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PM 2008-13 - Certificate of Insurance - 5/22/2013
ACORQM CERTIFICATE OF LIABILITY INSURANCE 05/16/2013' PRODUCER 310.393.9477 FAX 310.393.7186 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION White & Company Insurance Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P 0 Box 70 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. --Santa-Monica; CA -90406-0070 INSURERS AFFORDING COVERAGE NAIC# INSURED DCTN3 388 Fresno, CA LLC INSURER A: Gemini Insurance Co 1000 N Western Ave, Suite 200 INSURERS: Alterra Excess & Surplus Co San Pedro, CA 90732 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DDfYY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY VCW0001134 02/19/2013 05/19/2014 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE M OCCUR MED EXP(Any one person) $ 10,000 A X $5 OK Deductible PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO A roved: (Ea accident) ALL OWNED AUTOSgp�rov *Aianges: BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS �1 ed Date BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY MAX3EC50000270 02/19/2013 05/19/2014 EACH OCCURRENCE $ 5,000,00 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 5,000,000 B $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TNI STATLI TH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERlEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS he City of Fresno, its officers, officials, employees, agents and volunteers are additional insured er form #CG2037 & CG2010 attached to the GL policy and accompanying this certificate. rimary and Non-Contributory wording applies per form #VE0358 11/08 attached to the GL policy and accompanying this certificate. THIS CERTIFICATE REPLACES AND RESCINDS PREVIOUS CERTIFICATE ISSUED Except 10 days notice of cancellation shall apply for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fresno 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, %Ken Turner BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2600 Fresno St. Room 3076 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fresno, CA 93721-3612 AUTHORIZED REPRESENTATIVE Tewanna Wade CISR/TLW ` ACORD 25(2001/08) ©ACORD CORPORATION 1988 i IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Policy Number: VCVVFOJ114 CG 20101,0'01 Insured.Name:DCTN3 338 FRI�SNO CA,LLQ` Number: WgtiyeDate: 0211912013. THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CARMUILY. ADDITIONAL-INSURED —OWNERS, LESSEES OR- CONTRACTORS-SCHED TL ED PERSON OR ORGANIZATION This endorsement modifies insurance:provided under the following: COIF MERCUL.MNE$AL LIABILITY r.0VERAOE PART PI:ODUC T VC.O.vfPLIrTED OPERATIONS I IAB1L fY C'.OVl1RAGFE PES RT SO4ED XLE Name f,'Person Or Organization: The City of Fresno, its officers,officials,employees,agents and As raq used b ` ; ttan eontract:: volunteers (If no entry appears above,. ormatidn reuirad to cotiizpiete this ei dorscmetit will be shown-m the Decl�ura?+oll�a• ►r,;plieable:to thus etidorceixtent;) ASection II :Wfio is 4n Iiisurad is dnei diM to:-inchide as ari.ifi- ri d thz per§onor or afiizafi n shor n tri t}xe Schedule;blit only with raspect.to l at�il�ty arising:out of}your pngoing operk ns:. �.erfomxed f'or.that insi�red ; )3. t'zfh n speef to,the``ttisurat�c.e afforded to these additional insureds ,the Tollowing:exclusi.on is: :added: �: E�clisi�ns:. T11ts,nGurane,'cloes:not upply to "l?odily: njuiy"ar"pronert +0mn.age" occurring:after; (I) AllWorl: nulucl ng matenals?parts or ectuipment funnslied in onnectiori with:etch workon the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insureds)at the site of the covered operations has,been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 10 01 Page 1 of 1 Policy Nwnbei•: VCWP001134 CG 20 37 10,01 Iitsitred Name: DCTN3 338 FRESNO Ok :1LL c Number: 1 1fective Date: 02/1912013 THIS ENDORSEMENT"CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OFA. CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance Provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ;SCHEDULE. Name o$PQrso�ccor aFganrzation:c . The City of Fresno,its officers,officials, employees,agents and volunteers Lbccatian And Descripiiohof%Complet6d , pe attons Percel Map 2008-13 .Additional Preriiiurn. Included. flfi no entry appeare above tnfof`rrtation,req. d to corripfete this'endorsemenwn in t e Qeclaratlons as.4,ppCieaate.tm.th"n dorse:rnent). section l} Wha 1s An Insured is amended;to include:at .:aan insured the p'erso.n or organization showtra iii:the,Sctteaule, but onty:with respect to liability arising out of"your work at.he location desi hated ar�d described in the schedule of lids endorsement performed, Fnr that Insured and,rncirdecf'rn the,"pirodugts cortifileted operations;hazard CG 20 37 10 01 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 Polic VCWP001134 VE 0358 0113 Insured Nance:DCTN3 388 FRESNO,CA LLC Number:31 Effective Date: 05/09/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this Policy remain unchanged. VE 0358 01 13 1 of I 0 DATE(MM/OD/YYYY) ,4CC>R" CERTIFICATE OF LIABILITY INSURANCE 5/14/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS - -CERTIFICATE-DOES-NOT AFFIRMATIVELY OR NEGATIVEL-Y--AMEND,--EX-T-END-OR ALTER THE COVERAGE-AFFORDED-BY THE--ROL-ICIES - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk& Insurance Services CONTACT NAME: 8105 Irvine Center Drive#400 PHONE A FAX A/C No: 4 486-7950 Irvine, CA 92618 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAiC R www.patrisk.com OG55454 INSURER A _Solden Eaale In- r INSURED INSURER B: Federal Insurance Company DCTN3 338 Fresno CA, LLC 1000 N. Western Avenue Suite 200 INSURER C: Oak River Insurance San Pedro CA 90732 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 16341879 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR AMA LIMITS LTR P GENERAL LIABILITY EACH OCCURRENCE $ Ap !roved: DAMAGE TO RENTED CCtMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ /� p CLAIMS-MADE F7 OCCUR OCCUR I roved ha S � ED EXP(Any one person) $ n + _ RSONAL&ADV INJURY $ SIL. ed -531 ito GENERAL AGGREGATE $ _ GFtTL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ I POLICY PRD- F LOC $ A AUTOMOBILE LIABILITY BA8913175 7/23/2012 7/23/2013 COMBINED SINGLE LIMIT Ea accident) $ 1,000 000 ✓ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED _ AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ $ $ B ✓ UMBRELLA LIAR r� OCCUR 79883206 7/23/2012 7/23/2013 EACH OCCURRENCE $ 15,000,0_00 ✓ EXCESS LIAB CLAIMS-MADE' AGGREGATE 5 15,000,000 DED I_ RETENTION$ $ $ 5 ---- C WORKERS COMPENSATION 2200058795-131 4/1/2013 4/1/2014 WCSTATU- TR EMPLOYERS'LIABILITY y/N ✓ 'TORY LIMITS TR ANY PROPRIETOR/PARTNER/EXECUTIVEF__] E.L.EACH ACCIDENT $ 1000 000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 I If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Rich Development Enterprises,LLC(as Management Company)as Additional Insured.30 days notice of cancellation,10 days for non-payment of premium. Re:Parcel Map 2008-13 Fresno CA The City of Fresno,its officers,officials,employees,agents and volunteers are named as Additional Insured as respects to Auto Liability per the terms and conditions of the policy.Waiver of Subrogation for Worker's Compensation attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Ken Turner ACCORDANCE WITH THE POLICY PROVISIONS. 2600 Fresno Street, Room 3076 Fresno CA 93721-3612 AUTHORIZED REPRESENTATIVE v Leonard E.Ziminsk ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) s The ACORD name and logo are registered marks of ACORD WIT NO.:certi icate CCanceRl°se andlstpersecess previously issued certificates. C01MMFRCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II -LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto"by an insured, if: (1) You are obligated to add that person, organization, trustee,estate or governmental entity as an additional insured to this policy by: (a)an expressed provision of an"insured contract", or written agreement; or (b)an expressed condition of a written permit issued to you by a governmental or public authority. (2) The"bodily injury'or"property damage"is caused by an "accident"which takes place after: (a)You executed the"insured contract"or written agreement; or (b)the permit has been issued to you. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs(2)and(4)are amended as follows: (2)Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the"Insured"at our request,including actual loss of earning up to$500 a day because of time off from work. SECTION III-PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered"auto"for each of your physical damage coverages. b. The most we will pay for"loss"in any one"accident'is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the'loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the"accident',we will also pay up to$500 per"accident'for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto"for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to'loss"caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto"that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an "auto" because of 'loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 2 of 4 If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under--this-coverage—only-that -amount- of-your—rental--reimbursement provided under paragraph 4.Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance"of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes;overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges;excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for"loss"to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio,visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c.Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the"loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered "auto";or (2)Any other electronic equipment that is: (a)Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system; or (b)An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim,Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How,when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered"auto"pursuant to the provisions of the"insured contract',written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b.is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701(01/07) Includes copyrighted material of insurance Services Offices,Inc.with its permission Page 4 of 4 Oak River Insurance Company PO Box 881236, San Francisco, C4 94188 Phone:(888)495.8949 Fax:(866)228-4613 Patriot Risk and Insurance Services, Inc. Patriot Risk and Insurance Services(Irvine) 8105 Irvine Center Drive Suite 400 Irvine, CA 92612 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED: J.W. RICH INVESTMENT COMPANY DBAs:See exgenslon page on Policy 1000 NORTH WESTERN AVE SUITE 200 SAN PEDRO,CA 90732 The following documents provide details for the following endorsement: Subro Waiver Endorsement(Blanket) WORKERS-COMPENSATION A-ND-EMPLOYERS-Lh4BILIT-Y INSURANCE POLICY -WC-99 0-4-t0A(E-dOT-07Y WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 %of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is$ISO nn Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2013 Policy No. 2200058795-131 Endorsement No. 3 Insured J.W.RICH INVESTMENT COMPANY Premium$ Insurance Company Countersigned by Oak River insurance Company WC 99 0410A (Ed 07-07) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 00 02(Ed 7.98) EXTENSION OF INFORMATION PAGE Schedule of Named Insured ITEM 1 POLICY NO. 2200058795.131 Named Insured Em 330442575 J.W.Rich Investment Company DCTN3 338 Fresno CA,LLC (Additional Named Insured) WC 04 00 02 (Ed.7.98) Alterrraa Alterra Excess & surplus Insurance Company A Stock Company, Wilmington., Delaware 9020 Stony Point Parkway, Suite 325 Richmond, VA 23235 Alterra Specialty Excess Casualty Division Commercial Excess Liability Policy POLICY NUMBER: MAX3EC50000270 Issued To DCTN3 338 Fresno CA, LLC 1000 N Western Ave, Suite 200 San Pedro CA 90732 In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. � .� President Chief Administrative Officer ASECJAC (05/11) Alterra Excess &Surplus Insurance Company , 9020 Stony,Point Parkway, Suite 325 Mterra Richmond,V. A.23285 USA A Stock Corh Pany,Wft"tbn, Delaware COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS (INCLUDING OBLIGATION TO CONTROL DEFENSE) 1 Named Insured: Policy Number- MAX31E-05.000a2M, WrN3 338 Fresno CA, LLC Renewal Of: Mailing Address: Producer Name 8.Mailing Address: 1000 N Western Ave,Suite 200 Bliss,&Glennon,Inc. Company Headquarters 435 N Pacific Coas San Pedro CA 90732 Redondo Beach CA 90,2T7 This Policy Issued by: Alterra Excess&Surplus lns.urandeGompAny 2. Coverage: EXCESS 3. Policy Period: From February 19,2.013 To—May 19,.2014 12:01 A.M. LOCAL TIME AT THE ADDRESS OF THE NAMED INSURED SHOWN ABOVE. 4. Limits of Insurance: Each Occurrence Limit: $ 5,0.00,000 Aggregate Limit(where applicable): $ 5,000,000 Premium: Policy Premium: $ 25,15.00 Terrorism Premium: $ Not Applicable Fees(where applicable) $ Not Applicable Total Shown Is Payable at Inception: $ 25,800 Audit Period: [2 Not Applicable L1 Annual El Semi-Annual El Quarterly L1 Monthly Rating Basis (if Subject to Audit) Premium Basis: - Rate: 5. Specific Excess Forms/Endorsements: Per Form Schedule ASE0003N 6. Schedule of Underlying Insurance: Per form ASE0004N Schedule of Underlying Insurance This policy is made and accepted subject to the above statements together with the provisions, stipulations and agreements in the form(s) and endorsement(s) made a part of this policy. Date Issued: 03/01/2013 J '�Wr- 4uthized Representative ASE050 (05/11) Alterra Excess & Surplus Insurance Company Page -1 of 1 COMMERCIAL EXCESS LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy and any underlying insurance carefully to determine rights, duties and what is covered and 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 an Insured under the "Underlying Insurance". The words 'we" and "us" refer to the COMPANY shown in the DECLARATIONS. Other words and phrases that appear in quotation marks have special mean-ings. Refer to Definitions (SECTION V). SECTION I—EXCESS LIABILITY INSURANCE 1. Insuring Agreement a. We will pay those sums in excess of the limits shown in Item 6 of the Declarations, Schedule of Underlying Insurance, that you become legally obligated to pay as damages because of injury to which this insurance applies, provided that the "Underlying Insurance" also applies, or would apply but for the exhaustion of its applicable Limits of Insurance. b. This insurance is subject to the same terms, conditions, agreements, exclusions and definitions as the"Underlying Insurance", except: (1) We will have no obligation under this insurance with respect to any claim or suit that is settled without our consent; and (2) With respect to any provisions to the contrary contained in this insurance. c. The amount we will pay for damages shall not exceed the Limits of Insurance stated in Item 4. of the Declarations. d. We will have the right to participate in the defense of claims or suits against you seeking damages because of injury to which this insurance may apply. We will have a duty to defend such claims or suits when the applicable limit of insurance of the "Underlying Insurance" has been exhausted by payment of judgments, settlements and any cost or expense subject to such limit. We may, at our discretion, investigate and settle any claim or suit. Our right and duty to defend end when the applicable limit shown in the Declarations has been used up by our payment of judgments or settlements. SECTION II—EXCLUSIONS The exclusions applicable to the"Underlying Insurance"also apply to this insurance. SECTION III—LIMITS OF INSURANCE 1. The Limit of Insurance shown in the Declarations as EACH OCCURRENCE is the most we will pay for damages arising out of any one occurrence or offense. 2. The Limit of Insurance shown in the Declarations as AGGREGATE WHERE APPLICABLE shall apply in the same manner as the aggregate limits shown in the SCHEDULE OF UNDERLYING INSURANCE. SECTION IV—CONDITIONS If any of the following conditions are contrary to conditions contained in the "Underlying Insurance" the provisions contained in this policy apply. 1. Appeals In the event the underlying insurer(s) elects not to appeal a judgment in excess of the limits of the "Underlying Insurance", we may elect to make such an appeal. If we so elect, we shall be liable, in addition to the applicable Limits of Insurance, for all defense expenses we incur. 2. Maintenance of"Underlying Insurance" a. You agree to maintain the "Underlying Insurance" in full force and effect during the term of this policy, and to inform us within 30 days of any replacement or material change of that "Underlying Insurance" by the same or another company. If you do not maintain the "Underlying Insurance" in full force and effect or fail to meet all conditions and warranties of such "Underlying Insurance", this policy shall apply as if those policies were available and collectible. b. Reduction or exhaustion of the aggregate limit of any "Underlying Insurance" by payments for judgments, settlements or any costs or expenses subject to that limit, will not be a failure to maintain "Underlying Insurance" in full force and effect. ASE05021�'(0NiTatement contained in this condition limits our right to cancel or not renew this poli Wage 1 of 2 For purposes of this policy, if any"Underlying Insurance"is not available or collectible because of: a. the bankruptcy or insolvency of the underlying insurer(s) providing such "Underlying Insurance"; or b. the inability or failure for any other reason of such underlying insurer(s)to comply with any of the obligations of its policy; then this policy shall apply (and amounts payable hereunder shall be determined) as if such "Underlying Insurance"were available and collectible. 3. Other Insurance This insurance is excess over any other valid and collectible insurance whether primary, excess, contingent or any other basis, except other insurance written specifically to be excess over this insurance. 4. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering advance written notice of cancellation to us. 2. We may cancel this policy by mailing or delivering written notice of cancellation to the first Named Insured at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 5. Policy Period This insurance will respond to injury or damage that occurs, or arises from an offense committed, during the Policy Period shown in the Declarations. SECTION V—DEFINITIONS 1. "Underlying Insurance" means the policies or self-insurance listed in the Schedule of Underlying Insurance, any replace-ments thereof and other policies purchased or issued for newly acquired or formed organizations. Policies purchased or issued replacements of policies or self-insurance listed in the Schedule of Underlying Insurance or for newly acquired or formed organizations shall not be more restrictive than those listed in the Schedule of Underlying Insurance. All "Under-lying Insurance"shall be maintained by you in accordance with Condition 2. of this policy. ASE0502N (05/11) Page 2 of 2 SCHEDULE SCHEDULE OF FORMS Policy Number: MAX3EC50000270 FORMS AND ENDORSMENTS THAT APPLY TO THIS POLICY FORM NUMBER TITLE&EDITION DATE ASECJAC ALTERRA SPECIALTY EXCESS LIABILITY POLICY JACKET f05-11) ASE0501N EXCESS LIABILITY DECLARATIONS (05-11) ASE0502N EXCESS LIABILITY POLICY FORM (05-11) ASE0003N SCHEDULE OF FORMS f05-11) ASE0004N_0511 SCHEDULE OF UNDERLYING INSURANCE f05-11) MANUEC-1 INSURANCE REQUIREMENT ALL WORK PERFORMED ON BEHALF OF ANY INSURED - OWNER'S INTEREST ASE0503N ABSOLUTE ASBESTOS EXCLUSION f05-11) ASE0518N DESIGNATED PREMISES OR PROJECT LIMITATION f05-11) ASE0546N EXCL OF CERT ACTS OF TERR AND OTHER NUCL BIO CHEM OR RADI ACTS f05-11) ASE0549N EXCL REAL AND PERSONAL PROPERTY CARE CUSTODY AND CONTROL f05-11) ASE0552N EXCLUSION RESIDENTIAL WORK f05-11) ASE1512N UNINSURED UNDERINSURED MOTORIST EXCLUSION (05-11) ASE1513N WAR LIABILITY EXCLUSION f05-11) ASE1515N WRAP UP EXCLUSION f05-11) ASE1523CAN CALIFORNIA CHANGES CANCELLATION AND NONRENEWAL f05-11) ASE0042CAN CALIFORNIA CHANGES SPOUSE OR REGISTERED DOMESTIC PARTNER f05-11) ASE0045N STATE FRAUD STATEMENT f05-11) ASE0068CA CALIFORNIA SERVICE OF SUIT f05-11) ASE0070CA CALIFORNIA SURPLUS LINES DISCLOSURE NOTICE f05-11) ASE0003N (05/1 1) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: -DGT-N3-338-Fresno-CA—L-L--C- -- Policy Number: This Endorsement, effective at 12:01 a.m. : MAX3EC50000270 02/19!2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company SCHEDULE OF UNDERLYING INSURANCE Type of Policy/garner Limits of Liability General Liability Carrier: Gemini Insurance Company Occurrence $1,000,000 VCWP001134 General Aggregate $2,000,000 Effective Date: 02/19/2013 Expiration Date: 05/19/2014 Products and Completed Operations $2,000,000 Aggregate Personal and Advertising Injury $2,000,000 ALL LIMITS ARE OF EACH OCCURRENCE AND IN THE AGGREGATE WHERE APPLICABLE. ASED004N (05/11) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: DCTN3 338 Fresno CA, LLC Policy Number: This Endorsement,effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By (Name of Insurance Company): Alterra Excess &Surplus Insurance Company INSURANCE REQUIREMENT ALL WORK PERFORMED ON BEHALF OF ANY INSURED - OWNER'S INTEREST This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL EXCESS LIABILITY POLICY You, as a condition of this insurance, will require by written contract that all contractors directly working on your behalf maintain insurance naming you as an additional insured, which insurance shall be evidenced by certificates of insurance maintained by you and shall include the following: 1. COMMERCIAL GENERAL LIABILITY coverage written on an 'occurrence" basis with a current policy period for limits of at least: .