmust submit or does submit with our consent;or

b. Any other alternative dispute resolutionproceeding in which such damages areclaimed and to which the insured submits withour consent.

19. "Temporary worker" means a person who isfurnished to you to substitute for a permanent"employee" on leave or to meet seasonal or short-term workload conditions.

20. "Volunteer worker" means a person who is notyour "employee", and who donates his or her workand acts at the direction of and within the scope ofduties determined by you, and is not paid a fee,salary or other compensation by you or anyoneelse for their work performed for you.

21. "Your product":

a. Means:

(1) Any goods or products, other than realproperty, manufactured, sold, handled,distributed or disposed of by:

(a) You;

(b) Others trading under your name; or

(c) A person or organization whosebusiness or assets you have acquired;and

(2) Containers (other than vehicles), materials,parts or equipment furnished in connectionwith such goods or products.

b. Includes:

(1) Warranties or representations made at anytime with respect to the fitness, quality,durability, performance or use of "yourproduct"; and

(2) The providing of or failure to providewarnings or instructions.

c. Does not include vending machines or otherproperty rented to or located for the use ofothers but not sold.

22. "Your work":

a. Means:

(1) Work or operations performed by you or onyour behalf; and

(2) Materials, parts or equipment furnished inconnection with such work or operations.

b. Includes:

(1) Warranties or representations made at anytime with respect to the fitness, quality,durability, performance or use of "yourwork"; and

(2) The providing of or failure to providewarnings or instructions.

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POLICY NUMBER: WPP1131767 02 COMMERCIAL GENERAL LIABILITYCG 20 11 04 13



ADDITIONAL INSURED ' MANAGERS ORLESSORS OF PREMISES


COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Designation Of Premises (Part Leased To You): All premises leased to you.

Name Of Person(s) Or Organization(s) (Additional Insured): Any person or organization where requiredby written contract.

Additional Premium: $ 0

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II ' Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability arising out of theownership, maintenance or use of that part of thepremises leased to you and shown in theSchedule and subject to the following additionalexclusions:


1. Any "occurrence" which takes place after youcease to be a tenant in that premises.

2. Structural alterations, new construction ordemolition operations performed by or onbehalf of the person(s) or organization(s)shown in the Schedule.

However:

1. The insurance afforded to such additionalinsured only applies to the extent permittedby law; and

2. If coverage provided to the additional insuredis required by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.

B. With respect to the insurance afforded to theseadditional insureds, the following is added toSection III ' Limits Of Insurance:

If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits ofInsurance shown in the Declarations;

whichever is less.

This endorsement shall not increase theapplicable Limits of Insurance shown in theDeclarations.

POLICY NUMBER:WPP1131767 02 COMMERCIAL GENERAL LIABILITYCG 20 12 04 13



ADDITIONAL INSURED ' STATE OR GOVERNMENTALAGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION ' PERMITS OR AUTHORIZATIONS



SCHEDULE

State Or Governmental Agency Or Subdivision Or Political Subdivision:

Any state or political subdivision where required by written contract.


A. Section II ' Who Is An Insured is amended toinclude as an additional insured any state orgovernmental agency or subdivision or politicalsubdivision shown in the Schedule, subject to thefollowing provisions:

1. This insurance applies only with respect tooperations performed by you or on your behalffor which the state or governmental agency orsubdivision or political subdivision has issued apermit or authorization.

However:

a. The insurance afforded to such additionalinsured only applies to the extent permittedby law; and

b. If coverage provided to the additionalinsured is required by a contract oragreement, the insurance afforded to suchadditional insured will not be broader thanthat which you are required by the contractor agreement to provide for such additionalinsured.

2. This insurance does not apply to:

a. "Bodily injury", "property damage" or"personal and advertising injury" arising outof operations performed for the federalgovernment, state or municipality; or

b. "Bodily injury" or "property damage"included within the "products-completedoperations hazard".

B. With respect to the insurance afforded to theseadditional insureds, the following is added toSection III ' Limits Of Insurance:




whichever is less.


POLICY NUMBER:WPP1131767 02 COMMERCIAL GENERAL LIABILITYCG 20 18 04 13



ADDITIONAL INSURED '

MORTGAGEE, ASSIGNEE OR RECEIVER



SCHEDULE

Name Of Person(s) Or Organization(s) Designation Of Premises

Any person or organization where required by writtencontract.

