2019 05:29 PM - iapps.courts.state.ny.us

Illinois Union Insurance Company Commercial Package

A.M. Best Rated A++ DeclarationsA Chubb Company

This Policy is issued by the stock insurance company listed above ("Insurer").

Policy Number: OGL G4679350A 002

Renewal of: OGL G4679350A 001

Named Insured & Principal Address:

PoK Acquisitions LLC333 Park Ave South, Ste #4New York, NY 10010

Business Description: Vacant Building & Vacant Land

Policy Period: From 07/19/2018 to 07/19/2019 12:01 a.m. local time at the Principal Addressshown in Item A.

Item A. GENERALPremium

Item B. PROPERTYPremium

Item c. Policy Premium:Collection and eminance of pmm!L=m suicilâigas for surplus lines policies are the respcñsiti|iti of the surplus lines broker.Terrorism Premium iñc|üdâd in Annual Premium

Item D. Notice under this Policy shall be given to:Chubb North American ClaimsPO Box 5122

Scranton, PA 18505-0554Toll Free: [email protected]

Page 1 of 3

FILED: DUTCHESS COUNTY CLERK 08/29/2019 05:29 PM INDEX NO. 2019-51414

NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 08/29/2019

Item E. Forms attached at Policy Issuance:

CP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORMCG 21 70 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISMIL 09 52 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISMCP 10 10 10 12 CAUSES OF LOSS - BASIC FORMALL-39844 02 13 CHUBB COMPANIES U.S. PRIVACY NOTICECG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORMCP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONSIL 00 17 11 98 COMMON POLICY CONDITIONSCG 01 63 07 11 NEW YORK CHANGES - COMMERCIAL GENERAL LIABILITY COVERAGE

FORMSL-24693 12 11 NEW YORK SURPLUS LINES NOTIFICATIONWSG-084 05 11 NOTICELD-5S23J 0314 SIGNATURE FORMIL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL

("OFAC") ADVISORY NOTICE TO POLICYHOLDERSCP 04 50 07 88 VACANCY PERMITLD-43208 06 14 CONSTRUCTION OPERATIONS EXCLUSIONLD-43206 EMPLOYERS LIABILITY EXCLUSION - ALL EMPLOYEES, VOLUNTEER

WORKERS, TEMPORARY WORKERS, CASUAL LABORERS, CONTRACTORS,AND SUBCONTRACTORS

CG 21 47 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSIONCG 21 36 03 05 EXCLUSION - NEW ENTITIESCG 21 04 11 85 EXCLUSION - PRODUCTS-COMPLETED OPERATIONS HAZARDLD-43210 06 14 EXPANDED DEFINITION OF BODILY INJURYLD-43239 06 14 EXTERIOR WORK OVER 50 FEET EXCLUSIONLD-43203 06 14 INDEPENDENT CONTRACTORS/SUBCONTRACTORS EXCLUSIONCG 21 44 07 98 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECTLD-43209 06 14 POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD

EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS

LD-43205 06 14 PRE-EXISTING OR PROGRESSlVE DAMAGE EXCLUSIONCG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN

VIOLATION OF LAW EXCLUSIONFA-43198 06 14 ABSOLUTE POLLUTION EXCLUSION - PROPERTYCC45079 AMENDMENT TO COMMON POLICY CONDITIONSFA-43196 06 14 ASBESTOS MATERIAL EXCLUSIONTRIA11c 01 15 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACTFA-43192 06 14 LEAD EXCLUSIONFA-43191 06 14 MAINTENANCE OF HEAT CONDITIONFA-43199 06 14 MOLD, FUNGUS, BACTERIA, VIRUS OR ORGANIC PATHOGEN EXCLUSIONIL 02 68 01 14 NEW YORK CHANGES - CANCELLATION AND NONRENEWALCG 01 04 12 04 NEW YORK CHANGES - PREMlUM AUDITCG 26 21 10 91 NEW YORK CHANGES - TRANSFER OF DUTIES WHEN A LIMIT OF