$1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products— completed operations aggregate 2. Umbrella or Excess Liability coverage written on an "occurrence" basis with a current policy period for limits of at least: $10,000,000 each occurrence $10,000,000 general aggregate $10,000,000 products—completed operations aggregate 3. You are included as an additional insured and such insurance, as is required by your contract and reflected by the certificate, shall be primary and not contribute with insurance provided by this policy; and shall contain terms, conditions, and coverages not more restrictive than this insurance in the context of any claim to which this insurance also applies. This insurance shall not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of"your work" performed by any contractor or sub-contractor directly on behalf of any insured, unless all of the above conditions have been met. With respect to the Commercial Excess Liability Policy, the terms"bodily injury", "property damage", "personal and advertising injury", `occurrence" and "your work' have the meaning ascribed to them in the "Underlying Insurance." ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. MANUEC-1 (08/11) Pagel of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: _ DCTN3.338_F.resno_CA,_LLC_ _ _ Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess&Surplus Insurance Company ABSOLUTE ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY This insurance does not apply to: 1. Any liability caused by, resulting from or arising out of asbestos, removal of asbestos, exposure to asbestos, or any products containing asbestos; 2. The costs of abatement, mitigation, removal or disposal of asbestos; 3. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with items 1. or 2. above; and 4. Any obligation to share damages with or repay someone else who must pay damages in connection with items 1., 2., or 3.above. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0503N (05111) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: DCTN3 338 Fresno CA,,LLC - Policy N_urnber. This Endorsement,effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS.LIABILITY POLICY SCHEDULE Premises: Project: EI Paseo Project Parcel Map 2008-13 This insurance applies only to liability arising out of: 1. The ownership, maintenance or use of the premises shown in the SCHEDULE and operations necessary or incidental to those premises; or 2. The project shown in the SCHEDULE. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0518N (05/11) Pagel of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: QC_T_N3_338 Fres__oCA,_LLC _ _ _ Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND OTHER NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOLOGICAL ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM Any liability arising, directly or indirectly, out of a "certified act of terrorism" or an "other act of terrorism". However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: 1. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 2. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 3. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. B. The following definitions are added: 1. For the purposes of this endorsement, any liability means any injury or damage covered under any Coverage Part or "underlying insurance" to which this endorsement is applicable, and includes but is not limited to bodily injury, property damage, personal and advertising injury, or injury and may be defined in any applicable Coverage Part or "underlying insurance". 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and ASE0546N (05/11) Page 1 of 2 b. The act is a violent act or an act that Is dangerous to human life, property or Infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism"means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act. Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism"or an 'other act of terrorism"that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this policy. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0546N (05/11) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: -DC--T-N 3__3313_F ries n o-CA,_LLC_ Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company EXCLUSION - REAL AND PERSONAL PROPERTY - CARE, CUSTODY AND CONTROL This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY This insurance shall not apply to property damage to: 1. Property you use, own, rent or occupy, including any costs or expenses incurred by you or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Property loaned to you; 3. Real or personal property in the care, custody or control of any insured (as respects real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, only excluding property damage to that particular part of real property on which operations are being performed, if the property damage arises out of those operations); 4. Property transported by the insured; or 5. Premises you sell, give away or abandon, if the property damage arises out of any part of those premises, and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0549N (05111) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: _DC_T_N3.338_F-resno CA,1LC Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company EXCLUSION - RESIDENTIAL WORK This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY This insurance does not apply to any liability arising out of your operations or "your work" on any "residential project'. "Residential project"shall mean apartments, single and multi family dwellings,townhouses, duplexes, condominiums or cooperatives, "mixed-use buildings",timeshares, or any other place of domicile, and shall include appurtenant structures and common areas. "Residential project" shall also include any building converted or being converted for individual or collective residential ownership. "Mixed-use buildings"shall mean structures and improvements thereto, which contain both residential units and commercial space. "Your work" and "suit'shall be as defined in the "Underlying Insurance". However, in so far as coverage is provided in the "Underlying Insurance", this exclusion does not apply to your operations or"your work" that is on or in commercial space in"mixed-use buildings". We shall have no duty or obligation to provide or pay for the investigation or defense of any loss, cost, expense, claim or "suit' excluded by this endorsement. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0552N (05/11) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: _D_CTN3 338 Fresno CA,_LLC_ Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By (Name of Insurance Company): Alterra Excess &Surplus Insurance Company UNINSURED/UNDERINSURED MOTORIST EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY This policy does not apply to any obligation imposed by law under any automobile no-fault, uninsured motorists, underinsured motorists or similar laws or statutes. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE1512N (05111) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: DCTN3 338 Fresno CA, LLC Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to SECTION II. - EXCLUSIONS: Any liability however caused,arising, directly or indirectly, out of: 1. War, including undeclared or civil war; or 2. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE1513N (05111) Page 1 of THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: _DCTN3 338 Fr_eW"GA, LLC Policy Number: This Endorsement,effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company WRAP UP EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY This insurance does not apply to any liability arising out of any project for which you are, or ever were, included as an insured under any owner-controlled, consolidated (wrap-up) insurance program or similar rating plan providing liability insurance. This exclusion applies whether or not the consolidated (wrap-up) insurance program or similar rating plan: a. Provides coverage identical to that provided by this policy; b. Has limits adequate to cover all claims; or c. Remains in effect. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE 1515N (05111) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: __DC'[N3.338_Fse_sno CA,_LLC Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02119/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company CALIFORNIA CHANGES — CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY Section IV., CONDITIONS, item 4. Cancellation, is deleted and replaced by the following: 4. Cancellation and Nonrenewal a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering advance written notice of cancellation to us. b. All Policies in Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for: (a) Nonpayment of premium; or (b) Discovery of fraud by any insured or his or her representative or you or your representative in pursuing a claim under this policy. (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. All Policies In Effect For More Than 60 Days If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued, and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by any insured or his or her representative in obtaining this insurance or you or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. ASE 1523CAN(05l11) Page 1 of 2 (4) Discovery of willful or grossly negligent acts or omissions,or of any violations of-st-a-tefllaws or regulations establishing safety standards, by you or your representative which materially increases any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were precedent to our use of particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency;or (b) Continuation of the policy coverage would place us in violation of California law or laws of the state where we are domiciled; or threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise,which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in this policy. (8) A material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies. (9) Cancellation or nonrenewal of one or more of the underlying policies where such policies are not replaced without lapse. (10)A reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on an evaluation obtained from a recognized financial rating organization. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation,to the first Named Insured, at the mailing address shown in the policy, and to the producer of record at least 10 days before the effective date if we cancel for nonpayment of premium or discovery of fraud; or 30 days before the effective date if we cancel for any other reason listed in paragraph c., above. d. When We Do Not Renew Subject to the provisions below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE1523CAN(05/11) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: DCTN3 338 Fresno CA,-LLC Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company CALIFORNIA CHANGES - SPOUSE OR REGISTERED DOMESTIC PARTNER This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL EXCESS LIABILITY POLICY Anywhere the term spouse appears in this policy, it is replaced with the phrase spouse or registered domestic partner under California law. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0042CAN(05111) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: DCTN3 338 Fresno CA, LLC _ Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company STATE FRAUD STATEMENTS FRAUD STATEMENTS - SIGNATURE REQUIRED FOR NEW YORK ONLY ARKANSAS, LOUISIANA, RHODE ISLAND, TEXAS AND WEST VIRGINIA FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an applicatio for insurance is guilty of a crime and may be subject to fines and confinement in prison. ALASKA FRAUD STATEMENT A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law. ARIZONA FRAUD STATEMENT For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties. CALIFORNIA FRAUD STATEMENT For your protection, California law requires that you be made aware of the following: Any person who knowingly presents false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. COLORADO FRAUD STATEMENT It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages.Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. DISTRICT OF COLUMBIA FRAUD STATEMENT WARNING: It is a crime to provide false, or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. ASE0045N (05/11) Page 1 of 4 FLORIDA-FRAUD-STATE ME NT Any person who knowingly and with intent to injure, defraud or deceive any insurer,files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. HAWAII FRAUD STATEMENT For your protection, Hawaii law requires you to be informed that any person who presents a fraudulent claim for payment of a loss or benefit is guilty of a crime punishable by fines or imprisonment, or both. IDAHO FRAUD STATEMENT Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony. INDIANA FRAUD STATEMENT Any person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony. KENTUCKY FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals,for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. MAINE FRAUD STATEMENT It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits. MARYLAND FRAUD STATEMENT Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. MINNESOTA FRAUD STATEMENT Any person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. NEW HAMPSHIRE FRAUD STATEMENT Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20. NEW JERSEY FRAUD STATEMENT Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. ASE0045N (05/11) Page 2 of 4 NEW MEXICO FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. OHIO FRAUD STATEMENT Any person who,with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. OKLAHOMA FRAUD STATEMENT WARNING: Any person who knowingly and with intent to injure, defraud, or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. OREGON FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. PENNSYLVANIA FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. TENNESSEE, VIRGINIA,AND WASHINGTON FRAUD STATEMENT It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. ASE0045N (05111) Page 3 of 4 SIGNATURE REQUIRED NEW Y0FRK.FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person fifes an application for insurance.or:statement.:of:claim.containing:any materially false information, or conceals.for the: purpose of misJeadrng, information concernng..any fact:material thereto, commits a fraudulent insurance:act, which is a-crime,:and shall.:a.lso:besu.bject to a axilpenalty:not to exceed Live:thousand .dollars:aR.d the stated value.:of the claim•for:each such:v.iolatidn. ....................... .................................. ........... ......................... 1 n.su red/Rp plicaritICla i mant By. (Author+zed R.ep:rese.ritative.). Secretary Title Date ALL.OTHER TERMS, CONDITIONS.AND EXCLUSIONS REMAIN UNCHANGED. ASE0045N (05111) Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: �WED 338Flesno CA, LLC Policy Number: This Endorsement, effective at 12:01 a.m. MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company SERVICE OF SUIT (CALIFORNIA) This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY It is agreed that in the event of the failure of us to pay any amount claimed to be due hereunder, we, at the request of the Insured, will submit to the jurisdiction of any Court of Competent Jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court or seek a transfer of a case to another Court as permitted by the laws of the United States or of any state in the United States, moreover, this endorsement is not an agreement that the law of a particular jurisdiction applies to any dispute under the policy. It is further agreed that service of process in such "suit" may be made upon Philip Vedell, Alterra Excess& Surplus Insurance Company, 9020 Stony Point Parkway, Suite 325, Richmond,VA 23235. In any "suit" instituted against it upon this contract, we will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named is hereby authorized and directed to accept service of process on behalf of us in any such "suit" and/or upon the Insured's request to give a written undertaking to the Insured that they will enter a general appearance upon our behalf in the event such a suit shall be instituted. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0068CA (05111) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Insured: Endorsement Number: DCTN3 338 Fresno CA, LLC Policy Number: This Endorsement, effective at 12:01 a.m. : MAX3EC50000270 02/19/2013 Issued By(Name of Insurance Company): Alterra Excess &Surplus Insurance Company IMPORTANT NOTICE CALIFORNIA SURPLUS LINES DISCLOSURE NOTICE 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR"SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE INSURERS APPROVED BY THE INSURANCE COMMISSIONER. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE:www.insurance.ca.gov, 5. FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE, AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357. 6. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. ASE0070CA (05,11) Page 1 of 1 cHUE313 Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date: JULY 23,2012 Policy,Number, 7988-32-06 Insured: JW RICH INVESTMENT CO. Description Limits Employers Liability Insurer: OAK RIVER INSURANCE COMPANY Policy No.: 2200058795 Coverage.B-Employer's Liability Policy Period: 04/01/2012 Bodily Injury By Accident to: 04/01/2013 $ 1 ,000,000. Each Accident Bodily Injury By Disease $ 1,000,000. Policy Limit $ 1,000,000. Each Employee eneral LiAiftity' ........ ommercial Insurer. GOLDEN EAGLE INSURANCE CORPORATION Policy No.: CBP8913075 $ 1 ,000,000. Each Occurrence Policy Period., 07/23/2012 $ 2,00 9,000. General Aggregate to: 07/22/2013 $ 2,000,000. Products/Completed Operations Aggregate Occurrence $ 1 ,000,000. Personal and Advertising Injury(aggregate when applicable) Gommercta� Genera, Dibilify- Insurer. GOLDEN EAGLE INSURANCE CORPORATION Policy No.: CBP8913275 $ 1,000,000, Each Occurrence Policy Period: 07/2312012 $ 2,000,OGO. General Aggregate to: 07123/2013 $ 1,0001,000. Products/Completed Operations Aggregate Occurrence $ 1,000,000. Personal and Advertising Injury(aggregate when applicable) Chubb Commercial Excess And Umbrella Insurance continued k_0 Form 07-02-0922(Rev, 7-01) Schedule Of Underlying Insurance Page 1 Chubb Commercial Excess And Umbrella Insurance Schedule Of. Underlying Insurance Effective date: JULY 23,2012 Policy Number: 7988-32-06 Insured: JX RICH INVESTMENT CO. Description Limits " ?: ::g reasxw�„extvrr.