All premises owned, maintained or used by you.


A. Section II ' Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to their liability as mortgagee,assignee, or receiver and arising out of theownership, maintenance, or use of the premisesby you and shown in the Schedule.

However:

1. The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and

2. If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.

B. This insurance does not apply to structuralalterations, new construction and demolitionoperations performed by or for that person ororganization.

C. With respect to the insurance afforded to theseadditional insureds, the following is added toSection III ' Limits Of Insurance:




whichever is less.



CG 20 34 04 13



ADDITIONAL INSURED ' LESSOR OF LEASEDEQUIPMENT ' AUTOMATIC STATUS WHEN

REQUIRED IN LEASE AGREEMENT WITH YOU



A. Section II ' Who Is An Insured is amended toinclude as an additional insured any person(s) ororganization(s) from whom you lease equipmentwhen you and such person(s) or organization(s)have agreed in writing in a contract or agreementthat such person(s) or organization(s) be added asan additional insured on your policy. Suchperson(s) or organization(s) is an insured only withrespect to liability for "bodily injury", "propertydamage" or "personal and advertising injury"caused, in whole or in part, by your maintenance,operation or use of equipment leased to you bysuch person(s) or organization(s).

However, the insurance afforded to suchadditional insured:

1. Only applies to the extent permitted by law;and

2. Will not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.

$ -(./,+3/ ,. ,.)&+*2&0*,+3/ /0&01/ &/ &+additional insured under this endorsement endswhen their contract or agreement with you for suchleased equipment ends.

B. With respect to the insurance afforded to theseadditional insureds, this insurance does not applyto any "occurrence" which takes place after theequipment lease expires.

C. With respect to the insurance afforded to theseadditional insureds, the following is added toSection III ' Limits Of Insurance:

The most we will pay on behalf of the additionalinsured is the amount of insurance:

1. Required by the contract or agreement youhave entered into with the additional insured;or


whichever is less.


POLICY NUMBER: COMMERCIAL GENERAL LIABILITYCG 21 47 12 07


CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1

EMPLOYMENT-RELATED PRACTICES EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I Z Coverage A Z BodilyInjury And Property Damage Liability:


"Bodily 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, demo-tion, evaluation, reassignment, discipline,defamation, harassment, humiliation, dis-crimination or malicious prosecution di-rected at that person; or

(2) The spouse, child, parent, brother or sister ofthat person as a consequence of "bodily injury"to that person at whom any of the employment-related practices described in Paragraphs (a),(b), or (c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs beforeemployment, during employment or after em-ployment of that person;

(2) Whether the insured may be liable as an em-ployer or in any other capacity; and

(3) To any obligation to share damages with orrepay someone else who must pay damagesbecause of the injury.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I Z Coverage B Z Person-al And Advertising Injury Liability:


"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, demo-tion, evaluation, reassignment, discipline,defamation, harassment, humiliation, dis-crimination or malicious prosecution di-rected at that person; or

(2) The spouse, child, parent, brother or sister ofthat person as a consequence of "personal andadvertising injury" to that person at whom anyof the employment-related practices describedin Paragraphs (a), (b), or (c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs beforeemployment, during employment or after em-ployment of that person;

(2) Whether the insured may be liable as an em-ployer or in any other capacity; and

(3) To any obligation to share damages with orrepay someone else who must pay damagesbecause of the injury.

WPP1131767 02




FUNGI OR BACTERIA EXCLUSION



A. The following exclusion is added to Paragraph 2.Exclusions of Section I W Coverage A W BodilyInjury And Property Damage Liability:

2. Exclusions


Fungi Or Bacteria

a. "Bodily injury" or "property damage" whichwould not have occurred, in whole or in part,but for the actual, alleged or threatened in-halation of, ingestion of, contact with, expo-sure to, existence of, or presence of, any"fungi" or bacteria on or within a building orstructure, including its contents, regardlessof whether any other cause, event, materialor product contributed concurrently or in anysequence to such injury or damage.

b. Any loss, cost or expenses arising out of theabating, testing for, monitoring, cleaning up,removing, containing, treating, detoxifying,neutralizing, remediating or disposing of, orin any way responding to, or assessing theeffects of, "fungi" or bacteria, by any insuredor by any other person or entity.