INSURANCE IS USED UPIL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)FA-43193 06 14 PROTECTIVE DEVICES OR SERVICES PROVISIONSLD-43204 06 14 SECURED VACANT BUILDING CONDITIONSL-34255 SERVICE OF SUIT ENDORSEMENTSL-34255a (01/16) SERVICE OF SUIT ENDORSEMENTCP 10 56 06 07 SPRINKLER LEAKAGE EXCLUSIONALL-21101 11 06 TRADE OR ECONOMIC SANCTIONS ENDORSEMENTCP 10 32 08 08 WATER EXCLUSION ENDORSEMENT

GENERAL LIABILITYGeneral Aggregate Limit $2,000,000

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Products/Completed Operations Aggregate Limit ExcludedPersonal & Advertising Injury Limit $1,000,000Each Occurrence Limit $1,000,000Damage to Premises Rented to You $100,000Medical Expense Limit $5,000

Location of all Premises1 372 Main Street , Poughkeepsie NY 126012 19 Academy Street , Poughkeepsie NY 126013 21 Academy Street , Poughkeepsie NY 126014 23 Academy Street , Poughkeepsie NY 126016 370 Main Street , Poughkeepsie NY 12601

Loc Classification Class Premium Rates PremiumCode Basis Prem/ s PR/CO Prem/Ops PR/CO

1 Vacant Buildings 686062 Vacant Buildings 68606

3 Vacant Buildings 686064 Vacant Buildings 68606

6 Vacant Buildings 68606

6 Contractors - subcontracted work - in connection 91592with renovating Vacant Buildings

Total General Liability Premium

PROPERTYLocation of all Premises

6 370 Main Street Poughkeepsie NY 12601

Loc | Construction Type Square Footage Year Built

6 Masonry Non-combustible 4,800 1940

Loc Coverage(s) | Limit | Co-Ins | Deductible | Valuation Cause of Loss Rate | Premium

6 Building $400,000 80% $1,000 Actual cash Basic Excluding 0.58value Sprinkler Leakage

6 Building $100,000 100% $1,000 Replacement Basic Excluding 0.58Improvements cost Sprinkler Leakage

Total Property Premium

IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned

by a duly authorized representative of the Insurer.

Item F. INSURANCE CENTER SPECIAL RISKS LTD20 GOLD STREET

AGAWAM, 01001

DATE: 06/19/2018 Authorized Representative

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COMMERCIAL PROPERTYCP 00 10 10 12

BUILDING AND PEli50NAL PROPERTYCOVERAGE FORM

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

Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we","us" and "our" refer to the company providing this insurance.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions.

A. Coverage b. Your Business Personal Property consists

We will pay for direct physical loss of or damage to of the following property located in or on the

Covered Property at the premises described in the building or structure described in the

Declarations caused by or resulting from anyDeclarations or in the open (or in a vehicle)

Covered Cause of Loss. within 100 feet of the building or structure orwithin 100 feet of the premises described in

1. Covered Property the Declarations, whichever distance is

Covered Property, as used in this Coverage Part, greater:

means the type of property described in this(1) Furniture and fixtures;

section, A.1., and limited in A.2. Property Not

Covered, if a Limit Of Insurance is shown in the (2) Machinery and equipment;

Declarations for that type of property. (3) "Stock";

a. Building, meaning the building or structure (4) All other personal property owned by youdescribed in the Declarations, including: and used in your business;

(1) Completed additions; (5) Labor, materials or services furnished or

(2) Fixtures, including outdoor fixtures;arranged by you on personal property of

others;(3) Permanently installed: . .

(6) Your use interest as tenant in(a) Machinery; and improvements and betterments.

(b) Equipment; Improvements and betterments are

(4) Personal property owned by you that is fixtures, alterations, installations or

used to maintain or service the building oradditions:

structure or its premises, including: (a) Made a part of the building or structure

(a) Fire-extinguishing equipment;you occupy but do not own; and

(b) Outdoor furniture; (b) You acquired or made at your expensebut cannot legally remove;

(c) Floor coverings; and(7) Leased personal property for which you

(d) Appliances used for refrigerating, have a contractual responsibility to insure,ventilating, cooking, dishwashing or unless otherwise provided for underlaundering; personal Property Of Others.

(5) If not covered by other insurance: c. Personal Property Of Others that is:

(a) Additions under construction, (1) In your care, custody or control; andalterations and repairs to the building or

(2) Located in or on the building or structurestructure; described in the Declarations or in the

(b) Materials, equipment, supplies and open (or in a vehicle) within 100 feet of thetemporary structures, on or within 100 building or structure or within 100 feet offeet of the described premises, used for the premises described in the Declarations,making additions, alterations or repairs whichever distance is greater.to the building or structure.

CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 16



However, our payment for loss of or damage n. Electronic data, except as provided under theto personal property of others will only be for Additional Coverage, Electronic Data.the account of the owner of the property. Electronic data means information, facts or

2. Property Not Covered computer programs stored as or on, created orused on, or transmitted to or from computer

Covered Property does not include: software (including systems and applicationsa. Accounts, bills, currency, food stamps or other software), on hard or floppy disks, CD-ROMs,

evidences of debt, money, notes or securities. tapes, drives, cells, data processing devices or

Lottery tickets held for sale are not securities; any other repositories of computer software

b. Animals, unless owned by others and boardedwhich are used with electronically controlled

by you, or if owned by you, only as "stock" equipment. The term computer programs,

while inside of buildings. referred to in the foregoing description of'

electronic data, means a set of relatedc. Automobiles held for sale; electronic instructions which direct the

d. Bridges, roadways, walks, patios or other operations and functions of a computer or

paved surfaces; device connected to it, which enable the. computer or device to receive, process, store,e. Contraband, or property in the course of illegal

retrieve or send data. This paragraph, n., doestransportation or trade; not apply to your "stock" of prepackaged

f. The cost of excavations, grading, backfilling or software, or to electronic data which isfilling; integrated in and operates or controls the

g. Foundations of buildings, structures, building's elevator, lighting, heating,

machinery or boilers if their foundations are ventilation, air conditioning or security system;

below: o. The cost to replace or restore the information

(1) The lowest basement floor; or on valuable papers and records, including. those which exist as electronic data. Valuable

(2) The surface of the ground, if there is no papers and records include but are not limitedbasement; to proprietary information, books of account,

h. Land (including land on which the property is deeds, manuscripts, abstracts, drawings and

located), water, growing crops or lawns (other card index systems. Refer to the Coveragethan lawns which are part of a vegetated roof); Extension for Valuable Papers And Records

i. Personal property while airborne or (Other Than Electronic Data) for limitedwaterborne. coverage for valuable papers and records

other than those which exist as electronicj. Bulkheads, pilings, piers, wharves or docks; data;k. Property that is covered under another p. vehicles or self-propelled machines (including

coverage form of this or any other policy in aircraft or watercraft) that:which it is more specifically described, except .for the excess of the amount due (whether you (1) Are licensed for use on public roads; or

can collect on it or not) from that other (2) Are operated principally away from the

insurance; described premises.

I. Retaining walls that are not part of a building; This paragraph does not apply to:

m. Underground pipes, flues or drains; (a) Vehicles or self-propelled machines orautos you manufacture, process or

warehouse;

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(b) Vehicles or self-propelled machines, (d) Remove property of others of a type

other than autos, you hold for sale; that would not be Covered Property

(c) Rowboats or canoes out of water at theunder this Coverage Form;

described premises; or (e) Remove deposits of mud or earth from

(d) Trailers, but only to the extent providedthe grounds of the described premises;

for in the Coverage Extension for Non- (f) Extract "pollutants" from land or water;owned Detached Trailers; or or

q. The following property while outside of (g) Remove, restore or replace polluted

buildings: land or water.

(1) Grain, hay, straw or other crops; (3) Subject to the exceptions in Paragraph (4),

(2) Fences, radio or television antennasthe following provisions apply:

(including satellite dishes) and their lead-in (a) The most we will pay for the total of

wiring, masts or towers, trees, shrubs or direct physical loss or damage plus

plants (other than trees, shrubs or plants debris removal expense is the Limit of

which are"stock" or are part of a vegetated Insurance applicable to the Covered

roof), all except as provided in the Property that has sustained loss or

Coverage Extensions. damage.