•:'�ri>sY�,'tvaa�x:�:�acw.atr,:a�:,a :xt'xxv�r� ormerciar Cenera�tab,lit'�y Insurer; CENTURY SURETY COMPANY Policy No.: CCP780548 $ .1,000,00D. Each Occurrence Policy Period: 07/23/2012 $ 2",000,000. General Aggregate to: 07/23/2013 *SEE BELOW Products/Completed Operations Aggregate Occurrence $ 1,000,000, Personal and Advertising Injury{aggregate when applicable) `PRODUCTS/COMPLETED OPERATIONS AGGREGATE �LIJt^D,I, GN.FA �utomotiiie�l�iy Insurer GOLDEN EAGLE INSURANCE CORPORATION Policy No,: BA8913175 $ 1,000,000. Each Accident Policy Period: 07/23/2012 or to: 07/23/2013 Bodily Injury Liability Each Person Each Accident Property Damage Liability Each Accident Includes owned,non-owned and hired autos "..,..cCfi .:. :. a. iiirrz�aronws i:��sEa'"ox"�5dii:" :r'•:�:.'::;;.:......"'..'.:'.i:c.:.::_.-.;- .. Authorization All other farms and conditions remain unchanged. Authorized Representative August 16,2012 Chubb Commercial Excess And Umbrella Insurance last page Farm 07-02.0922(Rev. 7-01) Schedule Of Undedying Insurance Page 2 Chubb Commercial Excess And Umbrella Insurance cr-�uBr3 Table Of Contents Section Page No. .Covera e/Excess Follow-Form Coverage A 3 ..., .,ttW:;.� 4,%:�cE�S'w'C�l. .rC"r'`...��'?:•1:�'L:i}:(::' ::.E..`?S:�:i r.. .4, n .:, .`'.5.... ....... Coverages/Umbrella Coverage B 3 ., ,.. ..... , + n.,. e.,:.v. '>f Mii:4:�vOvi+.er:i:�'::Y.,n2i.%J:h:v3rn n.?'i�:it�F':'ie..,,..e:.f��;....,.,N:...,v..el.::"+nYt: .:..:a`:`vv^.+vl'ia'v.:i,.Z'•::.:..:..:....n..�..:....\`��. Investigation, Defense And Settlements 5 Supplementary Payments 5 ....i>�;L..'�a''::...,....Ji::c::..»v:........S:i��:.,.,:....,....r.R:i:.,�<'>:....:C:i.;i�S5Fi?i.r.,..... �(x'.:`.. ...ii li. .. ......... :;.$:?; •:.::�.. �::<i:�....;i•R.�:• :.. Coverage Territory 6 Who Is An InsuredlExcess Follow-Form Coverage A 6 • is i.vv�:iin vw.;;::::.�.,i.v ... .. .,�. ...,a+. ...n.....::`,sv,..•... ...,..:::::.:ha:i-...�::.;�axh::..;•:::::>;r.�:.,•:i..%1::,a:X.rin•:c..r:..is>%?o Who is An InsuredlUmbreila.Coverage B 6 Limits Of Insurance 8 .. :.,:.. ..::.:<.::.:..a\..::::r.S.ioii;.u"w.•:i:\ ...c,fF>}.ckk<>.2�i'%�RS,,`•::•:od::>Al.:.,,�::::>::,:v.>:isSic�ts3,,.`.r..:.it:•i-.;:.'.y i,..::.:::r. When Excess Follow-Form.Coverage A Applies f0rop Down) � 10 Exclusions/Excess Follow-Form Coverage A 10 �.:,...:..v::.;m•..•;:......./a.............<,.:::..�„�:r.:.,.:.;r::..,,,,•::....r...:.:..,n.....,,..w::..:�:.,�::..,�:::::m>.;::"rko::i::� :::;a5;:i:a:`: :k2�::...�::::.,.,:.a:n...�,:::;:�::-:.:is ExclusionslUmbrella Coverage B 11 Policy Exclusions 17 ...1,.:::?:::i•i`.�1:'.\:i•Fi:\'<.i•�' Y:F.%:.\.i.:::::v 1hJ.: /:Ut..<:.n•.vy:<n'v:t�i%;:•.�v:.� ?%N...>v: . v%f:�.i:i�?:,.i':.:ii:Cy:::�:•%.'?�y:<.;;.;:�?,�:::.i::.:>::�. 'f:h,:: \ ,X?: .:\;:;!/ate {c � `.:,:/,�:;'•7`y`:... li;-�:;..;.,;,„ !.« ...0..... Conditions 19 y. ...... ,<:..�::.:... ..:...:.::.. ....:.:<ss:axNa.:,:::;F?`-�s�i;"��?s'CfCAbw:. -•--Sz )�'.`��� .... .:;ia:::isr!.�:::::`;=.::�:-.::::::::,;a: DefinitionslUmbrelia Coverage B 25 .....:...,c.. .... ..:•;��: .. ...•i:S<�X��..., ?`�,• .. rti�i:, ,;::as3�el.�.':�--..:°i?4'ti:b:.......,v'•:?�i°,�R" �%:.� �:%...... .,,...::i.�F?:,....... .... Policy Definitions 29 ;`x}t Form 07-02-0515(Rev.7-01) Contract Page f of 32 THIS PACE INTENTIONALLY LEFT BL W R Form 07-02-0815(Rev.7-01) Contract Page 2 of 32 Chubb Commercial Excess And umbrella Insurance Contraot Please read the entire policy carefully.The terms and conditions of this insurance include the various sections of this contract:Coverages:_Investigation,Defense And Seltlementsa Supplementary Payments.Coverage Territory;Who Is An Insured;Limits Of Insurance:When Excess hollow4`otm Coverage A Applies(Drop Down);Exclusions;Conditions and Definitions,as well as the Declarations and any Endorsemcttts and Schedules made a part of thk insurance. Throughout this contract(lie words"you"and"your"refer to the Named Insured shown in the Declarations and other persons or organizations.qualifying its a Nwited Insured under this,contract. The words"we,""us"anti`•out'"refer to the Company providing this insurance. In addition to the Named Insured,otherpersons or organizations may qualify as insureds."Those persons or or-anizations and the conditions under which they quality are identified in the Who Is An Insured section of this contract. Words and phrases that appear in hold print have special meanings and are defined in the Definitions section of this contract. Coverage) Subject to alt of the terms and conditions applicable to Excess Follow-Form Coverage A,we will Excess Follow—Form pay,on behalf of the insured,that part of loss to which this coverage applies,which exceeds the Coverage A applicable underlying li+nits, This coverage applies only if the triggering eve-nt that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Cif Underlying Insurance,unless a(crin or condition contained in this coverage: • difters from any tern or condition contained in the applicable underlying insurance;or • is not contained in the applicable underlying insurance. With respect to such exceptions described above,the terms and Conditions contained in this coverage will apply,to the extent that such terms and conditions providc less coverave than the terms and co ditions of the applicable underlying insuranee. This c-overuge does not apply to any-part orloss within underlying litnits,or any related costs or c::xpcnses. We have no obligation under this insurance with respcc(to any claim or suit Settled without our consent. Other than as provided under the Irrvestigation,Defense And Settlements and Supplementary Payments sections of this coutract,we have no-other obligation or liability to pay sums or perform acts or services under this covergac. Coverages/ Umbrella Coverage B Bodily InjuryAnd Suhiect to all orf the teens and conditions applicable to Umbrella Coverage I3,we will pay,on Properly Damage behalf of the insured,lass by reason of liability: Liability Coverage imposed by law;or assunied io an insured contract; Chubb Commercial Excess And Umbrella Insurance Page 3 0/32 Form 07-02-0815(Rev,7-0I) Contract Coveragesl Umbrella Coverage B Bodily Injury And For bodily Injury or property damage caused by an occurrence to which this coverage applies. ProperlyDamage Liability Coverage This covers e a'Plies only to such bodBy injury or property damage that occurs during the (continued) policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of: A, loss to which underlying insurance would apply,regardless of whether or not: 1. underlying insurance is available;and 2. the applicable underlying limits.have been exhausted; B. Joss to which underlying limits apply;or G any costs or expenses related to loss as described in paragraphs A.or B.above. We have no obligation under.this insurance with respect to any claim or suitsettled without our consent. Other than as provided under the Investigation,Defense And Settlements and Supplementary Payments sections of this contract,we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Subject to all of the terms and conditions applicable;to Umbrella Coverage B,we will pay,on Personal Injury behalf of the insured,loss beeaus.:of liability: Liability Coverage imposed by law;or • assumed in an insured contract; for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is First committed during the policy period. This coverage does not applyto any part of; A. loss to.which.underlying insurance would apply,regardless of whether or not: I, underlying insurance is available;and '2, the applicable underlying limits have been exhausted; B. loss to.which underlying limits apply;or C. any costs or expenses related to loss as described in paragraphs A.or B.above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation,Defense And Settlements and Supplementary Payments sections of this contract,we have no other obligation or liability to pay sum,or perform acts or services under this coverage. MX:M': N�4,%,'k%dlC::::�iGKKw.tY.;.;:i>;;i v?..6^�.^•;G:SAS,^,'ii"..d5�",.C.,,^'a19;K:: Ck h F.`fa YY.Bk4,tit'GFO"..'Z:iaS Y.i?f3ES ia� lrffa�^itll'dcCviciO3:dy.2;:NRdk aa)ixxzi7c�XR�4tF.D,:vd-;sir,•^,fi.;:R:: .,.�^r,^ Chubb Commotcial Excess And Umbrella Insurance Form 07.02-0815(Rev.7-01) Contract Page 4 or 32 r WO'. 1�Y ►.._.I - Chubb Commercial Excess And Umbrella insurance CHUBB investigation, Defense Subject to all of thc.terms and-eondiuonsof this insurance,we will have,the rightaxl duty to And Settlements defend die insured: • under Excess Follow--Form Coverage A,against a sunt inconnection with loss to which such coverage:ipplics,il-the applicable underlying-limiks have been exhausted by payment of judgments,settlements or related costs or expenses(if such costs or expenses reduce such limits);or under Umbrella Coverage B,against a suit to whiah such coverage applies,even if such suit is false,fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit: • to which thisinsu.rance does not apply;or • if any oilier insurerhas a duty to defend. When we have the duty to defend, we may,at our discretion, investigate any occurrence;or offense and settle any claim or suit Iii all other cases,we may,at our discretion,,participate in the investigation,defense and settlement of anynccurrence,offense,claim or suit. Our duty to delcnd any person or organization ends when we have used up the applicable Limit Of fnsuraice. .. .::::�Y.:-.. :...•;.....-n::n;mviiii:" ':'iii'.�.;?:y:.y..-h-..:::... :.,.:..:;..... .r m .. -,..:::: ..... t::::..i.`%:.::i:. :..:, ,.v:,:,.::�v..; v^;\��Ti':;,:�r:•;,v.;:;u:�i.,...::i}•:i: .v. ii'y..:.:::-.i:4:..�::•.v:.�.;�;'---.--::.... Supplementary Subject to all of the terms and conditions of this insurance,under Excess Follow-Form Coverage A Payments or Umbrella Coverage B: A. we will pay,with respect to it claim we investigate or settle,or a suit against an insured_we defend: 1. the expenses we incur. 2. the Cela of: a. hail bonds-,or b. bonds required to: (1) appeal judgments:or (2) release attachments; but only for Mind amounts within the available Limit Of Insurance.We do not have to furnish these bonds. i. reasonable expenses incurred by the insured at our request to asaist us in the investigation or defense of such chiim or suit,including actual loss of earnings up to S 1000 it day because of time off Froin work. =4. costs taxed against the insured in die suit,except any: .a. attorney fees or Iitiaation expenses;or b. other loss,cost or expense; in connection with any injunction or other equitable relief. j, prejudgment interest awarded against the insured on that part of a judgment we pay, fl,we make an offer to pay the applicable Limit Of Insurance,we will not pay any prejudgment interest based on that period of time after the offer. Chubb Commercial Excess And Umbrella Insurance RForm 07.02-0815(Rev.7-01) Contract Page 5 of 32 Supplementary 61 inter(est on the full amount of a judgment that accrues after entry.of the judgment and Payments before we have paid,offered to pay or deposited in you rt the part of the judgment that is (continued) within.the applicable Limit Of Insurance. B. Supplementary Payments dca not include any fine or other penalty. C. Supplementary Payments will;not reduce the Limits 6[111surance. Our obligation to make these payments ends when we.have used up the applicable Limit Of Insurance, Coverage Territory Excess Follow—Form With respect to Excess Follow-Form Coverages A,this insurance applies anywhere that the Coverage A applicable anderlying.insuranot,4ppties. : - �\ •'k '.`Y r.ti.r�f+'' ..:: .aEC� `..�1X1+"'Sd$ 5 ;^ <�M'F,iR+:+G �) ;+ r ;�Yi?`t.. ..,....... Umbrella Coverage 8 With respect to Umbrella Coverage B,this insurance applies anywhere. x>.=1..8G.is:aCz::G:w3Y'A'ss?k.-.:.:: -lt�o'itic0Ks5i :k:,..+%dcFA5�9:cat: is�r. Atssck`."�7:7.7AYx$ Y3ti7 �"axe:ta:: -k4smwx m;zft: Who Is An Insured! With respect to Excess Follow-Form Coverage A,the following persons and organizations quality Excess Follow—Form as insureds Coverage A the Named Insured shown in the Declarations;and other persons or organizations qualifying as an insured in underlying insurance,but not beyond(heextem of any limitation imposed under any contract or agreement. .:, ....:. :.xaro�.�.csoe:ttas:�.c�:...:.::::<::.,.�^!aaa:....�...�xh�;radzcast�cecat�ea:za�w�oa:v'�,::cs:ctuzx>r,�x.;vfit� .: :�':xmata;>:.: s�::;ai�o�.::;>:�•za«as,-;;w;:,��n•�:;�: Who Is An Insured/ With respect to Umbrella Coverage B,the following persons and organizations quality as'insureds. Umbrella Coverage B Sole Proprietorships Il'you are an individual,you and your spouse are insureds;but you and your spouse are insureds only with rcq)ect to the conduct of a business of which you are the sole owner. If you.die: s persons or organizationshaving proper temporary custody of your property aro insureds;but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed;and your legal representatives are insureds;but they are insureds only with respect to their duties as your legal representatives.Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint If you are a partnership(including a limited liability partnership)or a joint vcriturc,you are an Ventures insured.Your members,your partners and their spouses are insureds•,but they are insureds only With respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance Form 07-02-0815(Rev_7-01) Contract Page 6 o132 EJ Chubb Commercial Excess And Umbrella Insurance cHQEM Who 1s An lnsuredl Umbrella Coverage 8 (continued) Limited Liability Companies If you are a lintited liafulity cormpany,you are an insurer,Your member;anti their spouses are insureds;but they areinsureds Only with respcci-to(lie conduct of your business.Your managers are insureds;but Choy are insureds only with respect to their duties as your.irrinagers. Other Organizations If you are an org,aoization(including a processional corporation)Other th„n a partnership,joint venture or limited liability company,YOU are an insured.Your directors and officers arc insureds; but they are insureds only with respet;t to their duties as your directors of officers.Your stockholders and their spous.s arc insureds,but they are insureds only with respect to their liability as your stockholders. Employees Your employees are insureds;but they are insureds oniy for acts within the Nccipe of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you arc insureds;but they are insureds only for,acts within the scope of their.ictivitics for you and at your direction. Peal Estate Managers Persons(other than your employees)or organizations while acting as your real estate managers are insureds;but they are insureds only with respect to their clnties as your rcid estate managers. Lessors Of Equipment Persons or onlanizations from whom you lease equipment are insureds,but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contrachially obligated to provide than such insurance:its isafforded(forded by this contract. However,no such person or organization is an insured with regpccl to any: damages arising out of their sole negligence;or • occurrence that occurs,or offense that is committed,after the equipment lease ends. Lessors Of Premises Persons or organizations from whom you lease premises are insureds; but they are insureds only with respect to the ownership,maintenance or use:of that particular part of such premises leased to you and only if you fue_contractually obli-ated to provide thent with such insurance as is afforded by lhiscontract, flowever,no such person Or organization is an insured with respect to any: • damages arising exit of their stile negligence; • occurrence that Occurs,or offense that is committed,atter you cease to be a h:ntni in tile, premiscs;or • structural alteration,new,construction or demolition operaltions performed by or on behalf of them. Chubb Commercial Excess And Umbrella Insurance ,•v_• Form 07.02-0815(Rsv.7-01) contract Page 7 of 32 Who is An Insuredl Umbrella Coverage.B (continued) Subsidiary Or Newly If there,is'no other insurance available,the fallowing organizations will qualify as named insureds:. Acquired Or Formed a subsidiary organization of thrt first named insured shown in the Declarations of which,at Organizations the beginning of the policy period and at the time of loss,such first named insured controls, either directly or indirectly,more than fifty(50)percent of the interests entitled to vote generally in the election of the governing body of such organization:or • a subsidiary organization of the firstnamedinsured shown in the Declarations that such first named insuredatdyuires or forms during the policy period,if at the time of loss such first named insured controls,either directly or indirectly,-more than fifty(5(l)percent of the interests eruitled:to vote generally in the election of the governing body of such organization. Limitations On Who is An With respect to Umbrcllu Covcrage B.the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision,nopersonor organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the: 1, ownership,maintenance or use of any assets;or 2. conduct of any person or organization whose assets,business or organization; you acquire,either dlrectly:or indirectly,-for any; • bodily injury or property damage that occurred;or advertising injury or personal injury arising out of an offense:first committed; in whole or in part,before you,directly or indirectly,acquired such assets,business or organization. 'C. No person or organization is an insured with respect to the conduct of any partnership (including any limited liability partnership),joint venture or limited liability company that is not shown as a named.insured in the Declarations. PXPfr #��115Nt;:vkhQtc:�f-keP:,:c`vt�hl.i�:0Yi 9.Y2L'J.✓do.2aS���`CX"i/i "/,�L':'•:4:.:G:::ni=;oocoSbivR�Sk' '-''�'' dSi"/.cSA .�YFl.:C7:9PY.a?:+iP.'�iY2�'ii!go6>Tiiiuciai,ice>:6kot24:tidr'v:bPlb:: Limits.Of Insurance With respect to all coverages under this contract,the Limits Of Insurance shown in the Declarations And the rules below tux the,most we will pay,.regardless of the number of. • insureds; claims made or shits brought; persons or organizations making claims or bringing suits; • vehicles involved;or • coverages provided in this contract. Chubb Commercial Excess And UmbreNa Insurance Form 07--02-0875(Rev.7-01) Contract Page 8 o132 r—, icHus�. Chubb Commercial Excess. And Umbrella Insurance Limits Of Insurance The ag-reptlc.1iauts apply sepanaely to each consecutive annual period and to any remaining continued) period of icss than twelve,(T2)months(starting with the beginning Of the policy period shown in the Declarations),provided(be applicable aggregate limits in underlying insurance apply in such to inner.If the hagreoute lipt�in tmderlying insurange do not so apply,the applicable aggregate [amts of this insurance will applyto the entire policy period and not separately to any portion (whether annual or otherwise)(hereof, If the policy period is exieuded after issuance,the additionalyperiod will b,_d*emed part of the last Preceding.period for purpo.ws of determining,the L.itnits.(If f ristaranc.e. Excess Coverage Other Subject to the Each Occurrence Limii..the Excess Coverage Other Aggregate,Limit is the most we Aggregate Limit will pay Cor the sum of loss under Excess_hollow-horin Coverage A,except loss: included in the products-completed pperations hazard; • arisin,out of advertising injury or personal injury;or • otherwise covered by underiyin:;insurance,but to which no aggregate limit in such underlying insurance applies. The I xt ess Coverages t7tfter:Aggregate Limit will apply separately to loss in enc same manner is each rlggrcgtate limit so applies in each coverage or policy described is the Schedule Of Undedying Insurance. Umbrella Coverages Subject to the teach Occurrence Limit,the Umbrella Coverage.,A gregate Limit is rhe most we Aggregate Limit will pay.for the sum of loss under Umbrella Coverages,except loss: • included in the piruducts-completed operations hazard;,or • arising out-of advertising injury or personal injury. Products—Completed Subject to the Each occurrence Limit,the Product-s:-Completed Operations Aggregate;Limit is the Operations Aggregate Limit most we wilt pay for the sum of loss included in the products-completed operations hazard,even it such loss is or otherwise would be covered in whole or in under more tlnan one coventge. Advertising Injury And The Advertising injury And Personal Injury Aggregate Limit is the most we will pay for the sum of Personal Injury Aggregate loss for advertising injury and personal injury,even if such loss is or otherwise would be covered in Limit whole or in part under more than one coverage. Each Occurrence Limit Thc.Each Occurrence.Limit is the most we will pay for the sum of toss arising out 01'any one occurrence,even if such lyss is or otherwisc would be covered in whole or in part under niore than one coverage. Any amount paid for loss will reduce the arnount or the applicable aggregate Bout',acailable ic)r anv other payment. If the applicable aggroate linvt hats been reduced to a❑ttaxaonnt that is Ices than the trach Occurrence Limit,the remaining arnount of such aggregate lianit is the most that will be available for any other payment. ;t Chubb Commercial Excess And Umbrella Insurance rvr t Form 07.02-0815(Rev.7-01) Contract Page 9 o182 t i Whe!l Excess Subject to all of the terms'and conditions of this insurance,with respect to Excess Follow-Form Follow.Form Coverage.A.if the applicable underlying limits are: Coverage A Applies reduced by payment of judgments„settlements or related costs or expenses(if such costs or (SAA Down) expenses°reduce such limits),Excess Fallow-Form Coverage A will drop down to apply in excess of the remaining amount.of the-applicable underlying limits:or exhausted bypaymentof judgments,settlements.or related costs or expenses(if such costs or expenses reduce such limits),Excess Follow-Form Coverrage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. #�'.