This exclusion does not apply to any "fungi" orbacteria that are, are on, or are contained in, agood or product intended for bodily consump-tion.

B. The following exclusion is added to Paragraph 2.Exclusions of Section I W Coverage B W Person-al And Advertising Injury Liability:

2. Exclusions


Fungi Or Bacteria

a. "Personal and advertising injury" whichwould not have taken place, in whole or inpart, but for the actual, alleged or threat-ened inhalation of, ingestion of, contactwith, exposure to, existence of, or presenceof any "fungi" or bacteria on or within abuilding or structure, including its contents,regardless of whether any other cause,event, material or product contributed con-currently or in any sequence to such injury.

b. Any loss, cost or expense arising out of theabating, testing for, monitoring, cleaning up,removing, containing, treating, detoxifying,neutralizing, remediating or disposing of, orin any way responding to, or assessing theeffects of, "fungi" or bacteria, by any insuredor by any other person or entity.

C. The following definition is added to the DefinitionsSection:

"Fungi" means any type or form of fungus, includ-ing mold or mildew and any mycotoxins, spores,scents or byproducts produced or released by fun-gi.




CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

A. If aggregate insured losses attributable to terroristacts certified under the federal Terrorism RiskInsurance Act exceed $100 billion in a calendaryear and we have met our insurer deductibleunder the Terrorism Risk Insurance Act, we shallnot be liable for the payment of any portion of theamount of such losses that exceeds $100 billion,and in such case insured losses up to that amountare subject to pro rata allocation in accordancewith procedures established by the Secretary ofthe Treasury.

"Certified act of terrorism" means an act that iscertified by the Secretary of the Treasury, inaccordance with the provisions of the federalTerrorism Risk Insurance Act, to be an act ofterrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Act fora "certified act of terrorism" include the following:

1. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to alltypes of insurance subject to the TerrorismRisk Insurance Act; and

2. The act is a violent act or an act that isdangerous to human life, property orinfrastructure and is committed by an individualor individuals as part of an effort to coerce thecivilian population of the United States or toinfluence the policy or affect the conduct of theUnited States Government by coercion.

B. The terms and limitations of any terrorismexclusion, or the inapplicability or omission of aterrorism exclusion, do not serve to createcoverage for injury or damage that is otherwiseexcluded under this Coverage Part.




EXCLUSION OF PUNITIVE DAMAGESRELATED TO A CERTIFIED ACT OF TERRORISM


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

A. The following exclusion is added:


TERRORISM PUNITIVE DAMAGES

Damages arising, directly or indirectly, out of a"certified act of terrorism" that are awarded aspunitive damages.

B. The following definition is added:

"Certified act of terrorism" means an act that iscertified by the Secretary of the Treasury, inaccordance with the provisions of the federalTerrorism Risk Insurance Act, to be an act ofterrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Act fora "certified act of terrorism" include the following:

1. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to alltypes of insurance subject to the TerrorismRisk Insurance Act; and

2. The act is a violent act or an act that isdangerous to human life, property orinfrastructure and is committed by an individualor individuals as part of an effort to coerce thecivilian population of the United States or toinfluence the policy or affect the conduct of theUnited States Government by coercion.

C. The terms and limitations of any terrorismexclusion, or the inapplicability or omission of aterrorism exclusion, do not serve to createcoverage for injury or damage that is otherwiseexcluded under this Coverage Part.




EXCLUSION M EXTERIOR INSULATIONAND FINISH SYSTEMS



A. This insurance does not apply to "bodily injury","property damage" or "personal and advertising in-jury" arising out of, caused by, or attributable to,whether in whole or in part, the following:

1. The design, manufacture, construction, fabrica-tion, preparation, distribution and sale, installa-tion, application, maintenance or repair, includ-ing remodeling, service, correction orreplacement, of any "exterior insulation and fin-ish system" or any part thereof, or any substan-tially similar system or any part thereof, includ-ing the application or use of conditioners,primers, accessories, flashings, coatings,caulking or sealants in connection with such asystem; or

2. "Your product" or "your work" with respect toany exterior component, fixture or feature ofany structure if an "exterior insulation and finishsystem", or any substantially similar system, isused on the part of that structure containingthat component, fixture or feature.