3. Covered Causes Of Loss (b) Subject to (a) above, the amount we

See applicable Causes Of Loss form as shown inwill pay for debris removal expense islimited to 25% of the sum of the

the Declarations.deductible plus the amount that we pay

4. Additional Coverages for direct physical loss or damage to the

a. Debris Removal Covered Property that has sustainedloss or damage. However, if no

(1) Subject to Paragraphs (2), (3) and (4), weCovered Property has sustained direct

will pay your expense to remove debris ofphysical loss or damage, the most we

Covered Property and other debris that is will pay for removal of debris of otheron the described premises, when such

property (if such removal is covereddebris is caused by or results from a

under this Additional Coverage) isCovered Cause of Loss that occurs during $5,000 at each location.the policy period. The expenses will bepaid only if they are reported to us in (4) We will pay up to an additional $25,000 for

writing within 180 days of the date of direct debris removal expense, for each location,physical loss or damage. in any one occurrence of physical loss or

damage to Covered Property, if one or(2) Debris Removal does not apply to costs to: both of the following circumstances apply:

(a) Remove debris of property of yours that(a) The total of the actual debris removal

is not insured under this policy, orexpense plus the amount we pay for

property in your possession that is notdirect physical loss or damage exceeds

Covered Property; the Limit of Insurance on the Covered

(b) Remove debris of property owned by or Property that has sustained loss orleased to the landlord of the building damage.where your described premises are

(b) The actual debris removal expenselocated, unless you have a contractual

exceeds 25% of the sum of theresponsibility to insure such property deductible plus the amount that we payand it is insured under this policy; for direct physical loss or damage to the

(c) Remove any property that is Property Covered Property that has sustainedNot Covered, including property loss or damage.addressed under the Outdoor PropertyCoverage Extension;




Therefore, if (4)(a) and/or (4)(b) applies, The additional amount payable for debris removalour total payment for direct physical loss or expense is provided in accordance with the terms of

damage and debris removal expense may Paragraph (4), because the debris removal expense

reach but will never exceed the Limit of ($40,000) exceeds 25% of the loss payable plus the

Insurance on the Covered Property that deductible ($40,000 is 50% of $80,000), and because

has sustained loss or damage, plus the sum of the loss payable and debris removal expense

$25,000. ($79,500 + $40,000 = $119,500) would exceed the Limitof Insurance ($90,000). The additional amount of

(5) Examples covered debris removal expense is $25,000, theThe following examples assume that there maximum payable under Paragraph (4). Thus, the totalis no Coinsurance penalty. payable for debris removal expense in this example is

$35,500; $4,500 of the debris removal expense is notExample 1 covered.Limit of Insurance: $ 90,000Amount of Deductible: $ 500

b. Preservation Of Property

Amount of Loss: $ 50,000 If it is necessary to move Covered PropertyAmount of Loss Payable: $ 49,500 from the described premises to preserve it

($50,000 - $500)from loss or damage by a Covered Cause of

Debris Removal Expense: $ 10,000 Loss, we will pay for any direct physical loss

Debris Removal Expense Payable: $ 10,000 or damage to that property:

($10,000 is 20% of $50,000.) (1) While it is being moved or while. temporarily stored at another location; and

The debris removal expense is less than 25% of the sumof the loss payable plus the deductible. The sum of the (2) Only if the loss or damage occurs within 30

loss payable and the debris removal expense ($49,500 + days after the property is first moved.

$10,000 = $59,500) is less than the Limit of Insurance- c. Fire Department Service ChargeTherefore, the full amount of debris removal expense is .payable in accordance with the terms of Paragraph (3).

When the fire department is called to save orprotect Covered Property from a Covered

Example 2 Cause of Loss, we will pay up to $1,000 for

Limit of Insurance: $ 90,000 service at each premises described in the

Amount of Deductible: $ 500 Declarations, unless a higher limit is shown in

Amount of Loss: $ 80,000the Declarations. Such limit is the most we will

Amount of Loss Payable: $ 79,500 pay regardless of the number of respondingfire departments or fire units, and regardless

($80,000 - $500) of the number or type of services performed.Debris Removal Expense: $ 40,000Debris Removal Expense Payable This Additional Coverage applies to your

Basic Amount: $ 10,500 liability for fire department service charges:

Additional Amount: $ 25,000 (1) Assumed by contract or agreement prior to

The basic amount payable for debris removal expense loss; or

under the terms of Paragraph (3) is calculated as (2) Required by local ordinance.

follows: $80,000 ($79,500 + $500) x .25 = $20,000, No Deductible applies to this Additionalcapped at $10,500. The cap applies because the sum of Coverage.the loss payable ($79,500) and the basic amountpayable for debris removal expense ($10,500) cannotexceed the Limit of Insurance ($90,000).