�"��.".�F:`•:,?"'..::':>::Xk�:7•:,�K �.,2`x'4$�ic�7.i3i£S�ioi?�14u' :Y o?.��'.3�*F#tC �iii�.-��fr.Y.ER�'::�;:�i:'.?is�E;r Exclosionsl With respect tol xcea-s'Follow-Form Coverage A,the following exclusions apply. Excess Follow-Form Coverage A Pollution A. 'Chis"insurance does not apply to any liability or toss,cost or expense arising out of the actual,alleged or.threatened discharge,dispersal,seepage,migration,release or escape of lxillutants,other than as described in paragraph C.below. B. Paragraph A.,above does not apply to; 1. bodily injury or property damage included in the products-completed operations Ward: 2. bodily injury or property damage: a. caused by the escape of operating fluids which are needed to perform the normal electrical,hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts: b. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building,in connection with operations being performed by you or on your behalf by a contractor or subcontractor;or c: resulting from your other ongoing contracting operations; 3. bodily injury if sustained within:a building and caused by the escape of gascous irritants or contaminants from equipment used to haat that building; .4. bodily injury or property damage caused by heat,smoke•or fumes from a hostile fire; or 5. bodily injury or property damage resulting from the ownership,maintenance or use of an auto. C. This insurance does not apply to any liability or toss,cost or expense arising out of the actual,alleged or threatened discharge,dispersal,seepage,migration,release or escape of pollutants: I. which are or were at any time transported,handled,stored,disposed of,processed or treated as waste by or for any: a, insured-,or b. person or organization for whom any insured may be legally responsible. 2. at or from any premises,site or location: a. which is or was at any time used by or for any insured or others for the handling,storage,disposal,processing or treatment of waste;or Chubb Commercial Excess And Umbrella Insurance Form 07-02-0815,Rev.7-01) Conrad Page 10 df 32 - Chubb Commercial Excess And Umbrella Insurance GHWBE Exclusions/ Excess Follow-Form Coverage A Pollution b. on which any insured or arty contractor or subcontractor working directly or (continued) indirectly on any insured';behalf is performing operations,if the operations are to lest Cori munitor,C'leatn up,remove,contain,treat,deloxil4 or neutralize, or in any way respoSnd to,or assess the effects of pollutants. D. This insurance does not apply to any toss,cost or expense arising out or any: 1, request,demand,order,or-regulatory or statutory requirement that-amyinsured or others test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way:resportd tq,or assess the effects of pollntunts;or 2. claim or proccseding by Or on behall of any:governmental authority or others.tor damages because of testing for,monitoring,cleaning up,removing,containing, 'treating,detoxifying or neutralizing,or in:any.way responding to,or assessing the effects of pollutants. Paragraph D,uhove.does not apply to the liability for damages, for property dumagc,that the insured would have in the absence of such request,demand,order or re'oulatory or mututory requirement,or such claire orproceedingby or on behalf ul•a gQvernnteni ll authority. This exclusion applies regardless of whether or not.the.pollution was accidental,expected,gradual, intended,preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss,cost or expense for which the liability or Insurance oblif.;ation tinder underlying insurance is by law unlimited. Underlying Insurance Notwithstanding anything to the contrary set forth in any other provision of this contract,this Exclusions insurance does not apply to any liiabilit,y or loss,cost or expense.to which the terms and conditions of underlying insurance do not apply, .:.....:.,......... .... ...n.......:.:......::.... tr::. ....�iS.r..C `e,.,\,.,5'..,.5.%.J`�., ::::�f:<aSylh`�...,...`'t.�it .":,.;:::xs,,.�`2£`.,�ac'�..a�'c`c.' {S�l:C.•:::;Ai.'••`isi:'..�>i,:• ;;:zi>r�JSiii;zt:'£2:::�'';�;5:::'r:a:;a:: FXclusionsl With respect to Umbrella Coverage l3,Bodily Injury AndProperty Dw-naoc Liability Coverage,the Umbrella Coverage B following cxciusionsapply. Bodily Injury Property Damage Aircraft.- Owned Or Rented '`his insurance dues not apply to badily> injury or property daruage arishio out of the ownership, Without Crew maintenance,use(use-includes operition and liridinb nr unluadin;)or entrustment to others of any aircraft owned or open tcd by or lukuied or rented to any"ensured. This exclusion does not apply to an aircraft that is:. loaned or rented to you with Ya paid,trained crew;and not owned,iu whole or in part,by any insured. Chubb Commercial Excess And Umbrella Insurance Form 07-02-0815(Rev.7-01) Contract Page 11 o132 E010sions Umbrella Coverage 8 Bodily Injury/ Property Damage (continued) Autos:U.S.A., Canada Or This insurance does not apply to bodily injury or property damage arising out of the ownership, Puerto Rico maintenance,use.(use includes operation and loading or unloading)or entrustment to others of any auto owned or operated by-or loaned or rented to any insured, "M4 exclusion does not apply to bodily injury or property damage caused by an occurrence that .takes place outside of the United States of America(including.its possessions or territories),Canada and Puerto.Rico. Damage To Impaired This insurance doesnoi apply to property damage to: Property Or Property Not Physically Injured impaired property;or property that has not beco physically.injured; arising out of any: • defect,tieficlency,inadequacy or dangerous condition in your product or-your work,or • delay or failure by you or anyone acting on your behalf to perfom a contract or agreementin accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sodden and accidental physical injury to your product or your work after it has been put to its intended use. M., MMMW Damage To Insureds This insurance does not apply to property damage to any property: Property • awned by you;or of any insured,that is in the care,control or custody of any other immred. ';. y ...x.. .. ......;.: .Cd�a?':.x -- - #f:�:.. "a.9:a'c47�'rd+'fii{�:i9A3�• //r• .... .. ..,D.a k .. '?4.: . Damage To Your'Product This insurance does not apply to property damage to your product arising out of it or any part of Damage To Your Work Or This insurance does not apply to property damage to: Related Property • your work arising out of it or any part of it: that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations,if the property damage arises out of those operatior.,;or that particular part of any property that must be restoredi repaired or replaced hacause your work was incorrectly performed on it. Chubb Commercial Excess And Umbrella Insurance Form 07.02-0815(Rev,7-01) Contract Page 12 of 32 ffii r Chubb Commercial Excess And Umbrella Insurance a, Hl1BH — — -- Exclusions/ Umbrella Coverage B' Bodily Injury/ Property Damage (continued) Expected Or Intended This.inwrntice flocs nol.apply t6 birdily injury or pro.perty damage arising out of an tut that: Injury is inacn€leij by the insured;os • would be expected from the,standpoint of a reasonable person in the circumstances of the insured; tocause bodily injury or prpperty damage,even if the,actual bodily injury or property daniage is of a different degree car type than iatendi t or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of .reasonable force(06protect persons or tangible property. Loss In-Progress This insurance docs not apply to bodily injury or property damage that is a change,continuation or resumption of any bodily injury or.property danrage known by you,prior to the beginning of the policy period,,to have occurred, Bodily injury or property damage will be deemed to be known by you: A. if such injury or damage is known by,or should have been known from the standpoint of a reasonable person in the eircumstances of: 1, you; 2. any of your directors:managers,members,officers(or their designees)or partners (whether or not anemployee);and B. when any person described in paragraph A-above: 1. reports ail,or any part,of any such injury or damage to us or any other insurer-, 2. receives it claim or a demand for damages because of any such injury.or damage;or 3. beconics aware that any such injury or damage has occurred or has begun to occur. Watercraft: Owned This insurance does not apply to hadily injury or property danrage arising out of the ownership, maintenance,use(use includes operation aad loading or unloading)or entrustment to others of any watercraft owned'or operated by or loaned or rented-.to any insured. This exclusion does riot apply to a watercraft: while ashore on premises owned by or rented to you;lir khat is not»wucd,in whole Grin past,by any insured. ;:. :.: ::�ti:;::,• ::.: r rt Chubb Commercial Excess And Umbrella Insurance Form 07.02-O815(Rev.7-01) Contract Page 13 0192 Zx—c Fus—lonsl with respect td.Umbrella Coverage.1,Advertising Injury And Personal injury.Liability Coverage, Umbrella Coverage 8 the following exclusions I apply. Advert[Singh7jur Personal Injury Breach Of Contract This insurance does notapply loadvertising injury or personal injury arising out of breach of contract... Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that put of an offense that continues or resumes after the later of the end of the policy period of. A. this,insumnce;or a subsequent, U ,quept.conLinuo s renewal or replacement of this insurance,that. 1. is issued to you by us or by an affiliate of ours*, 2. remains in force while the offense continues;and 3, would otherwise apply ta.adverfising injury and personal injury. ............ .......... Crime Or Fraud This insurance does,not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured, Expected Or Intended This insurance does not apply to Advertising injury or personal injury arising out of an offense, Injury committed by or behatf of the insured,that: • is intended by such insured;or • would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause irJury. Failure To Conform To This insurance does not apply to advertising injury or personalJojury arising out of the failurc,of Representations Of goods,products or services to conform with any electronic,oral,written or other representation or Warranties warranty of durability,fitness,performance.quality or use, Internet Activities This insurance does not apply to advertising injury or personal injury arising,out of., • controlling, g or developing designing creating, of another's Internet site; t� 0. 0 • controlling,creating designing,developing,determining or providing the content or material W of another's Internet site-, 0 controlling,facilitating or providing,or failing to control,facilitate or provide,access to the 0 0 0 Internet or another's Internet site,or publication of content or material on or from the Internet,other than material developr4 by you or at your direction. Prior Offenses This insurance docs not,apply to advertising injury or personal injury arising out of any offense First committed before the beoinning of the policy period. -Chubb Cmmarcral Excess And Umbrella Insurance Form 07-02-0815(R&V,701) contractPaga 14 of 02 Chubb Commercial Excess And Umbrella insurance CHUEM — Exclusionsl Umbrella Coverage B Advertising Injury/ Personal Injury (continued) Publications With This insuranc4;doxs not apply to-advertising injury or personal injury arising out of any Knowledge Of Falsity clectronkti,oral,written or other publication of niaterial.hy or with the cs>tisentof theii►sared; • with knowledgc:of its falsity;for • if a reasonable;person.in the circumstances of suchSmmred would have known such material to he false. Wrong Description Of •.Chis insurtncc dales not apply to advertising injury kir personal injury arising out of the wrong Prices description of the price of roods,products or scrvices. FxClusionsl With respect u)Umbrella Coverage R, Bodily Injury And Property Dainage Liability Coverage and Umbrella Coverage B Advertising Injury And Personal Injury Liability('overage,the following exclusions apply. Bodily Injuryl Property Damagel Advertising Injuryl Personal Injury Employee Or Worker Injury A. TNs insurance does not apply to bodily injury,property damage,advertising injury or personal injury-sustained,by ata employee or temporary worker of the insured arising out of and in the course of. 1. employment by the-insured;or 2. performing duties related to the conduct of the insureds business. I3. TIiis insurance dour not apply la bodilyinjury,_property damage;'personal injury or advertising injurysustained bythe brother,child,parent,sister or spouse ofsuch injured person,a,a coaseyuence of any injury or damage described in paragraph A.above. This exclusion applies; • whether the insured may he liable as kin employer or in any other capacity;and • to any obligation to share damages�nrith or repay someone else who must piny damages because of any'injury.Ar damago described in parkeraphs A.or B-above. Enhancement This insurance does not apply to any:loss costor expense incurred by you or others lir any: Maintenance Or Prevention Expenses �• enhancement ormaiiuenarice of gray property;or '13. prevention of any injury or damage to any: 1. person or organization;or 2. property.you awn,rent or occupy. Chubb Commercial Excess And Umbrella Insurance ,•v,a Form 07-02-0815(Rev.7-01) Contract Page 15 of 32 �XGIuslons Umbrella Coverage B $tidily injury/ Property Damagel Advertising Injury/ Personal Injury (continued) Intellectual Property Laws This insurance docs not apply to any actual or alleged:Bodily injury,property damage, Or Rights advertising injury or personal in jury arising out of,giving rise to or in anyway related,to any .actual or.alleged: assertion;or ,. infringement or violation; by any person or organization(including any insured)of any intellectual property law or right, regardless of whether this insurance would otherwise apply to all or pari of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion,infringement or violation. This exclusion applies,unlca,suchinjury: is caused by an offenw describedan the:definition ofadveortidng injury;and does not arise out of,give rise to or in any way relate to any actual or alleged assertion, infringcment or violation of any intellectual property law or right,other than one .described in the definition of advertising injury. Pollution A, This insurance does not apply to bodily injury,property damage,advertising injury or personal injury arising out of the actual,alleged or threatened discharge,dispersal,seepage, migration.release or escape of pollutants. B. This insurance does not apply to any loss,cost or expense arising out of any: 1, request,demand,order or regulatory or statutory requirement that any insured or others test for,monitor,clean up,remove,contain,treat,detoxiry or neutralize,or in any way respond to,orassess the effects of pollutants;or 2. dlaim 6r proceeding by or on behalf of a governmental authority or others for-damages because of testing for,monitoring,cleaning up,removin&containing,treating, detoxifying or neutralizing,or in any way responding to,or assessing the effects of pollutants. This exclusion applies regardless-of whether or not the pollution was accidental,expected,gradual, intended,preventable of sudden, i..,�� -T' 'Sz�afKfNi#��"'`SiS'.�a'f'7E.:...... .. "r3`r.:'n>.'.. .:�rr,.e'K .,.,.,..,..,,�f•..,•%#ta�:���x`��;s .44?'aen"LY"�.: Recall Of Products, Work This insurance does not apply to damages claimed for any loss,cost or expense incurred by you or Or Impaired Prope* others for the loss of use,withdrawal,recall,inspection,repair,replacement,adjustment,removal or.disposal of: • your product; your work;or impaired property; Chubb Commercial Excess And Umbrella Insurance Form 07-02.0815(Rev.7woi) Contract Page f6 of 32 CHUBs Chubb Commerciaal Excess And Umbrella Insurance Exclusions/ Umbrella Coverage B Bodily Injury/ Property Damage% Advertising In jury/ Personal Injury Pecall.Cf Productsi Work if such product,work or property iswithdrawn'or recalled.from the market or from use by ally -Or Impaired Property person or organization because ot.a lmowwor suspected.detect;deficiency,inadequacy or (eontiinued) dangewus condition in it. ..•... � ...:.F,• C ....,...: ..,..to.:r::.�....:,:a•'J.?.r.0:. :::�....u,•.Srr:•r.-!.•::o.-...h..,.....,.....U.,,....:--i.;`t:,-........,::.,..--..—�'li :Policy Exclusions With respect to all coveraoes under contract,the fallowing ex4lusions apply.