B. The following definition is added to the DefinitionsSection:

"Exterior insulation and finish system" means anon-load bearing exterior cladding or finish sys-tem, and all component parts therein, used on anypart of any structure, and consisting of:

1. A rigid or semi-rigid insulation board made ofexpanded polystyrene and other materials;

2. The adhesive and/or mechanical fastenersused to attach the insulation board to the sub-strate;

3. A reinforced or unreinforced base coat;

4. A finish coat providing surface texture to whichcolor may be added; and

5. Any flashing, caulking or sealant used with thesystem for any purpose.




SILICA OR SILICA-RELATED DUST EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I Y Coverage A Y BodilyInjury And Property Damage Liability:

2. Exclusions


Silica Or Silica-Related Dust

a. "Bodily injury" arising, in whole or in part, outof the actual, alleged, threatened or sus-pected inhalation of, or ingestion of, "silica"or "silica-related dust".

b. "Property damage" arising, in whole or inpart, out of the actual, alleged, threatenedor suspected contact with, exposure to, ex-istence of, or presence of, "silica" or "silica-related dust".

c. Any loss, cost or expense arising, in wholeor in part, out of the abating, testing for,monitoring, cleaning up, removing, contain-ing, treating, detoxifying, neutralizing, reme-diating or disposing of, or in any way re-sponding to or assessing the effects of,"silica" or "silica-related dust", by any in-sured or by any other person or entity.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I Y Coverage B Y Person-al And Advertising Injury Liability:

2. Exclusions


Silica Or Silica-Related Dust

a. "Personal and advertising injury" arising, inwhole or in part, out of the actual, alleged,threatened or suspected inhalation of, in-gestion of, contact with, exposure to, exist-ence of, or presence of, "silica" or "silica-related dust".

b. Any loss, cost or expense arising, in wholeor in part, out of the abating, testing for,monitoring, cleaning up, removing, contain-ing, treating, detoxifying, neutralizing, reme-diating or disposing of, or in any way re-sponding to or assessing the effects of,"silica" or "silica-related dust", by any in-sured or by any other person or entity.

C. The following definitions are added to the Defini-tions Section:

1. "Silica" means silicon dioxide (occurring incrystalline, amorphous and impure forms), sili-ca particles, silica dust or silica compounds.

2. "Silica-related dust" means a mixture or combi-nation of silica and other dust or particles.


CG 22 79 04 13



EXCLUSION ' CONTRACTORS '

PROFESSIONAL LIABILITY



The following exclusion is added to Paragraph 2.Exclusions of Section I ' Coverage A ' BodilyInjury And Property Damage Liability andParagraph 2. Exclusions of Section I ' Coverage B' Personal And Advertising Injury Liability:

1. This insurance does not apply to "bodily injury","property damage" or "personal and advertisinginjury" arising out of the rendering of or failure torender any professional services by you or on yourbehalf, but only with respect to either or both of thefollowing operations:

a. Providing engineering, architectural orsurveying services to others in your capacity asan engineer, architect or surveyor; and

b. Providing, or hiring independent professionalsto provide, engineering, architectural orsurveying services in connection withconstruction work you perform.

This exclusion applies even if the claims againstany insured allege negligence or other wrongdoingin the supervision, hiring, employment, training ormonitoring of others by that insured, if the"occurrence" which caused the "bodily injury" or"property damage", or the offense which causedthe "personal and advertising injury", involved therendering of or failure to render any professionalservices by you or on your behalf with respect tothe operations described above.

2. Subject to Paragraph 3. below, professionalservices include:

a. Preparing, approving, or failing to prepare orapprove, maps, shop drawings, opinions,reports, surveys, field orders, change orders,or drawings and specifications; and

b. Supervisory or inspection activities performedas part of any related architectural orengineering activities.

3. Professional services do not include serviceswithin construction means, methods, techniques,sequences and procedures employed by you inconnection with your operations in your capacityas a construction contractor.