d. Pollutant Clean-up And Removal (5) Under this Additional Coverage, we will not

We will pay your expense to extract pay for:"pollutants" from land or water at the (a) The enforcement of or compliance with

described premises if the discharge, dispersal, any ordinance or law which requires

seepage, migration, release or escape of the demolition, repair, replacement,"pollutants"

is caused by or results from a reconstruction, remodeling or

Covered Cause of Loss that occurs during the remediation of property due to

policy period. The expenses will be paid only if contamination by"pollutants" or due to

they are reported to us in writing within 180 the presence, growth, proliferation,days of the date on which the Covered Cause spread or any activity of "fungus", wet

of Loss occurs. or dry rot or bacteria; or

This Additional Coverage does not apply to (b) Any costs associated with the

costs to test for, monitor or assess the enforcement of or compliance with an

existence, concentration or effects of ordinance or law which requires any"pollutants". But we will pay for testing which is insured or others to test for, monitor,performed in the course of extracting the clean up, remove, contain, treat,"pollutants"

from the land or water. detoxify or neutralize, or in any way

The most we will pay under this Additionalrespond to, or assess the effects of

Coverage for each described premises is "pollutants", "fungus", wet or dry rot or

$10,000 for the sum of all covered expensesbacteria.

arising out of Covered Causes of Loss (6) The most we will pay under this Additional

occurring during each separate 12-month Coverage, for each described buildingperiod of this policy. insured under this Coverage Form, is

e. Increased Cost Of Construction$10,000 or 5% of the Limit of Insuranceapplicable to that building, whichever is

(1) This Additional Coverage applies only to less. If a damaged building is coveredbuildings to which the Replacement Cost under a blanket Limit of Insurance whichOptional Coverage applies· applies to more than one building or item of

(2) In the event of damage by a Covered property, then the most we will pay under

Cause of Loss to a building that is Covered this Additional Coverage, for that damaged

Property, we will pay the increased costs building, is the lesser of $10,000 or 5%

incurred to comply with the minimum times the value of the damaged building as

standards of an ordinance or law in the of the time of loss times the applicable

course of repair, rebuilding or replacement Coinsurance percentage.

of damaged parts of that property, subject The amount payable under this Additionalto the limitations stated in e.(3) through Coverage is additional insurance.e.(9) of this Additional Coverage. .

(7) With respect to this Additional Coverage:(3) The ordinance or law referred to in e.(2) of

this Additional Coverage is an ordinance or (a) We will not pay for the Increased Cost

law that regulates the construction or repairof Construction:

of buildings or establishes zoning or land (i) Until the property is actuallyuse requirements at the described repaired or replaced at the same or

premises and is in force at the time of loss. another premises; and

(4) Under this Additional Coverage, we will not (ii) Unless the repair or replacement is

pay any costs due to an ordinance or law made as soon as reasonablythat: possible after the loss or damage,

(a) You were required to comply withnot to exceed two years. We may

before the loss, even when the buildingextend this period in writing during

was undamaged; andthe two years.

(b) You failed to comply with.




(b) If the building is repaired or replaced at (3) The Covered Causes of Loss applicable to

the same premises, or if you elect to Your Business Personal Property apply to

rebuild at another premises, the most this Additional Coverage, Electronic Data,we will pay for the Increased Cost of subject to the following:

Construction, subject to the provisions(a) If the Causes Of Loss - Special Form

of e.(6) of this Additional Coverage, is applies, coverage under this Additionalthe increased cost of construction at the Coverage, Electronic Data, is limited tosame premises· the "specified causes of loss" as

(c) If the ordinance or law requires defined in that form and Collapse as set

relocation to another premises, the forth in that form.

most we will pay for the Increased Cost(b) If the Causes Of Loss - Broad Form

of Construction, subject to the applies, coverage under this Additionalprovisions of e.(6) of this Additional Coverage, Electronic Data, includesCoverage, is the increased cost of Collapse as set forth in that form.construction at the new premises.

(c) If the Causes Of Loss form is endorsed(8) This Additional Coverage is not subject to to add a Covered Cause of Loss, the

the terms of the Ordinance Or Law additional Covered Cause of Loss doesExclusion to the extent that such Exclusion not apply to the coverage providedwould conflict with the provisions of this under this Additional Coverage,Additional Coverage· Electronic Data.