`" Asbestos A. This insurance dors not apply to any liability or loss,cost Or expense arising out of the actual,alleged or thrc aiencd contan7inative,pathogenic,taxic.Or Other,hazardous properties Of ashestos. B. This insurance does not apply t6,any kiss,cost or exltensc arising out of any: 1. request,demaatd,order or regulatory or statutory requirement that any insured or others test for,monitor,clean up,remove,contain,.treat,detoxify or nc.utralize,or in any way res.pond to-or assess the effects of asbestos;or 2. claim or proceeding by or on behalf of it governmental authority or others for damages beausc of testing for,monitoring,cleaning up,removing,containing,treating, detoxifying or neutralizing,or itt any way responding to,or assessing the effects of asbestos. Coverages/Laws, Various This insurance does not apply to any lability or loss,cost or expense or obligation Of any insured under any: • medical expenses or.payments coverage; no-fault law; • personal injury protection coverage; • underiusured,or uninsureda3nancial responsibility law; • workers'conipensation,disability benefits or unemployment compensation law;or • similar Covera"'L,or law. _. - Employee Retirement This insurance dues not appfy to any liability or loss,cost orLYPense or obligation oCany insured Income Security Laws under the United States of America Employees'Retirement Income Security Act(E.R.I,S.A,)of 1974 or any sinUur law,as nowconstituted or hereafter aniended, Employment-Related A. Phis insurstnce does not apply to any liability or los,,cost or expense in Connection with any Practices damages sustained at any time by any person, whether or not sustained in the course of emplgyment-by any insured,:arisi'ng out of any employment-related act,oiWssion,policy, practice or representation directed at such person,occurring in whole or in part at arty brae, including?tiny: 1. arrest,detention or imprisonment; Chubb Commercial Excess And Umbrella Insurance Form 07-02-0815(Rev.7-01) Contract Page 17 of 32 Policy Exclusions Employment-Belated 2. breach of any,express or'implied covenant; Practices 3_ coercion,criticism,humiliation,prosecution or7ctaliation; (continued) :4. defaiinafon or disparagement; 5. -demotion,discipline;evaluation or reassignment; 6. discrimination,harassment or segregation; 7, a. eviction;or b: invasion or other violation of any right of occupancy; 8. failure or refusal to advance,compensate,employ or promote; 9. invasion or other violation of any right of privacy or,publicity; 10. termination of employment;or .t1. other employment-related act,omission,policy,practice,representation or relationship in connection with any insured at any time. B. This insurance docs not apply to any liability or IOSS,cost or expense in connection with any damages sustained at any time by the brother,chi Id,parent,sister or spouse of such person at whom any employment-related act,oruission,policy,practice or representation is directed,as described in paragraph A.above,as a consequence thereof. This exclusion applies: • whether the insured may be liable as an employer or in any other capacity;and • to any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. Nuclear Energy A. This insurance does not apply to any liability or loss,cost or expense: 1. with respect to which any insured under this policy also has status as an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association,Mutual Atomic Energy Liability Underwriters,Nuclear Insurance Association of Canada or any of their successors,or would have had status as ari insured under any such policy but for its termination upon exhaustion of its limit of insurance,or 2, arising out of the nuclear hazardous properties.of nuclear material and with respect to which. a. any person or organization is required to maintain flnanciai protection._pursuant to the United..Statcs.of America Atomic Energy Act of 1954,or any law amendatory thereof,or b, the insured is,or had this policy not been issued would be,entitled to indemnity from the United States of America,or any agency thereof,under any agreement entered into by the United States of America,or any agency thereof, with any person or organization. B. This insurance does.not apply to any liability or loss,cost or expense arising out of the nuclear hazardous properties of nuclear material: I, if the nuclear material: a. is at any nuclear facility owned by,or operated by or on behalf of,any insured; Chubb Commercial Excess And Umbrella Insurance Form 07-02-0815(Rev.7-01) Contract Page 18 0132 cwuBs Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy b, has been tlischargul or dispersed therefrom or is contained ire tzttc��-r spent ("continued) fuel or nuclear waste al any time transported,handled,stored,disposed of, processed,treated,posSs SSed or used by or on behalhol•any insnrred,or 2. in any way related to the furnishing by any insured of services,materials,parts or equipment in connection with the planning,construction,maintenance,Operation or use of any huefear.>seility._But arch facility is located within the iluited State;Of America(including its possessions or territories)or Canada,this subparagraph 2, applies only to nuclear property dainage to such nuclear facility and any property thereat. s;x•>: :cam, ••z; Conditions With respect to all coveragcs-under this contract,the followit12 conditions apply, Appeals We may,at our discretion„initiarte or participate in an appeal of a judgment,if such judgment may result in a payment tinder this insurance. If we inipate orpartici pate:in an appeal;we will pay our costs of the appeal, Bili in no case will the amount we pay for loss exceed the Lintits Of Insurance. Audit Of Books And We may audit Your books and records as they relate to this insurance at any time during the turn of Records this policy and up to three years afterwards. Bankruptcy 13ankruptcy or insolvency of the insured or of the insureds estate will not relieve us of our Obligations under this insurance. .... Cancellation The first named insured may cancel this policy or any of its individual cove,-razzes ut any time by sending us a wriucn request or by returning the policy and stttti.ug when thereafter:cancellat.ion is to rake effect. We-rnay cauicel this policy or any of its individual.covcratgcs at any time by sending to the first named'insured a notice sixty(60)days,twenty(20)days in the event of non-paymeut of premium, in advance of the uncellattiondate,Cour notice of cancellation will be mailed to the first earned insured',-last kiwwn address and will indicate the(late on which coxertge is terminated, if notice of cancellation is nailbed,proof of mailing will he sufficient proal of llotica. The earned preniiian will be conaputod on a fro rata basis. Any unearned.premium will be returned as soon as practieay.le. Changes This policy can only be changed by a written endorsement that becomes part of this policy.The endorsement must be Mgned'by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this poli,-;y unless you and any other involved insured have fully complied with all of the terms arid conditions of the policy. Chubb Commercial Excess And Umbrella Insurance i ;•t Form 07-02-0815(Rev. 7-01) Contract Page 19 of 32 Conditions {coftGntle.�) Conformance Any terms of this insurande which are in conflict with the applicable statutes of the State in which this policy is issued.are amended to conform.to such statutes.. .. .. ... .. ..........�:��, °'�':sem.,.�4.>iu'!c::.�rrs;;:era'�'.^<,>�...::�ii5�,:�.: ";':r�xx' KGteat ..' .•�'�`3�r:nveosa.•Msa�n.,�,c`�;e•�,m�?38 -0: Disclosures And We have issued this insurance: representations Based upon representations you made to us;and in reliance upon your representatives. Unintentional failure;of an employee of the insured to disclose a hazard or other material information will nit violate this condition,unless an offi,;er('whether or not an employee)of any insured or an officer's designee knows about such hazard or other material info rmaUon. ... +ay-•;"<.ay.:y. .'y-:: ::f':: .Fk. :1::� ... ... .:: f.:irti'.. -.. iY... .i. i•L•...ri/.� .�1'=�.'�C.. ..f.}/•� i`,{.�). .�.. ..,,y/./�trh�'. Duties In The Event Qf A. You must see to it that we and any insurers of underlying insurance are notified pis soon as Occurrence, Offense, practicable of any occurrence or offense that may result in a claim,if the claim may involve Claim Or Suit us,or other insurers,To the extent possible,notice should include: 1. how,when and where die occurrence or offense happened; 2. the names and addresses of any injured persons and witnesses;and 3, the nature and location of any injury or damage arising out of the occurrence or offense. Notice of aft occurrence;or offense is not notice of a claim. B. if a claim is made or suit is brought against any insured,you must: 1. immediately record the specifics of the claim or suit and the date received; 2. notify us and any other insurers as soon as practicable;and 3. see to it that we receive written notice of the claim or suit as soon as practicable. C. You and.any other-involved insured must:. 1. immediately send us copies of any demands,notices,summonses or legal papers received in connection with the claim or suit; 2. authorize us to obtain records and other information; 3. cooperate with us and any other insurers in the: a. investigation or settlement of the claim;or Ex. defense.against the-suit;and 4. assist us,upon our request,in the enforcement of.any right against any person or organization which may be liable to the iasured.because of loss to which this insurance may also apply. D_ Pio insureds will,except at that insured's own cost,make any payment,assume any obligation or incur any expense without our consent. E: Notice;.give:n..by or on behalf of: I, the inmred; Chubb Commercial Excess And Umbraka insurance Form 07-02-OVS(Rev.7-01) carnhbact Page 20 of 32 criusB Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Evert Of 2. the injur'd,person-,of Occurrence, Offense, ; any other elaimart Claim Or Suit ,(continued) to a,licensed aclent'of.ours.withparticulars sufficient to identify the insuredshat)be deemed notice to us. F, Knowlyd<oe of tm.occurrence or offense by anagcm or employce of the insured will not constitute knowledge by the insured,unless an officer(whether or not an employee)of any insurod pr art officer's designee,knows about such occurrence or offl:nsc, Ci. Failure of an agent or errnptoyee of the insured,ot�ier than an officer(whether or not an employee)of any'.insured orae officer's designee,to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. H. If a claim or loss does.not.reasonably appear to involve either this insurance or any underlyina insaranct,hut,it later develops into a claim or loss to which this insurance applies,the failure to report it to us will not violate this condition,provided the insured gives us intntedia.te notice as soon as the insured is aware that this insurance may apply to such claim or doss. First Named Insured The person or organizabon lint named in the Declarations is primarily responsible for payment of all premiums.T•he first named insured willact on behalf of all other named insureds For the diving and receivin of uotii ai of cancellation or noorenewal and the receiving of any return premiums that. become payable udder this.policy. Inspections And Surveys We may: make inspections and surveys at any time; five you reports on the conditions we find:and • recommend changes. Any inspections,surveys,reports or.rccomrnendations relate only to insurability and the premiums to he charged.'We cin not make safety iaispections.We do not undertake to pertt)rm the duty.of any person or organization to provide for the health or safety of worker;or the public.And we do not warrant that conditions: are sate or heattltful;or • comply with haws,regulations,codes or standards. This condition applies,not only to tts,but also to any radng,advisory,rate service or similar organization,which makes insurance inspections,surveys,reports or rwminiendations for us. Joint Duties In Non- With respect to all occurrence,offense,claim or suit,to which this insurance applies,that arises in a Admitted Jurisdictions non-admitted jurWiiction: A. we have no duty to.de,fcnd.any person or organization against any claim or suit;but we may, at our discva tion;,ussu=ate:control of or par(icipuw in tray investigation,defense,settlement or recovery proceedings, It. you and any other insured must: Chubb Commercial Excess And Umbrella Insurance i;vw Form 07-02-0815(FRev.'7-07) Contract Page 21 of 32 '(rondl t/Of1S Joint Duties In Mon- 1; make such investigation,defense or settlement as.wi;deem reasonable; Admitted Jurisdictions. :(continued) 2, obtain our approval for any payment;and 3. effect approved payments to others,in accordance with the tennis and Conditions of thisinsurance. C. we will'reimburse funds to the.insured for'payments approved by us for: L, loss,and. 1. expenses and!other payments; to which this insurance applies. �. we will make those reirrbursew=ts: 1, in a jurisdiction that is mutually acceptable;and 2, until we have usedup the applicable Limits Of Insurance. .... ... .-....... .`!';.!. _ -. '.','-y-:.,r.,.,. ,:._.r,,.,,, _. ..^'^-'-',,'- .. _< wap. .f,•`.. ....:..!Y.G3,.1 .. n ,., ,•:.,-., ....:..-....:rn�n.�:•... ..`.?.. :;>'.t;;f9;;S:.`F'i2�.,.;... w 1, -:•Fk.vl�4Z _>:"•f�. Legal Action Agairrst Us No person or oraanization has a right under this insurance to: • join us as a party or otherwise bring us into a suit seeking damages from an insured;or • sue us on this insurance unless all of the terms and conditions of this insurance have been fully Complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual: trial in a civil proceeding;or arbitration or.other alternative dispute resolution proceeding; but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that art in excess of the applicable Limits Of Insurance. Maintenance Of Underlying We have issued this insurance in rcliarx:c.upon representations made by you about underlying Insurance And Underlying insurance and underlying limits.You must see to it that: Limits underlying;insurance is and remains valid and in full force and effect, underlying insurance will not be cancelled,non-renewed or rescinded without replacement by coverage to which we agree. • the term~and Conditions of underlying insurance will not materially change,unless we Agree otherwise. the terms and conditions of.renewals or replacements of underlying insurance,shown in the Schedule Of Underlying Insurance,will be materially the same as the prior'coveragt;unless we agree otherwise. • the underlying limits are and remain available,regardless of any bankruptcy,insolvency or other financial impairment of any insurer or any other person or organization. • the underlying limits,shown in the Schedule Of Underlying Insurance,will not be reduced or exhausted,except for the reduction or exhaustion by payment of judgments,settlements or related costs-or expenses(if such costs or expenses reduce such limits). Chubb Commercial Excess And.Umbrefra Insurance Form 07-02.0815(Rev.7 Of) Ccn&act Page 22 Of 32 --� Chubb Commercial Excess And Umbrella Insurance c rHuBJ3 Conditions Maintenance Of Underlying railure to c,fnnply'with(his condition wlll.:rrot invalidate,.this insurance.But in(he caW of any such Insurance And Undarlying failure,our obligation or liability wi It not exec od that,which would have applied absent any failure Limits krcompLy With thisCondi.tion. (continued) You must notify us as soon.asPrackable if any.underlying insurance is no longer valid or in Cul] coral;or effect. Other Insurance ft other valid itnd collectible irisuranct zs available to the insured for loss we would otherwise cover under,this-iusuraftce,our of libations tare limited as follows. `This insurance is excess over any other insurance,whether primary,excess,contingent or on any other basis. We will have no duty to defend thcansured against any suit if any provider of any other insurance has a duty to defend such insured a'-.d such suit. We will pay only our share of the amount of loss,if any, that exceeds the sum of the total: • amount that at[other insurance would pay for loss in the absence of this insnr�ancc;and • of all deductible and self-insured announts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance, Separation Of Insureds Except with respect to the Limits Of Insurance,and any rights or duties specif ically assioned in this insurance io the first named insured,this insurance applies: as if each named insured were the only named insured;and • separately to each insured-against whom ciahn is m lc or suit is broughi. .:, ,:.. .r^:-\`�Pa:w� -"moi,..._.•; ";::, y--a.r,ii�i.t� 'u,� .. _ .. ._ .. ... ....... Titles Of Paragraphs The tilos of the Various pm.;raplis of this policy and e idorsernurts,if any,attached to this,policy are inserted solely for convenience air reference and are not to be,deemed in any way to limit or affect the provisions to which they-relate. _. Transfer Of Rights And Your rights and duties wider this insurance tnaynot be transferred without our written consent. Duties however,if you rlie,then your rights and duties will be transferred to your legal representative,but. only while acting within the scope of duties a,your legal representative,o�r to anyone having temporary custody of y urproperty until your legal representative has been appointed. Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against anotherper-son or Bights Of Recovery organi2ati0u for kiss to which this insurance applies.provided the insured has NvraivCd their rights Against Others of recovery against such person or:or-a nization in a contract-or a,reernient that is executed before loss. Tu the extent that[tie insured's rights to recover all or part of any payment..madewider this insurance have norbeen waived,those rights are transferred to us.The insured must-do nothiuc atter hiss to impair thorn,At our request,the insured will brie suit or transfer those right,to us and help u+onforce them. Chubb Commercial Excess And Umbrella insurance v;viw Form 07.02-0815(Rev. 7-01) Contract Page 23 of 32 Condi-ons Transfer Or Waiver Of Any amount recovered will be apportioned as follows: Rights Of Recovery first,we shall receive~all amounts[wcowred until we have;been fully reimburw'd'for all Against Others amounts we have incurred;including,costs or expenses of auch recoveryProceedin s (continued) Then, you are entitledlo claim for any-further amount recovered. When We Do Not Renew If we decide not to renew this policy,we will trail or deliver to the First named'insured stated in the-,Declarations written notice of the nonrenewal not.less than sixty(60)days before tho-expiraiion date.If notice of nonrenewal is mailed,proof of mailing will be sufficient proof of notice, Chubb Commercial Excess And Umbrella Insurance Farm 07.02.08!5(Rev.7-o1) Ctmtracl Page 24 of 32 J Chubb Commercial Excess And Umbrella Insurance _- cHUBE Definitions/ WITH RCSPECTtO UMBRELLA COVERAGE B,WHEN USED Vvi'm R,FSi4"',C•1',ro Umbrella Gov&agd B INSURANCE UNDER'I'ETIS CONTRACT,WORDS AND PHRaSI:STHAT APPEAR IN BOLD PRINT HAVE'ITIE SPECIAL MEANINGS D1:SCRIIIED BELOW. Advertisement Advertisement means an electronic,or d,written or other notice,tiboutgoods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to Me such goods,-products,or services, Advertisement does not include any c-mail address,Internet domain name or other electronic address or iriLtalan-tiage. Advertising Injury Advertising injury, menus injury,other than tardily injury,property damage or personal injury, sustained by a person or organizatiooand caused by an offense of infrin«ing,in,that particutar part of your advertisernent ahou(your aeoods,proidl)ULs or services,upon their: • copyrighted advertisement;or • registered collective mark,rebistbred service mark or other registered trademarked name, slogan,symbol or title. AYto Auto,meatis a land motor vehicle,trailer or semi trailer designed for travel on public roads, including any attached machinery or equipment. But auto docs not include mobile cquilimcnt, ,, F 3X] ': =-., !. ;S?,_..`::�FuY ;x wy133 s 'ar, o % �•. S? „. Bodily Injury Bodily injury rneana physical: • injury: • sickness;or • disease; sustained by a person,including resulting,death,humiliation,inental anguish, mental injury or shock at any time.Msueh_loss Shull he deemed to occur at the time of the physical injury,sickness or disease that cituscd it. Employee Employee iaetude:;a Nased worker,Employee docs not include a temporary worker. Impaired Property Impaired property rnr ans tangible property,other than your product or your work,that catinot he used or is less useful because: • it incorporates,your product or your work that is known or thought to be defective, deficient, inadequate dr'6iuigerous-.or • you have failed to fulfill.the ternis or.conditions of a contract or agreement; if such property can be restored to use by: • the repair,replacement,adjustment or removal of your:product or your work;or • your fui1711ing.t1e terns or conditions of the contract or agreement. t0. Chubb Commercial Excess And Umbrella Insurance ra�x t Form 07-02-0815(Rev.7-01) Contract Page 25 of 32 r- pefinitlOns! WITH RESPECT TO UMBRELLA COVERAGE B,WHEN USED WITH=RESPECT=TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT,WORDS AND PHRASES THAT APPEAR IN (contirlusd} BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured Contract Insured contract means an oral or written contract or agreement pertaining to your,business,in which you assume the tort liability of another person or organization to pay damages,to which this 'insurance applies,sustained by a third person or organization,provided the injury or damage occurs,or is caused by an offepse.that is first committed,after the execution of such contract or :agreement: mss,.pr 5'nts'ft�2?a�xn.......?4'�y.:5.,i'.&#. - Intellectual Property Law Intellectual property Ilaw or right means any: Or.Right certification mark,copyright,patent or trademark(including collective or service marks); IF right to,or judicial or statutory law recognizing:an interest in,any trade secret or confidential or proprietary non-personal information; • other right.to,or judicial or statutory law recognizing an interest in,any expression,idea, likeness,namc,.slogan,style-of doing business,symbol,title,trade dress or other intellectual property;or other judicial or statutory law concerning piracy,,unfair competition or other similar practices. Leased Worker Leased worker means a person leased to a party by a labor leasing firm,in a contract or agreement between such party and the labor leasing firm,to perform duties related to the conduct of the party's business.Leased worker do"not include a temporary worker, Loading Or Unloading Loading or unloading: A. means the handling ofproperty; 1. after it is moved from the place where it is accepted for.movement into or onto an aircraft,auto or watercraft; — while it.is in or on an.aircraft,auto or watercraft;or 3. whip;it is being moved from an aircraft,auto or watercraft to the place where it is finally delivered. 