GL990001 Page 1 of 1 Ed 0908

Please read this endorsement carefully, as it reduces your coverage

LEAD EXCLUSION

This endorsement modifies all coverages found under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART

A. This insurance does not apply to any loss of, ]bQFKN[ KPLWT[^$ ]RTQRGTV[ FCOCIG^$ ]RGTUQPCN andaFXGTVKUKPI KPLWT[^$ or ]RTQHGUUKQPCN NKCDKNKV[^ CTKUKPI QWT QH VJG CEVWCN$ CNNGIGF QT UWURGEVGF-

1. Ingestion, inhalation, absorption, presence, or prolonged physical exposure or threat ofexposure to Lead in any form, or goods, products containing any form of Lead;

2. Use of any form of Lead in constructing or manufacturing any good, product or structure;

3. Removal of any form of Lead from any good, product or structure; or

4. The manufacture, intellectual development, sale, transportation, storage or disposal of Lead,or goods or products containing any form of Lead.

B. We will not pay:

1. Loss, cost or expense, including but not limited to defense costs, claim expenses, bonds or feesarising out of any request, demand or order that any insured or others identify, abate, test for,sample, monitor, clean up, remove, cover, contain, treat, detoxify, decontaminate, neutralize, ormitigate or in any way respond to, or assess the effects of Lead; or repair, replace or improveany property as a result of such effects; or

2. 6QUU$ EQUV QT GZRGPUG CTKUKPI QWV QH CP[ ENCKO QT ]UWKV^ D[ QT QP DGJCNH QH C IQXGTPOGPV CWVJQTKV[for damages because of identification of, abatement of, testing for, sampling, monitoring,cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing,or mitigating, or in any way responding to, or assessing the effects of Lead; or repairing,replacing or improving any property as a result of such effects.

C. This exclusion applies whether or not:

1. Such loss, cost or expense was caused by the instigation of, or with the direct or indirectKPXQNXGOGPV QH CP[ PCOGF KPUWTGF$ VJG PCOGF KPUWTGF_U GORNQ[GGU$ CFFKVKQPCN KPUWTGFU or otherRGTUQPU QP VJG KPUWTGF_U RTGOKUGU QT YQTMUKVG CV CP[ VKOG%

2. Such loss, cost or expense was caused by or arising out of the failure at any time of any namedKPUWTGF$ VJG PCOGF KPUWTGF_U GORNQ[GGU$ CFFKVKQPCN KPUWTGFU QT QVJGT RGTUQPU QP CP[ PCOGFKPUWTGF_U RTGOKUGU QT YQTMUKVG VQ UWRGTXKUG QT MGGR VJG RTGOKUG QT YQTMUKVG KP C UCHG EQPFKVKQP%

Please read this endorsement carefully, as it reduces your coverage

GL990002 Page 1 of 1 Ed 0908

ASBESTOS EXCLUSION

This endorsement modifies all coverages provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART

A. This insurance does not apply to any l699 6-$ A)6+03@ 051<8@$B A7867,8;@ +(4(.,$B A7,8965(3 andadvertising i51<8@B$ 68 A786-,99065(3 30()030;@B arising out of the actual, alleged or suspected:

1. Ingestion, inhalation, absorption, presence or prolonged physical exposure or threat ofexposure to asbestos in any form, or goods, products containing any form of asbestos;

2. Use of any form of asbestos in constructing or manufacturing any good, product or structure;

3. Removal of any form of asbestos from any good, product or structure; or

4. The manufacture, intellectual development, sale, transportation, storage, or disposal ofasbestos or goods or products containing any form of asbestos.

B. We will not pay:

1. Loss, cost or expense, including but not limited to defense costs, claim expenses, bonds orfees arising out of any request, demand, or order that any insured or others identify, abate,test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify, decontaminate,neutralize, or mitigate; or in any way respond to or assess the effects of asbestos; or repair,replace or improve any property as a result of such effects; or

2. &699$ *69; 68 ,?7,59, (80905. 6<; 6- (5@ *3(04 68 A9<0;B )@ 68 65 ),/(3- 6- ( .6=,854,5;authority for damages because of identification of, abatement of, testing for, sampling,monitoring, cleaning up, removing, covering, containing, treating, detoxifying,decontaminating, neutralizing, or mitigating; or in any way responding to or assessing theeffects of asbestos; or repairing, replacing or improving any property as a result of sucheffects.