(9) The costs addressed in the Loss Payment(d) The Covered Causes of Loss include a

and Valuation Conditions and the virus, harmful code or similar instructionReplacement Cost Optional Coverage, in introduced into or enacted on athis Coverage Form, do not include the computer system (including electronicincreased cost attributable to enforcement

data) or a network to which it isof or compliance with an ordinance or law· connected, designed to damage orThe amount payable under this Additional

destroy any part of the system orCoverage, as stated in e.(6) of this disrupt its normal operation. But there isAdditional Coverage, is not subject to such no coverage for loss or damage causedlimitation·

by or resulting from manipulation of a

f. Electronic Data computer system (including electronic

(1) Under this Additional Coverage, electronic data) by any employee, including a

data has the meaning described under temporary or leased employee, or by an

Property Not Covered, Electronic Data. entity retained by you or for you to

This Additional Coverage does not apply to inspect, design, install, modify,

your "stock" of prepackaged software, or to maintain, repair or replace that system.

electronic data which is integrated in andoperates or controls the building's elevator,lighting, heating, ventilation, air

conditioning or security system.

(2) Subject to the provisions of this Additional

Coverage, we will pay for the cost toreplace or restore electronic data whichhas been destroyed or corrupted by aCovered Cause of Loss. To the extent thatelectronic data is not replaced or restored,the loss will be valued at the cost ofreplacement of the media on which theelectronic data was stored, with blankmedia of substantially identical type.




(4) The most we will pay under this Additional (2) Your Business Personal PropertyCoverage, Electronic Data, is $2,500

(a) If this policy covers Your Business(unless a higher limit is shown in the personal Property, you may extend thatDeclarations) for all loss or damage insurance to apply to:sustained in any one policy year,regardless of the number of occurrences of (i) Business personal property,

loss or damage or the number of premises, including such property that you

locations or computer systems involved. If newly acquire, at any location you

loss payment on the first occurrence does acquire other than at fairs, trade

not exhaust this amount, then the balance shows or exhibitions; or

is available for subsequent loss or damage (ii) Business personal property,sustained in but not after that policy year. including such property that youWith respect to an occurrence which newly acquire, located at your newlybegins in one policy year and continues or constructed or acquired buildings atresults in additional loss or damage in a the location described in thesubsequent policy year(s), all loss or Declarations.damage is deemed to be sustained in the The most we will pay for loss orpolicy year in which the occurrence began. damage under this Extension is

5. Coverage Extensions $100,000 at each building.

Except as otherwise provided, the following (b) This Extension does not apply to:Extensions apply to property located in or on the

(¡) personal property of others that isbuilding described in the Declarations or in the

temporarily in your possession inopen (or in a vehicle) within 100 feet of the the course of installing or performingdescribed premises. work on such property; orIf a Coinsurance percentage of 80% or more, or a

(¡¡} personal property of others that isValue Reporting period symbol, is shown in the

temporarily in your possession inDeclarations, you may extend the insurance the course of your manufacturing orprovided by this Coverage Part as follows:

wholesaling activities.a. Newly Acquired Or Constructed Property (3) Period Of Coverage

(1) Buildings With respect to insurance provided underIf this policy covers Building, you may this Coverage Extension for Newlyextend that insurance to apply to: Acquired Or Constructed Property,

(a) Your new buildings while being built on coverage will end when any of the

the described premises; and following first occurs:

(b) Buildings you acquire at locations, other (a) This policy expires;

than the described premises, intended (b) 30 days expire after you acquire thefor: property or begin construction of that

(i) Similar use as the buildingpart of the building that would qualify as

described in the Declarations; or covered property; or

(ii) Use as a warehouse. (c) You report values to us.