13, does not include the movement of property by means of a mechanical device,other than,a hand truck,that is not attached to the aircraft,auto or watercraft. Occurrence Occurrence means an accident,incl0ing continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization's cheater, constitution,by-laws or any other similar governing document. Chubb Commercial Excess And Umbrella insurance . Fom 07-02•o8is(Rev.7.01) 6mbaci Page 26 of 12 Chubb'Commercial Excess And Umbrella Insurance CHUaB Definitions/ WITH R1SPL+CTTO UMBRELLA COVERAGE B, WHEN USED WITH RI�.SPE,.c'` o Umbrella Coverage B INSURANCEUNI),ER THIS CONTRAC:'l, VORDS AND PIIRASES THAT APPEAR IN (continued) BULI) ;a1VG eRIN1'H>VI:THI,gPL'CL41,11) N S:D1SuRI13i:I7 T3I.I USir, Personal injury Personal injury means injury;other.than bopdily injury,nroperty.clamage or advertising injury, �eaused by an offense of: .A. false arrest,falsedetention or other.ftilse imprisonment; fi. rhaliclotis prosecution; C. wrongful entry into,wrongful eviction of a person from or other violation of a person's right_ of private occupancy of adwelling,premises or room that such person occupies;if coniiuted by or on behalf of its'landlord,lessor or owner-, D.. electronic,oral,written oarother-publication of nuiterial.that: 1. libels or slanders a person or organization(which does not include disparagement of fron(Js,products,p1gperty or services);or .2. violates a person's right of privacy; 1 . discrimination,harrassmeator segregatiinr based on a person's protected human characteristics as tsablisbed by law. Products-Completed Products-completed operations hazard Operations Hazard A. includes all hogttl•y injury and property damage taking pJttce away from prenuses owned or occupied by or loaned or rentcd to you and arising out of your product or your work, except: 1. products that are still in your physical possession;or 2. work that has not yet been completed or abandoned. Your Nvurk will be deemed completed when: • all of the work called for in your contract or agreculent lias been completed. • all of the work to be performed:tn the site has been completed,if your contract or agreement calls for work at more than one site. • that part of the work completed at a site has been put to its intendCd use by tiny person or organization other than another contractor or subconmac:tor working on the same project. Work that may need service,tnaintenance,correction,repair or replacement,but which is otherwise complete,will'hc treated as completed. B does not mclude�bodily injur..y.or`property damage wising out o% 1. the transportationof:;property,.0tile ss the injury or damage results froma,condition in Oir,Oli a vehigle not owncd or operated by or loaned or rented to you wid that condition was created by lk loading;or unloading of that vehicle by any insured; the cm Irl tools,uninsuAllud equipment or abandoned or unused.materials;or Chubb Commercial Excess And Umbrella Insurance rvr Form 07'02-0615(Rev.'7-01) Contract Page 27'0132 1t 7 De illt'tianF WITH-RESP-ECT TO UMBRELLA:COYERAG:E B,WHEN-USED WITH RESPECT TO Umbretia,.Coverage B INSURANCE UNDER THIS CONTRACT,WORDS AND PHRASESTHAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW; Products-Completed 3, products or operations.rur which the classification in our rules indicates that such Operations Hazard products or operations arc not subject to the Products-Completed Operations (continued) Aggregate Limits Of Insurance. Property Damage Property damage means: physical injury to.tangibte property,including resulting loss of use of that property.All such loss of use shall be deemed to occur at the titne of the physical injury that causedit;.or loss of use of tangible property that isnot physically injured All such loss of use shall be deemed to occur at the time of the occurrence that causal it. Tangible property does not include"any software,data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on[cave or to meet seasonal or short-term workload conditions. Your Product Your product: A. means any; 1.. goods or products,other than real property,manufactured,sold,handled,distributed or disposed of by: a. you; b. others trading under your name;or C. a person or organization whose assets or business you have acquired;and 2. containers(other than vehicles),materials,parts or equ ipment furnished in connection with such goods or products. 11.. includes: I. representations or warranties made It any time with respect to the durability.,Fitness, performance,quality or use of your product;and 2. iLhe providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not solei. Your Work Your work: A, means any: L work or operations performed by: a. you.or on your behalf or b. a person or organization whose assets or business you have acquired;and Chubb Commercial Excass And Umbrella insurance Farm 07•LV-0895(Rev.7-01) corwact Pegs 28 of 32 Chubb Commercial Excess And Umbrella Im3urance CHIJBrB Definitions/ WI'TH RESPECT TO vr_ BR LLA COVERAGE[1,WM',N USED WITH RE,SPflrC`f TO Umbrella Coverage B INSURANCE UNDER THI.S.CONTRr1C:T,,'WORDS AND PHRASESTHAT APmAiz IN BOLD PRINT HAVE,THE SPECIAL.MEANINGS DESCRIBED BELOW. Your Work 2. materials,parts orequipment'furniahed in connection with suchworkor operations. (continued) B, includes: l: representations of warranties rna&at any time with respect to the durability,fitness, performance,quality or use of your work:and 2. the providing'pLor failure to provide instructions or warnings. 'a23: hy`zw .,:::. .. y ........ .a, sw rk�rw" f6n:`•'...,. 'u::a.t=:� ,.:?isd..,cct:�v`s`::%g+•'2�."�r�i;...:..:..;:z^'......, ... Policy Definitions WITH RESPECT"[Q ALL COVER-AGES UNDER THIS CONTRACT,WHEN USED WITH RIS PECT TO INSURANCE UNDER THIS CONTRACT,WORDS ANU°PHRASES THAT APPEAR IN BOLO PRINTHA VE,THE SPECIAL ME ANINGS41ESCRIBM) BELOW. Agreed Settlement Agreed settlement mcags a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative. Asbestos Asbestos means asbestos in any Corm,including its presence or use in any alloy,by-product or other material or�was'te.Waste includes maternal to be recycled,reconditioned or reclaimed. Hostile Fire Hostile fare means otic,which.becomes uncontrollable or breaks out from where it Was i-ntended io Insured Insured means a person or an organization qualifying as an insured in the Who Is An lusured sections of this contract. Loss Loss: • ineans damagcs that the insured becomes legallyobligated to pay because of injury or damage, • does not include sums properly deducted for recoveries or salvage, Non-Admitted Jurisdiction Non-admitted jurisdiction means any jurisdiction where we are: • not licensed orpertuiued bylaw to issue insurance;or prcvcn-ted by law or otherwise tabu investigating,defendin-or settling an occurrence, affeuse,c aiin or suit. Chubb Commercial Excess And Umbrella Insurance ,•:,••t Form 07-02-0815(Rev.7-01) Contract Page 2-0or32 Policy Definitions: WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT,WHEN USED (continued) WITH RESPECT TO INSURANCE UNDER THIS CONTRACT,WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE.SPECIAL MEANINGS DESCRIBED BELOW. Nuclear Facility Nuclear facility means any: A. nuclear reactor; B. equipment or device:designed or used for.. 1. separating the isotopes of plu tonium.or-uranium; processing.or utilizing nuclear spent fuel;or 3, handling,processing or packaging nuclear waste; C. equipment or device used for the processing;fabricating or alloying of nuclear material if at :any time the total amount of such material in the custody of the insured at the premises where such.equipment or.device is located consists of or contains more than: 1, twenty-five(25)grams of plutonium or uranium 233,or any combination thereof.or 2. two-hundred-fifty(250)grams of uranium 235;or D. structure,basin,excavation,premises or place prepared or used for the storage or disposal of nuclear waste; and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such operations. Nuclear Hazardous Nueleaar hazardous properties include radioactive,toxic or explosive properties. Properties ,,K�sx�. �s°;f:. ..� ,M,: •sem. Nuclear Material Nuclear material means by-product.material,source material or special nuclear material. By-product material,source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act.of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear propertydamage includes all forms of radioactive contamination of property. Nuclear Reactor Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. ,�. :.�c::or�x��rsrw•;. .. ,,.::., ... .. ,: ::f�.c�w�,:.•Rn�,�:�:.�x<••;Nw-����w..;.::r�<w..... mow: -�x:> r�e ;�:�:� Nuclear Spent Fuel Nuclear$pent fuel means any fuel element or fuel component,solid or liquid,.which has been used or exposed to radiation in a nuclear reactor. Chubb Commercial 8xcass And Umbrella Insurance. Form 07.02.0815(Rev.7-01) contract Page 30 df 32 Chubb Cvramercia! Excess And Umbrella Insurance 0HUBB Policy Definitions: WYTH RESPE,Cr l O All.COVERAGES UND R nis CONTRACT, Yl'H N'U'SG11 (continued) WITH R SPECT'TO INx'SURANCL:UNDER THIS CONTRACT,1N'ORDS,AND PHRASES THAT A1'I'EAR IN 11011).,PRINT'HAV1?THr,SPEs',C:IAL MEANhNGS.I)ESCRil3ED BELOW Nuclear Waste Nuclexrivnste tneans any waste material-, containing nuclearmaterial,other than the tailings or wastes produced by the extraction or concentration of umilium.or thorium from,any orc processed primarily for it:source :material content;anti 4 resulting;trom:the operatiodby any person,or.organiza(on of any nuclear facility-described in suh1Mragraphs A.of 11.of the detinrition of nuclear.facilitp. Other Insurance Other insurance tincanis any tnauraulce affording cover n,ge dial this insurance would also)afford. Other insurance includes any type of self-insurance;or other mechanism arranged for funding of loss. Other insurance does.not include underlying insurance or insurance negotiatul specifically to apply in excess of this insurance. Pollutants Pollutants means any solid;.ligoid,gascou:�or thermal irritant or contaminant, including smoke, vapor,soot;fumes,acidj,Akali:;,chemicals and wastc.Waste includes materials to be recycled, reconditioned or reclaimed. ... Suit Suit means a civil proccoding in which damages,to Which this insurance applies,are souk ht.Suit includes an arbitration or other dispute resolution proec;eding in which such dunnages are sought and to which the insured must submit or dries submit with our consent. Underlying Insurance Underlyu,p.insurance nicans the coverages for the hazards_deserihed in the-Schedule Of Underlying Insurance and the next rcocwal or replacerncnt insurance thereof. Underlying Limits Underlying linlits, tnctnns iltc sum'of announce. A. shown for tine hazards described in the Schedule Of Underlying Insurance,consisting of =unou tits: 1. av-ailablc under applicable underlying insurance;and ?. ;7ny insured must pay because underlying insurance,as represented by you,is not avuiluble,regardless of the reason; B. available under any applicable.ant-ecedent,renewal or replacement of underlying insurance; C. of any alhacation,deductible,p�ariicipation,retention or other selFinsur;ance app-licablc to the insurance described in,paragraphs A.and B. above;and b. any reinswLernern of limits or supplemental or other limits available bndcr the insurance described in paragraphs A.and B.above:. Chubb Commercial Excess And Umbrella Insurance Form 07-02-0815(Rev..7-01) Contract Page 31 of 32 -'I. WITH RESPECT TO.ALL COVERAGES UNDER THIS'CONTRACTi- WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT,WORDS AND MRASFS. THAT APPEAR KBOLD.PRINT HAVE THE SPECIAL MEANINGS DE•SCRYB D BELOW. Linderlying.limits If amounts available under the applicable.underlying insurartce:described in the Schedule Of (continued) Underlying Insurance,are greater or less than the amount:shown in such Schedule,thea the greater of su4h amounts shall apply in the computation of underlying limits. Chubb Commercial Excess And UmbreM insurance Four►07-02,0815(Rev,1.01) CaNfact Page 32 of 32 ffs] Chubb Commercial Excess And Umbrella Insurance CHUE30 Endorsement Policy-Period JULY-23,2012 Ta JULY 23,2013 Effective Date jli ty 23;2002 Policy Numbor 1989- "2-0() Insured 1X12104 INVESTNTENT CO. Marne of Company FT,.'T)r--RAL rNSURAN(ITCOMPANY Date Issued Angus( 16,2012 Undur Conditions,the following condition is added to the policy: Conditions Compliance With 'Phi;insurance does not apply to the extent that trade or economic sanctions or other laws or Applicable Trade regulations prohibit us froin.providing insurance. Sanctions All other terms and conditions remain unchanged. Authorized t3apre5ontative August 1$, 2012 Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade sanctions last page Form 07-02-1988(Rev.2-04) Endorsement Page 1 Chubb Commercial Excess And Umbrella Insurance C HtjB6 Schedule Of Forms Policy Period JULY 23,20-12 to .BJI-,Y 23,2013 Effective Date July 23,2012 Policy Number 79,88-32-06 LAO Insured JX RICH CVVESTMENT CO. Name of Company C'I IX-,RA1_INSURAN('li COMPANY Date Issued August 16,2M2 Form Number As of the effective date printed above, this is the Schedule Of Forms applicable to this policy: PREMIUM BILI, 07-10-0542 (IO/O6) INIPOR'rANT NOTICE TO POLICYI IOLDERS-TRIPRA 99-10-0732 (12/07) hIPORTA TNOi'ICF.-OFAC 9940-0792 (09/04) AOD IMPORTANT P(?LICYI-IOLDER NOTICE 99--10-0872 (06/07) COMNT1-RC1AL EXCESS AND UMBRELLA DE(TARATIONS 07-02-2267 (02/09) CHUBB C0 MMI RCL,Vf.EXCESS&TJNIBRE1 LA INSURANCE 07-02-0,915 (07/01) COMPLIANCE WTrH APPLICABLE TRADE SANG'FIONS 07-02-1988 (02/04) CA('ANC EL.LATION AND WHEN Wr DO NOT RENEW 07-02-2022 (06A)2) POLICY t XCL-INFORMATION DISTRIBUTION LAWS 07-02-2172 (.11/04) COVERAC}1'.-CRISIS ASSIS'rANCEI XCESS AND UMB 07-02-2440 (12/10) EXCLUSION OF CERTIFIED AC'"I;S OF TERRORISM 07-02-1958 (l2/07) LEMITS-1 XCESS COVERAGE OTIIER A(JGREGA1'E LIMIT 07-02-218=x- (01/05) CONSTRU('I'10N/F)L�.VLSI;QPMN`17N,IAIN"C/RENOV;ITION,1`OTL. 07-02-2245 (01/'08) NAMED LNSURED 07-02-1477 (07/01) BIOLOGR'ALAGENTS EXCL. 07-02-[692 (07/01) CARE,CONTROL.OR CUSTODY-POLICY EX('I_USION 07-02-0937 (07/01) FORT-W;N LIABII:,rn,I:XCJ,. BI/PD/AI/Pl COV.B 07-02-0861 (07/01) LEAD EXCLUSION 07-02-1153 (07/01) PI201T;SSIONAC.SF,12V1CLS I:XCL 07-02-0864 (07/01) POLLUTION EXCL.-EXCESS FOLI.OW-FORM COV.A 07-02-0885 (07/01) PRODUCI'SCOb'IPI-ETED-COV. It FXCLUSION 07-02-0890 (07/01) SUPPI..EMENTARY PAYMENTS 07-02-(.)8=15 (07/01;) SCHEDULE OF UNDERL.Y1NG INSURANCE 07-024022 (07/01) Chubb Commercial Excess And Umbrella Insurance fast page Form 07-02-0622(Rev.7-01) Schadule.tlf Forms Page 1 Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies 15 Mountain View Road Warren, NJ 07059 Named Insured and Mailing Address Policy Number 7988-12-06 J-W.RICH INVESTMENT('(). T.00. 1000 N..WI,STERN AVE.,#200 SAN PEI7Rt);CA 9"0732 Issued by the stock insurance company indicated below, herein called the company. FEDERAL INSURANCE COMPANY Producer No. 0009401 Incorporated under the laws of Indiana Producer PATRIOT RISK&INSURANCE SERVICY-S,INC. 8105 IRVINE CiNTR DR,P400 IRVINE,CA 92619-0000 Policy Period From: JULY 23,X112 TO: JULY 23,2013 12:01 ANI.standard dine at the Nained Insurcd's.mailing address shown above. ...._,r.. .. .....:. .. ...... ......:..>........H...•..,vcs�...m..::aa,.�t�.h7..zs:,�.c..,.•.�:..x kyr.�.,:<x%=ssifiR�:><x:::�::az,�>:a<>::;?<:: :-:,.::.:.-::v:;:?cos.:ay.«C. c:c�R?mFC�.46aa�':::.:: ;:roMss.<:;�s:::' Premium $ 18,091 .00 Limits Of Insurance Eyccss Coverage Other A—re-ate Limit(as applicable) $ 15,000,000. Umbrella Coverages Aggregate Limit $ 15,000,000.. Products Completed Operations Aggregate Limit $ 15,000,000. Advertising Injury and Personal injury Aggregate [.emit $ 15,000,000. Each Occurrence Limil $ 15$000,000. Authorization In Witness Whereof,the company issuing this policy has caused this policy to be signed by its authori-rcd officers, but this policy shall not be valid unless also signed by a duty autho6i4d representative of Qtc company. FEDERAL INSURANCE COMPANY G Secretary Ccs President Authorized Representative �c� ✓�����..__Yf�i August 16,2012 Chubb Commercial Excess And Umbrella Insurance last page Form 07-02-2267(Ed.2-.09) Declarations Page 1 4 �M[� 3J3 Chubb. Commercca!Fzcess And Uh Ila Insurance Endorsement Policy Period TULY 23,2012 To RJI..Y 23,2013 Effective Date July 2 3,2012 Policy Number 79$8 32-i)C Insured J..W._i2ICH INVESTMENT CO,. Name of Company FEDERAL.INSURANCE COMPANY Date Issued August 16,2012 .... ..... �M1k. ..... .............::ti.::•Y.:R,'.YX,c....,...::d:.: :R� ..f ... ti4S°Af!?V-q?S•r.'%....�:9k�,:�:n:AY'4/':.�y�..... Under Conditions,the conditions titled Cancellation And When%Vc Do Not'Renew are deleted.and replaced by the following: Conditions California Mandatory Cancellation A. The first named insured shown in the Declw—ations may cancel this policy by im0ing or delivering to us advance written notice of eancellation. All Policies InEffect For More Than 60 Days B. 1, I!this policy has been in errect for niore tlran 60 dugs,or is�a renewal of a policy we issu.d, we may cancel this policy only upon the occurrence,after the effective date of (lie policy,of one or more of the following: It. Nonpayment of prentiunl,including payment due on a prior policy we issued aqd Clue during the current policy term covering the same risks. .b. Qiscoveryof fraud or material misrepresentation by: (i.) any insured or his or her representative in obtaining this insurancc;or (ii.) you or your representative,in pursuing,a claim under this policy. C.. A.judbment by a court or an administrative tribunal that you have violated a California or Federal law,having as one of its necessary elenients an act which materially increases any ot`the risks insured against. d. D'iscov'ery ol-willful or grossly neligcTIt acts or otnisyiOn5,Or Of any violations of state latus or safety standards,by you or your representative,which materially increase any of the risks insured against. c. Failure by you or your representative to implement reasonable loss control requirements,agreed to by you as a condition of policy issuance,or which were conditions precedent to our use of a particular rate or rating plan,if that failure materially increases any of the risks insured against. Chubb Commercial Excess And Umbrella Insurance Conditions California—Cancellation And When We Do Not Renew continued rvw,t Form 07-02-2022(Rev 6-02) Endorsement Page 1 xc . ......... Conditions California Mandatory Cancellation f. A determination by the Commissioner of Insurance that: (continued), (i.) loss of,or changes i6i our reinsurance covering all or part of the risk would threaten our financial integrity or solvency:or (Iij- -continuation of the polity coverage would place us in violation of California lav or the laws of the state where we are domiciled;or threaten oussoivoncy. g. A change by you or your representative in the activities of property of the commercial or industrial enterprise,which results in a materially added, inereased or changed risk,unless the added,increased or changed risk is included in the policy, 2- We will mail or deliver advance written notice of cancellation,stating the,reason for cancellation,to the first named insured and to the producer of record,at least: a. 10 days before the effective date of cancellation if we cancel for a reason listed In;B.l.a-or h.above;or b. V days before the effective.date of cancellation if we cancel for any other reason listed.in paragraph B.1. When We Do Not Renew If we e1cct not to renew this policy,we will mail or deliver written notice stating the reason.for nonrenewal to the first named insured and to the producer of record,at least 160 days,.but not more than 120 days,before the expiration-nr anniversary date. We wits mail or deliver our notice to the first named insured and to the producer of record,at the mailing address shown in the policy. All other terms and conditions remain ut chanoed. Autrwrizod`Representative August 16,,2012 Chubb Commercial Excess And Umbrella insurance Conavons California—Cancellation And When We Do Not Renew last page. Form 07-02.2022 lPev.6.02) fndorsemsof Page 2 uBts Chubb .Commercial Excess And Umbrel[a Insurance Endors=ement Policy Period A 11.Y 23,2012 To AJL.Y 23,2013 Effective Date July 23,2012 Policy Number 7988-32-06 Insured J.W.RICH INVESTMENT CO. .Mame of Company FTI)] RAI.