C. This exclusion applies whether or not:

1. Such loss, cost or expense was caused by the instigation of, or with the direct or indirect05=63=,4,5; 6- (5@ 5(4,+ 059<8,+$ ;/, 5(4,+ 059<8,+C9 ,4736@,,9$ (++0;065(3 059<8,+s or6;/,8 7,89659 65 ;/, 5(4,+ 059<8,+C9 78,409,9 68 >68290;, (; (5@ ;04,%

2. Such loss, cost or expense was caused by or arising out of the failure at any time of any5(4,+ 059<8,+$ ;/, 5(4,+ 059<8,+C9 ,4736@,,9$ (++0;065(3 059<8,+9$ 68 6;/,8 7,89659 on(5@ 5(4,+ 059<8,+C9 78,409,9 68 >68290;, ;6 9<7,8=09, 68 2,,7 ;/, 78,409, 68 >68290;, 05 (safe condition.

GL990121 Page 1 of 1 Ed 1114

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

WARRANTY REQUIREMENT ENDORSEMENT –CHANGE IN DEDUCTIBLE


GENERAL LIABILITY COVERAGE FORM

SCHEDULE

Indicate with an “X” the Warranty Requirements as described in B.2. below:

_____ 2-10 Warranty

_____ 10 Year Structural Only Warranty

_____ Builder Backed Service Program Warranty

A. The deductible shown in the DEDUCTIBLE LIABILITY ENDORSEMENT is increased to (2) twotimes the amount shown, subject to a minimum deductible of $50,000 and a maximum increasein the deductible of $50,000 for "property damage" to any dwelling unit you construct or sell,arising out of “your work” or any part of it performed on such dwelling unit and included withinthe "products- completed operations hazard”.

B. This increase in deductible applies if:

1. During the policy period you were:

a. The seller of a dwelling unit; orb. The general contractor for the construction of a temporary or permanent dwelling unit for

an owner/developer;

And you have not met the following:

2. The sale of that dwelling unit or the construction services contract include an approved thirdparty new home warranty that includes mandatory and binding arbitration provisions underthe Federal Arbitration Act and provides the following warranty agreements as indicated withan “X” in the SCHEDULE above:

a. A 2-10 Warranty: including one (1) year of "workmanship" coverage, two (2) years of"systems" coverage and ten (10) years of fully insured "structural" coverage for actualphysical damage with coverage beginning at the close of escrow; or

b. A 10 Year Structural Only Warranty: including ten (10) years of fully insured "structural"coverage for actual physical damage with coverage beginning at the close of escrow; or

c. A Builder Backed Service Program Warranty: including one (1) year of "workmanship"coverage, two (2) years of "systems" and ten (10) years of "structural" coverage foractual physical damage with coverage beginning at the close of escrow, provided:

i. The dwelling unit is not located in one of the following areas:1. Montgomery County, Alabama;2. Colorado (Entire State);3. Mississippi – (The counties of Madison, Hinds or Rankin);4. Texas (Entire State); or5. Utah (The counties of Morgan, Salt Lake, Utah or Weber); and

ii. The dwelling unit is valued at or has sold for less than one million dollars($1,000,000).

GL990121 Page 1 of 1 Ed 1114

C. For the purpose of this endorsement, the following definitions are added to SECTION V –DEFINITIONS:

1. "Structural" means actual physical damage to the designated load-bearing elements of theproperty caused by failure of such load bearing elements which affects their load-bearingfunctions to the extent that the property becomes unsafe, unsanitary, or otherwise unlivable.

2. "Systems" means defects in the electrical, plumbing and mechanical systems to the extentstated in the written construction quality standards provided by the warranty provider.

3. "Workmanship" means defects in materials and workmanship as defined in the writtenconstruction quality standards provided by the warranty provider.

IL 00 17 11 98

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1

COMMON POLICY CONDITIONSAll Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declara-tions may cancel this policy by mailing or deli-vering to us advance written notice of cancella-tion.

2. We may cancel this policy by mailing or deliver-ing to the first Named Insured written notice ofcancellation at least:

a. 10 days before the effective date of cancel-lation if we cancel for nonpayment of pre-mium; or

b. 30 days before the effective date of cancel-lation if we cancel for any other reason.

3. We will mail or deliver our notice to the firstNamed Insured's last mailing address known tous.

4. Notice of cancellation will state the effectivedate of cancellation. The policy period will endon that date.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata. The cancellation will be ef-fective even if we have not made or offered arefund.