The most we will pay for loss or damage We will charge you additional premium for

under this Extension is $250,000 at each values reported from the date you acquire

building. the property or begin construction of thatpart of the building that would qualify ascovered property.




b. Personal Effects And Property Of Others d. Property Off-premises

You may extend the insurance that applies to (1) You may extend the insurance provided byYour Business Personal Property to apply to: this Coverage Form to apply to your

(1) Personal effects owned by you, yourCovered Property while it is away from the

officers, your partners or members, yourdescribed premises, if it is:

managers or your employees. This (a) Temporarily at a location you do not

Extension does not apply to loss or own, lease or operate;damage by theft·

(b) In storage at a location you lease,

(2) Personal property of others in your care, provided the lease was executed after

custody or control. the beginning of the current policy term;

The most we will pay for loss or damageunder this Extension is $2,500 at each (c) At any fair, trade show or exhibition.

described premises. Our payment for loss of(2) This Extension does not apply to property:

or damage to personal property of others will

only be for the account of the owner of the (a) In or on a vehicle; or

property. (b) In the care, custody or control of your

c. Valuable Papers And Records (Other Than salespersons, unless the property is in

Electronic Data)such care, custody or control at a fair,trade show or exhibition.

(1) You may extend the insurance that appliesto Your Business Personal Property to (3) The most we will pay for loss or damage

apply to the cost to replace or restore the under this Extension is $10,000.

lost information on valuable papers and e. Outdoor Propertyrecords for which duplicates do not exist. You may extend the insurance provided byBut this Extension does not apply to this Coverage Form to apply to your outdoorvaluable papers and records which exist as

fences, radio and television antennaselectronic data. Electronic data has the

(including satellite dishes), trees, shrubs andmeaning described under Property Not plants (other than trees, shrubs or plantsCovered, Electronic Data. which are

"stock" or are part of a vegetated

(2) If the Causes Of Loss - Special Form roof), including debris removal expense,applies, coverage under this Extension is caused by or resulting from any of thelimited to the "specified causes of loss"

as following causes of loss if they are Covereddefined in that form and Collapse as set Causes of Loss:forth in that form.

(1) Fire;(3) If the Causes Of Loss - Broad Form

(2)Lightning·

applies, coverage under this Extensionincludes Collapse as set forth in that form. (3) Explosion;

(4) Under this Extension, the most we will pay (4) Riot or Civil Commotion; or

to replace or restore the lost information is (5) Aircraft.$2,500 at each described premises, unless

The most we will pay for loss or damagea higher limit is shown in the Declarations.

under this Extension is $1,000, but not moreSuch amount is additional insurance. We

than $250 for any one tree, shrub or plant.will also pay for the cost of blank material

These limits apply to any one occurrence,for reproducing the records (whether or not

regardless of the types or number of items lostduplicates exist) and (when there is a

or damaged in that occurrence.duplicate) for the cost of labor to transcribeor copy the records. The costs of blankmaterial and labor are subject to theapplicable Limit of Insurance on YourBusiness Personal Property and, therefore,coverage of such costs is not additionalinsurance.




Subject to all aforementioned terms and (2) If the applicable Covered Causes of Losslimitations of coverage, this Coverage form or endorsement contains a limitationExtension includes the expense of removing or exclusion concerning loss or damagefrom the described premises the debris of from sand, dust, sleet, snow, ice or rain to

trees, shrubs and plants which are the property in a structure, such limitation or

property of others, except in the situation in exclusion also applies to property in awhich you are a tenant and such property is portable storage unit.owned by the landlord of the described

(3) Coverage under this Extension:premises.

(a) Will end 90 days after the businessf. Non-owned Detached Trailers personal property has been placed in

(1) You may extend the insurance that applies the storage unit;to Your Business Personal Property to

(b) Does not apply if the storage unit itselfapply to loss or damage to trailers that you has been in use at the describeddo not own, provided that: premises for more than 90 consecutive

(a) The trailer is used in your business; days, even if the business personal

(b) The trailer is in your care, custody or property has been stored there for 90 or

control at the premises described in the fewer days as of the time of loss or

Declarations; and damage.