`IIv'SL1ktANC1;C'OMPAN'Y Date Issued August 10,2012 .. :: .': Eire<:. �.... :•'.E%W: :f.'. :;G'6 #:•,� ���{�<�r .. .n :kCrgn( K.�� .73.Sx;ii:%F:.. Xii�i�R�.s�i���:•:• ..........h,`.:'.n\tib.::7G?ii, •-....:�SY>:Tv:�.... The followirw exclusion is added under Policy k.ixclusions utd ri,pluccs any silinlar cxclumoli contained therein. The use oti the words damages,los,,eostor expense in any exclusion docs not expand any coverage s)underthis contract. Policy Exclusions Information Distribution With respect to aIt coverages under,this contract,this insurance docs not apply to any darnages,lugs, Laws cost or expense arising out ofany actual or allegcd violation of': • the United States of America'CAN-SlIAM Act of 2003 or any lake wriendatcory thereof; • the United States of America Telephone Consumer Protection Act CITTA)of 1991 or any law amendatory thereof,-,,)r • tiny other ordinance,reruladon or statute relating io Colin nunieauno,distrihution,publication. sendinb or Transmitting bf content,information or material. All other terms and conditions remain unchamzed. Authorized Representative August 16,20;12 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Information visi?'ribWan Latus Iasi page r Form 07-02-2172(Ed. 11-04) Endorsernent Page 1 ---*� Chubb CoMmeroial Excess,And Umbrella Insuranop CHUSS Endorsement Policy:Refiod JULY 21,20.12: To JULY 23,2013 Effecfive Data July 23),2012 _Policy Number 7989932-06 ltasured 7,yy,:RICH [NVES'I'1viENT CO, Name of Company F1 PERAL INS ITRANCE COMPANY Date Issued August 1(-,,2612 :. .....,.•.:•:::a.::,;.::...c:......:..........a....r«,•:;. ....a. ,.....:!w.h...•r.:...a...:•`:'lS'.:.:..:..5;?•?�?:C:.::..fis:•F..::::aS.... ......?A.. �;:<: ::... .......3:$:gA+ii24' T8£. SCI-1]"I(JLE A Limits Of Insurance Crisis Assistance For Excess And Unnbrella Aggrc-ate Limit: The lesser of: • 31id of the Mach Occurrence Limit shown in the Declarations tis of the inception date of this policy;or • S3(111,UfJh. .............a.. ... ..._::.:.. r.. ;G^8?.. ::,. :a.,. •lf:% .: a. ...,...._: ,.. .. 4dk::SnSC's::..:MBG .:. A section titled Coverage/Crisis Assistance 1-or Excess And IJmbrella is added to this.contract. C•overagelCrisis Subject to all of the terms and conditions of Ibis insurance,we will pay on behalf of the insured Assistance For crisis assistance expenses up to the amounu.of the Crisis Assistance For Excess And Umbrella Excess And Umbrella Aggregate Limit,shown ii,Schedule A,arising out of it crisis event that first commences during the policy period of this ittsurunce. A crisis event will be deemed to:first commence at the timee during the policy period or this insurance when you notify us in accordance with the S,pccial Dntics.In The l vent'Of A Crisis Event provision of this Cndorsemem. A crisis event will be deeiiied to end one hundred and eighty(I80)days alter the date of notice of the crisis event was given to us by you or when the Crisis Assistance For Excess And Umbrella Aoorcgatc Uru-it shown.in this Endorsement is exhausted,whichever occurs first. Any paymcat of crisisassistanee expenses that we make under the coverage providedby this l�ndorscnient.will not he an acknowledgement of coverage under this insurance, Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued �',tY Form 07-02-2440(Ed. 12-10) Endorsement Page 1 Under Limits Of Insurance,the following.provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Agemgate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses.. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggrcgate:Limit: • applies to the entire policy periodshown in the Declarations.and not separately toany-portion (whets annual or titherwi.se)'thercof, will not be reinstated of increased„and • will not reduce any other<lirniis.ander this policy. 00:Ofi:?:....'.::-.::to3ika?t.<:vfi';:zs�iia`exaeR�E42's�.::•�:Y.xc�iY::eAkJh`G�.a2x:7T'^•""�'-'""""`:iii.�%�. S2Yrl�i!�.�”ay..rc:7�:`,.,^C'vkY.Q6'i�b'k�'K'.C'SczKSR�:�1'6Y..J�'Sff4zY.-t.;cS.`.x.. .: .. .,. Under Conditions,the following conditions are added. Conditions Special Duties In The You must see to it that.within twenty-four(24)hours of a crisis event: Event Of A Crisis Event A. one of the crisis assistance service.providers is notified by telephone;and B. we are n.otifia To the extent possible,notice should include:. L how,when and where the crisis event took place-, 2. the names and addresses of any injured persons and witnesses: 3. the nature and location of any injury or damage arising out of the crisis event;and 4, the reason why the event is likely to involve injury or damage covered by this policy and invo Ive significant adverse regional or national media coverage. Other Crisis Assistance If you have other insurance that provides coverage for crisis assistance also covered by.this Insurance insurance,then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions,the following definitions are added. Policy Definitions Crisis Assistance .Crisis assistance expenses means the following expenses incurred by'the insured during a crisis Expenses event to which this insurance applies which are reasonable,necessary and directly attributable to that crisis event: • expenses to.secure the scene of a crisis event,. • fees charged by a crisis assistance service provider shown in Schedule B.for professional service or advice-, • funeral or related service expenses-, • psychological or grief counseling expenses-. temporary livingexpenses-. Chubb Commercial Excess And UmbreUa:.Insurance . Coverage Cnsis A,Wstancy for Excess And Umbrella. condoued, Form 07-02-2440(Ed. 12.10) Endorsement Page 2 c1HUBB- .Chubb Commercial Excess And Umbrella Insurance Endorsement E#ective.D.ate July D,20.1;2 Policy Number 7958-32-06 ....<.....:: ..............:......,-: ....,..,..a...• ..:��>:...... ..,...vs:1,.c2thK.2t2iM71.:3.':ac:,<a�.,,c43�;'r4:i28:R:.,,......,«....�>i3,?�`:.�1'Y:........:... �2;4.......,.....:;:i:,�:wfa,::>i:4i:5........ k Policy Definitions Crisis Assistance travel.exp enses;and Expenses (continued) luny other"penes approved by tv�. Crisis Assistance Crisis assistance service provider means any firm: Service Provider A. shnwn in Schedule[3;or 13. for which we,to our sole discretion,have provided written approval prior to the,crisis event as evidenced in gut endorsement to this policy, and which is hired by you. We reserve the richt to modify ihe list of firms shown in Schedule B without noticQ, Crisis Event Crisis event means.an event.that you reasonablybelieve has resulted,or may result,in: A. damages covered by.tluspolicy thnt are in excess of Any app�.licable: 1, underlying limits listed on ale Schedule Of Underlying[..units; 2. retained limits;and/or 3. other iwigrance;wid 13, significant adverse regional or national media coverage. Schedule B Crisis Assistance Service Providers: l'Icasc see listing of('risis ASSi3tanCe Service Providers on wwNv.chubb.coM. We do[lift provide or make any re-presentations or warranties in connection with the services provided by the firm(s)'listed above. Atl other tarns and conditions remain unchanged. :Authorized Represertative fl 'ea August 1$. 2012 Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella last page +,r' Form 07-02-2440(Ed.12-10) Endorsement Page 3 criusB Chubb ,Commercial Excess And Umbrella Insurance Endorsement .Policy.Period JULY 23,20.12 To JULY.23,2013 Effective Date July 21,2012 .Policy Number 798&31-06 Insur'e'd J.W,.RICH INIVESTMI NT CYC. Name,of Company F-W RAL INWRAWE COMPANY Date Issued August 16,.2012 ♦ .... n.«n.... .....:: •:vG"v::t;;:may ..:\ii.. e •"'•F:$' ':}':`: .v•'4. w m }:•�" :�`/..:- ... nv .`v$ �'....n...... ... .. :: ...:nv' .rc}:.� ..r.. .tip.: Min /,niirSi v".'. : �1\•:........::.. SYn•:•h�'mx... k:n:::...... }..:ii.':$i:..�::.: A new section uded'fcrrorisrrt Provisions is added to the end of-this contract. Terrorism Provisions Certified Act Of `this insurance floes nut appl y to any loss;cost or expense arisim„directly or indirectly,out ora Terrorism Exclusion certified act of terrorism. Application Of Other 'File terms and limitations of any terrorism Exclusion,or the inapplicability or onussion of a Exclusions terrorism exclusion,do not serve to create coverage for any loss which would otherwise be excluded under this policy,such,as 1s)sscs excluded by the i`tuclear,Effergy exclusion. ?.eta+J,.d.:;::�&YdCGX'?R.:?wa.<<.:R°7;Y:-`.�`/,CbyR;:•,:�:;::'Y::.y::S�`�r:eE`:;;;.,•..>e::2fY�:`�::¢'tYc_:::�::::.':•fi,::;:4:.......,..a./r.:�'':HwV}:C/z:.S:R=:;.@:.::;;?F:saaY�':'c;>,2�5:}.�Y.�LYtSfri.:.o�iR'�'. 'i;�:':........ A new swion titled'I'errorisrn Dehnidons is added. Terrorism Definitions Certified Act Of Certified act of terrorism means any act that is certified by the Secretary of the Treasury,in Terrorism concurrence with[heSecretary of State anti the Attorney General of the United States,to be an act: A. of-terrorist,a violent act-or an act that is dangerous to.human life,property or infrastructure; and B. that results in dama-e: 1, within tite United States.;or 2, outs(de of thc.United,States in the ca:e of: a, an air carrier or vessel as described in the,terrorism law;or b. the pretnises of a mission of tile[lnited Staics of Arnerica, which was cornmitted by an intlividual or individuals as Part of an errort to: coerce the civilian population;or • influence the policy or;ride.l the conduct of the Government, of the United States. Chubb Commercial Excess And Umbrella Insurance Exclusion Of Certified Acts Of Terrorism continued Form 07-02-1958(Rev.12-07) Endorsement Page 1 1•t Includes copyrighted material of Insurance Services Office,Inc.with its permission. w�T Terrod sm Definitions Certified Act Of Certirted act,of terrorism does not include,an act that: Terror(continued) is conitnitted as part of the course of a wax declared by the,Cotigtess of the United Stags;or (continued) • does not result in property and casualty insurance losses that exceed$5 million in the aggregamand are attributable to all types of insurance subject to the terrorism law. State 'State means any state ofthe United States of America,the District of Columbia,the Commonwealth of Puerto Rico,the Commonwealth of the Northern Mariana Islands,American Samoa,Guam,each of the United.States Virgin Islands,and any territory or possession of the United States of America. Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002(Pub.L.107-297)as amended by the Terrorism Risk Insurance Extension Act of 2005(Pub.L.109-144)and the Terrorism,Risk Insurance Piogram Reauthorization Act of 2007(Pub.L.110-ib0), United States United States means: • a state;and the territorial sea and the continental shelf of the United States of America,as described in the terrorism law. All other terms and conditions remain unchanged. Authorized Representatives August.16,2012 Chubb Commercial Excess And Umbrella Insurance Exclusion Of certified Acts Of Terronsm last page Form 07-02-1958(Rev, 12.07) Endorsement Page 2 Includes copyrighted material of insurance.Services Once,Inc;with its permission. CHUBW :Chubb 'Commercial Excess And Umbrella Insurance Endorsement Policy Period AJLY 2-3j 2012 To: JULY 23,2013 Effective Date July 23,2012, Policy plumber 79Rx-3,2-46. Insured J.FV.RICEIINVLSTkrNwr CO. Name of Company 1-E.liERfl1.IN:Si112ttN('L(.'OMPANY Date Issued Auaug 16,2012 .:,.....:� ....:.�.•..::......:.............::...::::::N..M.:..:-.t.. ..:.r•.Fu:.K. ::..:w.i.. .rM:..vy ..i0'f,.. .r. der:.-::•:::.}:c-....:::4ii4i::•:FS,,,:..:i..::C...:......./..2>isi'f/.•:\:.,..........,...::liN:�:iii.. Under Limits OC Insurance,the provi:,ion titled Products-C'onipleted Operations Aggregate Limit is deleted.The provision titled Excess(.o.verage Other Agoregaw Limit is deleted and replaced by the following: Limits Of Insurance Excess Coverage Other Subject to the Huch Occurrence Limit,the Excess Coverage Other Aggregate Limit is the most we Aggregate Limit will pay Cor the surn of.loss under lixcess -ollow-F'orm Coverage A,except loss: • arising out uC acdverusing injury or penwiial.injury;or otherwim covered by underlying insurance but to which nu amre-ate limit in such underlying.insurance applies, All other terms and coudilion:remain unchanged. Authorized Representative August 16, 2012 Chubb Commercial Excess And Umbrella Insurance Limits Of Insurance—Excess Coverage Other Aggregate Limit last page ,•,fir .t Form 07-02.2164(Ed. 1-05) Endorsement Page 1 Chubb Commerc ial:Excass-And Umbrella insurance, Endorsement Poliqy Period 1ULY,i-3,2011.2 to JULY 21,2013 Effective Date July 23;2012 Policy Number 1989w')2-40 lasured J.W, RICH INVESTMENT CO. Name Of COMP4nY -1Tl)l--.RAL INSURANCf-E CO-NIPANY Date Issued Augwt 16,'22 0 L 2 Unclei-Toticy Exclusions,the following exclusion is added: Policy Exclusions Construction Or This insurance does not apply to any liability or loss,cost or expense arising out of any Development Or construction or developinerittir maintenance or renovation. Maintenance Or "Phis exclusion applies reprdless of: Renovation, Total A. %yhethcr such operation.;or work are or were performed or completed: 1, by you or on your bchalf�, 2. for you; 3. by or for others-,or 4. for sale to others; and B. when or where such operations or work are or were performed or completed. Under Policy DeTuitions,the following definitions are added. Policy Definitions Construction Or Constructioli or development rnetris any: Development 'addition to any building.or other structure; • cornplete or partial construction or demolition or erection of any building,or other structure; or planning,site preparaiion,surveyint,or other construction or development of teal property. Maintenance Or Maintenance or renov-ation, Renovation A. Means: I. altera(iotior recio.vation operations',or Chubb Commercial Excess And Umbrella Insurance donstruclion Or Development Or Maintenance Or Renovation, Total continued Form 07-02.2245(Ed. 1-08) adorsement Page I Policy Definitions Maintenance Or 2. maintenp", orrepair operations, Aetzavatran 13. docs not include any structural alteriu'ron that involves changing the size of.or any (continued) demolishing or moving of any building.or other structure. All other terms and conditions-rerdain unchanged. Authorized Representative . .. t— � August 16,2012 Chubb Commercial Excess And Umbrella Insurance Consbvc#on Or Deaelapment Or Maintenance Or Renovation,Total Iast.page. Form 07-02-2245(Ed, 1-08) Endorsement Page;2 cHuBe Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period .II L;Y 2.1,.2012 to JTJL,Y 2.3,201.3 Effective Date July 23,2012 Policy Number 7988-32-06 LAC) Insured J.W.1�IChI IN'VLS'1"Ml,N`F cb. Name of Company FEDI 1ZAL dNSURANC EI COMPANY Date Issued August 16,2012 Who Is An Insured Named Insured The Named Insured shown iwthu Declarations is completed to read as follows: per Scheduled Underlyfiw Policy(s) All Other Terms and Conditions Remain Unchanged Authorized Representative .���`i� � August 16,2012 Chubb Commercial Excess And Urnbralls Insurance Who is An Insured-Narned Insured last page Form 07.02.1477(Rev.07-01) Endorsement Page 1 Chubb Commercial i,�Xcess And Umbrella Insurance CHUME3 Endorsement Policy.Perfod JULY 23;X01'2 To AJ1.Y 23,2013 Effective Date July�3,2012 Policy Number 7988-32-06 Insured M.Rt('F1 INV E,STINfL'INT CO'. Narne of Company F,'.L-'[)[,,RAI-INSURANCE COMPANY Datelssued August 16,2012 Under Policy Exclusions,the following exclusion is added: Policy Exclusions Biological Agents A. "This insurance docs not apply to any liabibuy Or loss,cost or expense arising out of the actual,alieged,or threatened colitaininative,pathogenic,toxic or other huzardous,-properties of hiulol;ical amts. B. This insurance does nut apply to any loss,cost or expense arising out of any: L request,demand,order or regulatory or sttitutory requirement that any insured or others test for,_monitor,clean up,contain,treat,detoxify Or neutralize,orin,any way respond to,or aSSei:stlk effects Of any W010giCal a-_,enk.or 2. ehfirn or proceeding by or on behalf ol'a governmental authority or others,for damages because ol'testing for,monitoring,cleaning; up,removing,containing,treating, detoxifying or neutralizing,or in any way responding to,or assessing the effects of a -biolo ny gical agents. Alv! Zix---- Under Policy Defignitions,the.following de,firtition is added: Policy Definitions Biological Agents Biological AgenLOneansarry: A.. 1. bacteria,, 2. nii1dew,niold.or other fun-i. Chubb Commercial Excess And Umbrella Insufance Policy Exclusions—Biological Agents continued .1—M Form 07-W4692(Rev.7-01) Endorsement page f Policy Definitions Biological Agents 3, other microorganisrng or (Continued) 4. mycotoxins,spore:±or:other byproducts of any of:the i4regoing; 13, viruses or other pathonen(whether or nut a microorganism);or C: colony or group of any of the forcaoiaa. All other tern and conditions remain unchanged. Authorized Representative n ' a August 16,2072 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions—B9909fcal agents last page Form 07-02-1692(Rev.7.01) Endorsemant Page 2 CHLJSB Chubb. Cnmm rG al Excess And Umbrella Insurance Endorsement Policy P$riQd JULY 23,2b12 To JULY.23,ZO13) Effective Date .luly:231200 Policy.Number 7999-32-06, Insured J.W.SWC H [NVES7`NIE:N•1•CO. Name of Company FEDERAL[NSURAW.T',WIMPANY DateIssuedAugust 15,2012 ;,;:•;:;,,.•._._::.>:....... ,;o,.::�;YT :::.,;,;:zti.::;;::;yskvct ::��?;;;s�:�'ri�aav�e::es�c*' tao�s�=-�amas�:�t � xaa:�;'sax:.�xi>.�:�:�: .rar�r:a� Under Policy Exclusions,the following exclusion is added: Policy Exclusions 'Care, Contral Or This insurance doe;not apply to prop4rty damage to property described below,ifthe property is in Custody the;carc...ontrol or custody of the insured. Description of Property: Real and Personal Property :All other tams and eonditiops remain unchan--cd. Authorized Representative \'�✓ ' August 16,2012 _ Chubb Commercial Excess And Umbreila Insurance Policy Exclusions—.Care,Control Or Custody last page i,ti{ .Form 07.02-0837(Rev, 7-01) Endorsement Page I CHUE313 Chubb Commercial Excess And Umbrella Insurance Endorsement: Policy Period rui,Y 23, 2012 To JULY 23,2013 Effective Date JuIv 23Y 2012 Policy.Number 7998-32-06 Insured im.RI u INVF;S`CIviF N'C co. Name of Company FEDERAL.INSURANCE COIv111ANY Date:(ssued August 16,?012 Under ExclusionsMinbrella Coverage B Bodily Injury/PropeaDamage/Advertising Injury/Persona]Injury,the following exclusion is added: Exclusions/ Umbrella Coverage B Bodily Injury/ Property Damage/ Advertising Injury/ Personal Injury Foreign Liability This insurance does not apply to bodily injury,property damage,advertising injury or personal injury arising out of an occurrence outside tltc United States of America,its territories or possessions,Canada or I'ucrtu`Rico. All other terms and condition,remain unchanged. Authorized Representative August"16,2012 Chubb Commercial Excess And Umbrella Insurance Exclusiops/Umbrella Coverage B—Foreign Liability last page Form 07-02-0861(Rev.7-01) Endorsement Page d 'Chubb CpmmerciaVFXcess And Umbrella Insurance CHUEM Endorsement Policy Period JULY 23.,2012 TO JULY 231,2013 Effective Date filly 23,20 1-2, Policy Number 7988-32-46 Insured jW,..R1C1-1 INVESTMENT CO. Name of Company FEDERAL,IN. SU RANCE COMPANY Date Issued August Iii,2012 Under Policy Exclusions,the followinz-,exclusion is added: Policy Exclusions Lead This insurance does not apply to any liability or loss,cost or expense arising out of A. the actual,alleged or.Lbreateried contarninative,pathogenic, toxic or other hazardous properties of Lead;or arty request,deimind,order or regulatory or statutory requirement 111'al,'My insured or others-test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of Lead;or 2. any claim-or proccedino by or on behalf of a governniental authority or others for 0tniaues became of wFitim, for, rn00it0rin-,cleaning up,ren-lovino,containing, treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of Lead. Under Policy Definitions,(tie following Definition is added: Policy Definitions Lead Lead means the element lead in any forin,including its use or presence in any',1110y,Compound, by-product,or other material or%vaSLe.WaSW include-,materials to be disposed of,recycled, reconditioned or reclaillied. All other terms and conditions remain unchanged. Aulhortzed Representalive AugustI6,2012 Chubb Commercial ExcessAnd Umbrella Insurance Policy Exclusions—Lead lost page Form 07-02-1153(Riev,7-01) Endorsement Page 1 CHUB13 Chubb Commercial Excess Anpf:Umbrefia Insurance Endorsement 'Policy Period MY 23-,2012 To JULY 23,201 i Effective.Date July 23,2012- Policy Number 7988-32-06 Insured j.w.Rim' iNwE.,,'rlvJENT CO. Name of Company FEDERAL TANSURANCECOMPANY Date Issued Atroust 16,2012 Under Policy Exclusions,the following exclusion is added: Policy Exclusions Professional Services This insurance does not apply to any liability or loss,cost or expense arising out of the rendering or failino0 to render professional service or advice,whether or not that service oTtAdvicu is ordinary to the histired's prolession,regardless of whether a claim or suit is brought by a client or any other person or organization. All other terns and condition,.,rernain unchanged. Authorized Representative August 10,2012 Chubb Commercial Excess And UrnbrqUa Insurance Policy Exclusions-Professional Services last page Pofm.07-02-0864(ROV, 7-01) Endorsement Page I Chubb Commercial Excess And Umbrella Insurar e'. ;Endorsement Policy Period ,JULY 23,2012 To JULY 23, 2013 Effective Date July 23,2012 Pol%ey Number 7988'-32-06 :Insured JMRICH M STME NT C O. Name of Company h1 DFRA-L.INSURANCE COMPANY Date Issued August 16,2012 :..... .... ....v.. ',:A,..nC,.,:•.::•..h..S..n.