6. If notice is mailed, proof of mailing will be suffi-cient proof of notice.

B. Changes

This policy contains all the agreements betweenyou and us concerning the insurance afforded.The first Named Insured shown in the Declarationsis authorized to make changes in the terms of thispolicy with our consent. This policy's terms can beamended or waived only by endorsement issuedby us and made a part of this policy.

C. Examination Of Your Books And Records

We may examine and audit your books andrecords as they relate to this policy at any time dur-ing the policy period and up to three years after-ward.

D. Inspections And Surveys

1. We have the right to:

a. Make inspections and surveys at any time;

b. Give you reports on the conditions we find;and

c. Recommend changes.

2. We are not obligated to make any inspections,surveys, reports or recommendations and anysuch actions we do undertake relate only to in-surability and the premiums to be charged. Wedo not make safety inspections. We do not un-dertake to perform the duty of any person ororganization to provide for the health or safetyof workers or the public. And we do not warrantthat conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes orstandards.

3. Paragraphs 1. and 2. of this condition apply notonly to us, but also to any rating, advisory, rateservice or similar organization which makes in-surance inspections, surveys, reports or rec-ommendations.

4. Paragraph 2. of this condition does not apply toany inspections, surveys, reports or recom-mendations we may make relative to certifica-tion, under state or municipal statutes, ordin-ances or regulations, of boilers, pressure ves-sels or elevators.

E. Premiums

The first Named Insured shown in the Declara-tions:

1. Is responsible for the payment of all premiums;and

2. Will be the payee for any return premiums wepay.

F. Transfer Of Your Rights And Duties Under ThisPolicy

Your rights and duties under this policy may not betransferred without our written consent except inthe case of death of an individual named insured.

If you die, your rights and duties will be transferredto your legal representative but only while actingwithin the scope of duties as your legal representa-tive. Until your legal representative is appointed,anyone having proper temporary custody of yourproperty will have your rights and duties but onlywith respect to that property.

POLICY NUMBER: WPP1131767 02IL 00 21 09 08


IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2

NUCLEAR ENERGY LIABILITY EXCLUSIONENDORSEMENT

(Broad Form)


COMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTMEDICAL PROFESSIONAL LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"or "property damage":

(1) With respect to which an "insured" underthe policy is also an insured under a nuc-lear energy liability policy issued by NuclearEnergy Liability Insurance Association, Mu-tual Atomic Energy Liability Underwriters,Nuclear Insurance Association of Canadaor any of their successors, or would be aninsured under any such policy but for itstermination upon exhaustion of its limit ofliability; or

(2) Resulting from the "hazardous properties"of "nuclear material" and with respect towhich (a) any person or organization is re-quired to maintain financial protection pur-suant to the Atomic Energy Act of 1954, orany law amendatory thereof, or (b) the "in-sured" is, or had this policy not been issuedwould be, entitled to indemnity from theUnited States of America, or any agencythereof, under any agreement entered intoby the United States of America, or anyagency thereof, with any person or organi-zation.

B. Under any Medical Payments coverage, toexpenses incurred with respect to "bodily in-jury" resulting from the "hazardous properties"of "nuclear material" and arising out of the op-eration of a "nuclear facility" by any person ororganization.

C. Under any Liability Coverage, to "bodily injury"or "property damage" resulting from "hazard-ous properties" of "nuclear material", if:

(1) The "nuclear material" (a) is at any "nuclearfacility" owned by, or operated by or on be-half of, an "insured" or (b) has been dis-charged or dispersed therefrom;

(2) The "nuclear material" is contained in"spent fuel" or "waste" at any time pos-sessed, handled, used, processed, stored,transported or disposed of, by or on behalfof an "insured"; or

(3) The "bodily injury" or "property damage"arises out of the furnishing by an "insured"of services, materials, parts or equipment inconnection with the planning, construction,maintenance, operation or use of any "nuc-lear facility", but if such facility is locatedwithin the United States of America, its terri-tories or possessions or Canada, this ex-clusion (3) applies only to "property dam-age" to such "nuclear facility" and anyproperty thereat.

2. As used in this endorsement:

"Hazardous properties" includes radioactive, toxicor explosive properties.

"Nuclear material" means "source material", "spe-cial nuclear material" or "by-product material".

of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08

"Source material", "special nuclear material", and"by-product material" have the meanings giventhem in the Atomic Energy Act of 1954 or in anylaw amendatory thereof.

"Spent fuel" means any fuel element or fuel com-ponent, solid or liquid, which has been used or ex-posed to radiation in a "nuclear reactor".

"Waste" means any waste material (a) containing"by-product material" other than the tailings orwastes produced by the extraction or concentra-tion of uranium or thorium from any ore processedprimarily for its "source material" content, and (b)resulting from the operation by any person or or-ganization of any "nuclear facility" included underthe first two paragraphs of the definition of "nuc-lear facility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designed or usedfor (1) separating the isotopes of uranium orplutonium, (2) processing or utilizing "spentfuel", or (3) handling, processing or packag-ing "waste";

(c) Any equipment or device used for theprocessing, fabricating or alloying of "spe-cial nuclear material" if at any time the totalamount of such material in the custody ofthe "insured" at the premises where suchequipment or device is located consists ofor contains more than 25 grams of pluto-nium or uranium 233 or any combinationthereof, or more than 250 grams of uranium235;

(d) Any structure, basin, excavation, premisesor place prepared or used for the storage ordisposal of "waste";

and includes the site on which any of the foregoingis located, all operations conducted on such siteand all premises used for such operations.

"Nuclear reactor" means any apparatus designedor used to sustain nuclear fission in a self-supporting chain reaction or to contain a criticalmass of fissionable material.

"Property damage" includes all forms of radioac-tive contamination of property.

of 2 d ;D@ A[XYN[]RN\$ ;WL&$ *((/ IL 02 79 09 08

B. AJ[JP[JYQ 3. XO ]QN Cancellation 4XVVXW AXURLb4XWMR]RXW R\ JVNWMNM Kb ]QN JMMR]RXW XO ]QN OXUUX`%RWP0

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7. Number Of Days' Notice Of Cancellation:

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(1) )( MJb\ JO]N[ ]QN OR[\] ?JVNM ;W\^[NM[NLNR_N\ X^[ WX]RLN$ RO `N LJWLNU OX[WXWYJbVNW] XO Y[NVR^V1 X[

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E. EQN OXUUX`RWP J[N JMMNM JWM \^YN[\NMN JWb Y[X_R%\RXW ]X ]QN LXW][J[b0

1. Nonrenewal

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a. 6aYR[J]RXW MJ]N XO ]QN YXURLb1 X[

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2. Mailing Of Notices

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b. EQN OXUUX`RWP Y[X_R\RXW JYYURN\ `R]Q [N\YNL]]X LX_N[JPN Y[X_RMNM ^WMN[ ]QN 7J[V 4X_%N[JPN AJ[]0

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of 2 © Insurance Services Office, Inc., 2015 IL 09 85 01 15

B. Disclosure Of Federal Participation In PaymentOf Terrorism Losses

The United States Government, Department of theTreasury, will pay a share of terrorism lossesinsured under the federal program. The federalshare equals a percentage (as shown in Part II ofthe Schedule of this endorsement or in the policyDeclarations) of that portion of the amount of suchinsured losses that exceeds the applicable insurerretention. However, if aggregate insured lossesattributable to terrorist acts certified under theTerrorism Risk Insurance Act exceed $100 billionin a calendar year, the Treasury shall not makeany payment for any portion of the amount of suchlosses that exceeds $100 billion.

C. Cap On Insurer Participation In Payment OfTerrorism Losses

If aggregate insured losses attributable to terroristacts certified under the Terrorism Risk InsuranceAct exceed $100 billion in a calendar year and wehave met our insurer deductible under theTerrorism Risk Insurance Act, we shall not beliable for the payment of any portion of the amountof such losses that exceeds $100 billion, and insuch case insured losses up to that amount aresubject to pro rata allocation in accordance withprocedures established by the Secretary of theTreasury.

Sample Wesco Policy - Admitted GL · PDF fileIL-PJ-WIC 0414 877-528-7878 800 SUPERIOR AVENUE...

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Transcript of Sample Wesco Policy - Admitted GL · PDF fileIL-PJ-WIC 0414 877-528-7878 800 SUPERIOR AVENUE...