-.:....-.:}..n...:•::0.v::i:u....n...:v:...f/5::i•i"t{:i.i}::;:...... ...ih is}::iL::-:.:.��:}i:.:?n .�::�:.i%}:i}}iw•::... Cinder Exclusions/Excess 1,ollow-l^ortn Coverage A,the exclusion titled Pollution is deleted and replaced with the following: Exclusions/ Excess Follow-Form Coverage A Pollution This insurance docs not apply to any liability or loss,cost or expense arising out of: A. the actual',alleged or threatcued discharge,dispersal,seepage, migration,release or escape of pollutants. 13. 1. any request,demand,order or regulatory or statutory requirement that any insured or others test for,monitor,clean up,remove,contain, treat,detoxify or neutralize,or in any way respond-to,ar-aaScss the effects of pollutants;or 2. any claim or proceeding by or on hehall of a governmen(al authority or Others for danna-es because Of WAing for,monitoritW_cleaning up,rcmovino,WIlMining, treaung,detoxifying or neutralizing,or in any way responding to,or assessing the effects of pailuttints. This exclusion applies regardless of.whether or not the pollution was accidental,expected,rradu4l, intended,preventable or sudden. All other tern;and conditions remain unchanged. Authorized Representative ' f August 16,2012 Chubb Commercial Excess And Umbrella Insurance ExclusionslExcess Follow-Form Coverage A—Pollution last page Form 07-02.0885(Rev. 7-01) Endorsement Page i Chubb commercial Excess And:Umbrella insurance CHUMS Endorsement Policy.P,eriod JULY 23,2012 To JULY.23,2013 Effective Date July 23),2012 Policy Number 79800-352-06 Insured J.W,RICH INVESTMENT CU. Name of Company FEDERAL INSUR ANCI?COMPANY Date Issued Augut t6,2012 .. ..... ..`.:..,.....yrs. .. •+"::::Y' A. ,..... ,>.Y,,..... .:.>::.. �::btN a`�`tc<;C':. .a..../G,•:,.o..•::.a,-<.;: ::.�.:.�..�:�3,",ek:::.';:;',°�tvi'7Sh'dJ'Fh`:'tQ fiJn?%.'::i`.c.�}S3>iit::r:;�Y:;f"..:'�Sb'.'t.=R'i� ..ti,/..-:Rfiz 1if� Undcr T xclusionsli-itnbrella Coverage h Bodily Injuryll'roperty Damage,the t'ollowtng exclusion is. added: Exclusionsl Umbrella Coverage B Bodily injuryl Property Damage Products Completed This insurance docs not apply to hodily injury or projwrty damage arising out.of the products- OperatiOns completed operations hazard. All other tera s and conditions rcmain,u-nchanged, Authorized Representative n ' August 16,2012 Chubb Commercial Excess And Umbrella Insurance Exclusiops/Umbralla Coverage 8—Products Completed Operations last page rvtr Form 07-02-0890(Rev.7-01) Endorsement PAge 1 c 50mr-1 MW :Chubb Commercial Excess And Umbrella Insurance: CHUE30 Endorsement Policy-Period JTJ LY 23,2012 To JULY 23,2013 Effective Date July,23,2(,i1 2 'Policy Number ' 7988-324)(1 Insured M.IUCII IN VES'MIENTCO. Name of Company FEDERA),MS'URANCE-1 COMPANY Date Issued Mow 16,2012 Supplenienvary Paymetits is deiewd in its entirety and replaced by the following. Supplementary Payments Subject to all of the tents and conditions of this insurance,under E'xcess Follow-Forin Coverage A or Umbrella Coverage B: A. WC%%,ill pay,with respect to claini we investigate or settle,or a suit apinst an insured we defend: L the expenses we incur. 2. the cost of: 4. bail bonds;or b. 'bonds required to: J) appeal judgments;or L_ (2) rale<Lieattuchments; but only for bondarnounis wifliin the available Limit Of Insurance.We do not have to furnish L110.4 bonds. 3. reasonable expenses incurred by the insured at our request to assist us in the invos[j�,auon or defense of such claini or suit,including actual loss of earnings up to S 1000 a clay because of time olffroni work. 4. costs taxed against the insured in the suit,eXCCPL MV: a. attorney fees orliti,pation expenses;oi- b,. other loss,cost or expciise, in connection with any injunction or other equitable relief. 5. prejud-inent interest awarded against the insured on that part of judginont we pay. If we make an offer to pay the applicable Limit Of Insurance,we will,not pay any prejudgment interest based on that period of tinic after(he offer. Chubb Commercial Excess And Umbrella Insurance Supplementary Payments continued Form 07-02-0845(Rev.7-01) Endorsement Page 1 uppit?mentary Payments (continued) 6. interest on the full.amount of a.judgment that accrues after entry of the.jud'g ment_and z before we have paid,offered to pay or deposited in ecwrt the part of the judgrnent that is within the applicable Limit Of insurance, B. Supplementary Payments does not include any fine or other penalty C, under Excess Follow-Form Coverage A.if supplementary payments of the applicable 'underlying ituuranee: reduce the limits of underlying insurance,then Supplementary Payments made under this.coverage will reduce t6a Limits Of Insuranctr of this insurance. do not reduce the limits of underlying insurance,then Supplementary Payments made under this coverage will not reduce the Limits Of Insurance of this insurance. D. under Umbrella Coverage 13,Supplementary Payments will not reduce the Limits Of Insurance. Our obli ation to make these payments ends when we have used up the applicable Limit Of Insurance. All other terms and conditions remain unchanged. Authorized Representative August 16,2012 Chubb commercial Excess And Umbrella Insurance Supplam"pry;Payments last page Form 07-OR-0845(Rev. 7-01). Endorseffient Page 2 `J GHUMB IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice isbeinu provitleil"with your'policy to further satisfy the disclosure requirements of the Tertorism Risk Insurance Act. At the.time you received the writtenmMrfor this policy,we provided you withan Important Notice to Poticyltalders,indictaing that the insurance provided in your policy for losses caused by certain acts of te.rrorisin(as defatted in the"I'crrorism Risk .Insurance Act)would be,partially reimbursed by the United States of America,pursuitnt to the lorrnulaset forth in the Terrorism Risk Insurance Act.In addition,as required by the Terrorism Risk Insurance Act,we: indicated that.we would make available insurance for such losses in the same.manner as we provide Insurance for other types of losses; 10 spceitted the premiurn We would charge,if any,for providing such insurance-,mid • .except to the exteau prohibited-by law;gave you the opportunity to reject such insurance and have it terrorism exclusion,sublinfit or other limitation inCluded in your policy. This L iportant Notice refers back to that ImporLint Notice and provides information about your decision and the manner in which your policy Inas been subsequently modified. You rejected terrorism insurance under dic"Ferrorism Risk Insurance Act,your policy includes the appropriate amendatory endorscolent(s). You did not reject terrorism insurance under the Terrorism Risk Insurance Act,the premium charged for your policy,including that portion applicable to terrorism insurance under the Terrorism Risk Insurance Act,is shown in your policy.To the extent your policy includes a limitation on terrorism insurance,ithii been modified so that such lirnitationdoes not ripply to terrorism insurance tinder the Terrorism.Risk Insurance Act. Please carefully review your policy and the Important Notice previously provided to you for further details.Please remember that,on1v the terms of your policy establish the sCopc of your insurance protection Please note that if your policy: • provides commercial property insurance in a Jurisdiction that has a statutory standard fire policy,,the.preniiunt we charge for terrorisut in,vurance under the Terrorisin Risk hisrirance Act;includes an amount attributable to the insurance provided pursumil to float standard fere policy. Rejection of such statutory insuranceislegally prohibited. • is a workers compensations policy,rejection of insurance for terrorism is,legally prohibited, If a""gre-ate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 5100 billion in it Prognarn Year(Jalu]Uy 1 throu1111 December_I1),the Treasury shall not make way payment for anyportion of the amount,of such fosses that exceeds S 100 billion. If aggncgatc insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed$100 billion in a Program Year(January ] through.Decernber 3 l)and we have met our insurer deductible ander the Terrorism Risk.Insurance:Act,we shall not be liable for Nie payment of any portion of the aattrxfit of such losses that exceeds S Idol billion,and in such case insured losses up to that amount arc subject to pro rata allocation in accordance with procedures estublislaeti by the Secretary of the Treasury, last page Form J9-10-0732()Rev. 1-2-07) important Nodca Page 1, IMPORTANT NOTICE TO POLICYHOLDERS c�-tuBer This Important Notiee is not your:policy..Please read your policy carefully to:determine your rights,duties,.and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection, THIS IMPORTANT NOTICE PROVIDES INFORMATION, CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE.COVERAGE RUETO COMPLIANCE-WITH APPLICABLE TRADE SANCTION.LAWS. PLEASE READ THIS NOTICE CAREFULLY. ....:n;n;�::;::•J.v;:,'-.,:•:n:is-:::::',:v.:v:•-n-.v.v:• •::::.::v:nv•::::::'.-...: ..:....... ...... i:,:. y.--r:::::: .:n:n...f,,:::..;,,::n�n..:.::,:;„•::..<a:,•::::,;..n..vn,...,.<.,r::::,.t..:.::.......:..:n,......,:....:....--s::;;as=;:..H:::a:x<:?<air•.�a:�.a�;�..::,.,•:a....w;zea::�......•t�a•...-.w.;::x:^:;:a>r�st<>s. � :� ��: �e:•ns:�:; Various trade ar economic sanctions and other laws Or regulations prohibit us from providing insurance in ccr-fain circumstances.For example,the Ltnited SLAWS•t'reasury Ucparunent's Office of Foreign Asset Control(OFAC)administers and enforces ecorrontie and trade sanctions and places restrictions on transactiunS With forei-n agents, front or anizations,terrorists,terrorists orlanizations,anti narcotic.traffickers,OFAC acts pursuant to E-Acc'utive Orders of[fie President of the United States Lind specific legislation,:to impose controls or)transtclions and freeze foreion assets under tinited,'hates jurisdiction.(I'o.learn more about OFAC,please refer to the United Statcs'rrcasury's web site at htto.//wwu,.treas._lov/ofitc.) TO the extent that you or any other insured,or any person or entity claiming the benefits of this insurance has violated any itpplicuble:unction laws, (his insurance will riot apply. We have added a condition or.section that applies to the entire policy called Compliance With Applicable•trade Sanctions,which stipulates,that your insurance policy does not applyto the Mem that tr.tde or economic JilnCliOns or other laws or regulations probibit us from providing insurance, last page ,•.:•rtt Form 99-10-0792(6d,6-04). Important Notice Page J CHUBB POLICYHOLDER NOTICE Ml of the membct.,of the Chubb Group of Insurance co npaui4sdoing business in ttie'T:lnited States (hereinafter"Chubb")distribute their products throuah.licensed insurance brokers and agants (-producers").Detailed information regarding the types of compensation piiid by Chubb to .producers on US insurance transactions is available under the Producer Compensation link located at the.bottom of.the pa,(-,e at wwww.clwbb.eom,or by calling 1-866.-M-9478.Additional information may be available from your.produces. Thank you for choosing Chubb. last page. Form 99-f0-0872(Ed.6-07) PolieyholderNolice Page 1 and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph The Developer further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Developer, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials,employees, agents or volunteers Notwithstanding the preceding paragraph, to the extent that Subcontractor is a "design professional" as defined in Section 2782 8 of the California Civil Code and performing work hereunder as a "design professional" shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement This Section 7 3 shall survive termination or expiration of this Agreement 74 Insurance From the Effective Date of this Agreement through the date of City's final formal acceptance of Off-Site Improvements constructed pursuant to the terns of this Agreement (the "Insurance Period"), Developer shall pay for and maintain in frill force and effect all policies of insurance described in this section with an insurance company(les) either (1) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or(u) authorized by City's Risk Manager The following policies of insurance are required 74 1 COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG. 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $5,000,000 general aggregate and $5,000,000 aggregate for products and completed operations and $5,000,000 general aggregate 7 4 2 COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and. non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $5,000,000 per accident for bodily injury and property damage 74 3 WORKERS' COMPENSATION insurance as required under the California Labor Code Execution Version DEVELOPMENT AGREEMENT Page 20 of 35 21 744 EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident,$1,000,000 policy limit and $1,000,000 for each employee In the event Developer purchases an Umbrella or Excess insurance policy(ies) to meet the"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance pohcy(ics) Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Developer shall also be responsible for payment of any self-insured retentions The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage In the event any policies are due to expire during the term of this Agreement, Developer shall provide a new certificate evidencing renewal of such policy not less than fifteen(15) calendar days prior to the expiration date of the expiring policy(ies) Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Developer shall file with City a new certificate and all applicable endorsements for such policy(ies) The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured Such policy(ies) of insurance shall be endorsed so Developer's insurance shall be primary and no contribution shall be required of City Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers Developer shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development Developer shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement If at any time during the Insurance Period, Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or his/her designee, may order that the Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected All payments due or that become due to Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City The insurance requirements set forth in this Section 7 4 are material terms of this Agreement If Developer should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Developer shall require the general contractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor's certificates and endorsements shall be on file with Developer and City prior to the commencement of any work by the general contractor If the general contractor should subcontract all or a portion of the services or work to be performed under this Agreement to one or more subcontractors, Developer shall require the general contractor Execution Version DEVELOPMENT AGREEMENT Page 21 of 35 2Z to require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that each subcontractor shall be required to pay for and maintain Commercial General Liability insurance with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $2,000,000 aggregate for products and completed operations and $2,000,000 general aggregate and Commercial Automobile Liability insurance with limits of liability of not less than less than $1,000,000 per accident for bodily injury and property damage Subcontractors' certificates and endorsements shall be on file with the general contractor, Developer and City prior to the commencement of any work by the subcontractor Developer's failure to comply with these requirements shall constitute an `Event of Default" as that term is defined in Section 10 1 8 Benefits 8 1 Benefits to the City The City has extensively reviewed the terms and conditions of this Agreement and, in particular, has specifically considered and approved the impact and benefits of the Marketplace Project upon the regional welfare The terms and conditions of this Agreement have been found by the City to be fair,dust, and reasonable, and to provide appropriate benefits to the City This Agreement and the development of the Marketplace Project will serve the best interests, and the public health, safety, and welfare of the residents and invitees, of the City and the general public This Agreement will help provide effective and efficient development of Off-Site Improvements and other Required Exactions in the vicinity of the Marketplace Project Area, help maximize effective utilization of resources within the City, increase City tax revenues, and provide other substantial public benefits to the City and its residents by achieving the goals and purposes of the Development Agreement Laws, the Charter of the City of Fresno, the Fresno Municipal Code and the 2025 Fresno General Plan (as amended by the Plan Amendments) 82 Benefits to the Developer The Developer has expended and will continue to expend substantial amounts of time and money on the planning and development of the Marketplace Project In addition, the Developer will expend substantial amounts of time and money for the construction of the Off-Site Improvements and other Required Exactions and for the payment of the Required Development Fees in connection with the Marketplace Project The Developer would not make such expenditures except in reliance upon this Agreement The benefit to the Developer under this Agreement consists of the assurance that the City will preserve the rights of Developer to develop the Marketplace Project Area as planned and as set forth in the Marketplace Approvals and this Agreement 9 Annual Review of Compliance. 9 1 Annual Review City and Developer shall annually review this Agreement, and all actions taken pursuant to the terms of this Agreement with respect to the Marketplace Project in accordance with the provisions of California Government Code Section 65865 1 and this Section 9 The Parties recognize that this Agreement and the Marketplace Approvals and City Permits referenced herein contain extensive requirements (i e , construction standards, landscape standards, etc ) and that evidence of each and every requirement would be a wasteful exercise of the Parties' resources Accordingly, Developer shall be deemed to have satisfied its duty of demonstration if it presents evidence satisfactory to the City of its good faith compliance, as that term is used in Government Code, Section 65865 1, with the material provisions of this Agreement Execution Version DEVELOPMENT AGREEMENT Page 22 of 35 03