(c) You have a contractual responsibility to (4) Under this Extension, the most we will pay

pay for loss or damage to the trailer. for the total of all loss or damage tobusiness personal property is $10,000

(2) We will not pay for any loss or damage that (unless a higher limit is indicated in theoccurs: Declarations for such Extension)

(a) While the trailer is attached to any regardless of the number of storage units.

motor vehicle or motorized conveyance, Such limit is part of, not in addition to, thewhether or not the motor vehicle or applicable Limit of Insurance on Your

motorized conveyance is in motion; Business Personal Property. Therefore,

(b) During hitching or unhitchingpayment under this Exterision will not

operations, or when a trailer becomesincrease the applicable Limit of Insurance

accidentally unhitched from a motoron Your Business Personal Property.

vehicle or motorized conveyance. (5) This Extension does not apply to loss or

(3) The most we will pay for loss or damagedamage otherwise covered under this

under this Extension is $5,000, unless aCoverage Form or any endorsement to this

higher limit is shown in the Declarations.Coverage Form or policy, and does not

apply to loss or damage to the storage unit(4) This insurance is excess over the amount itself.

due (whether you can collect on it or not)from any other insurance covering such

Each of these Extensions is additional insuranceunless otherwise indicated. The Additional

property.Condition, Coinsurance, does not apply to these

g. Business Personal Property Temporarily In Extensions.Portable Storage Units . .

B. Exclusions And Limitations(1) You may extend the insurance that applies

to Your Business Personal Property toSee applicable Causes Of Loss form as shown in the

apply to such property while temporarilyDeclarations.

stored in a portable storage unit (including C. Limits Of Insurance

a detached trailer) located within 100 feet The most we will pay for loss or damage in any oneof the building or structure described in the occurrence is the applicable Limit Of InsuranceDeclarations or within 100 feet of the shown in the Declarations.premises described in the Declarations,whichever distance is greater. The most we will pay for loss or damage to outdoor

signs, whether or not the sign is attached to a

building, is $2,500 per sign in any one occurrence.




The amounts of insurance stated in the following Total amount of loss payable:Additional Coverages apply in accordance with the $59,850 + $80,000 = $139,850terms of such coverages and are separate from the

Limit(s) Of Insurance shown in the Declarations for Example 2

any other coverage: (This example, too, assumes there is no Coinsurance

1. Fire Department Service Charge; penalty.)

2. Pollutant Clean-up And Removal; The Deductible and Limits of Insurance are the same asthose in Example 1.

3. Increased Cost Of Construction; and

4. Electronic Data. Loss to Building 1: $ 70,000(Exceeds Limit of Insurance plus Deductible)

Payments under the Preservation Of Property Loss to Building 2: $ 90,000Additional Coverage will not increase the applicable (Exceeds Limit of Insurance plus Deductible)Limit of Insurance. Loss Payable - Building 1: $ 60,000

D. Deductible (Limit of Insurance)

In any one occurrence of loss or damage (hereinafter Loss Payable - Building 2: $ 80,000

referred to as loss), we will first reduce the amount of (Limit of Insurance)loss if required by the Coinsurance Condition or the Total amount of loss payable: $ 140,000

Agreed Value Optional Coverage. If the adjusted E. Loss Conditionsamount of loss is less than or equal to the

Deductible, we will not pay for that loss. If the The following conditions apply in addition to the

adjusted amount of loss exceeds the Deductible, we Common Policy Conditions and the Commercial

will then subtract the Deductible from the adjusted Property Conditions:

amount of loss and will pay the resulting amount or 1. Abandonmentthe Limit of Insurance, whichever is less.

There can be no abandonment of any property toWhen the occurrence involves loss to more than one us.item of Covered Property and separate Limits ofInsurance apply, the losses will not be combined in

2. Appraisal

determining application of the Deductible. But the If we and you disagree on the value of the

Deductible will be applied only once per occurrence. property or the amount of loss, either may makewritten demand for an appraisal of the loss. In this

Example 1event, each party will select a competent and

(This example assumes there is no Coinsurance impartial appraiser. The two appraisers will select

penalty.) an umpire. If they cannot agree, either mayrequest that selection be made by a judge of a

Deductible: $ 250 court having jurisdiction. The appraisers will stateLimit of Insurance - Building 1: $ 60,000

separately the value of the property and amountLimit of Insurance - Building 2: $ 80,000 of loss. If they fail to agree, they will submit theirLoss to Building 1: $ 60,100 differences to the umpire. A decision agreed to byLoss to Building 2: $ 90,000 any two will be binding. Each party will:

The amount of loss to Building 1 ($60,100) is less than a. Pay its chosen appraiser; andthe sum ($60,250) of the Limit of Insurance applicable to b. Bear the other expenses of the appraisal andBuilding 1 plus the Deductible. umpire equally.The Deductible will be subtracted from the amount of If there is an appraisal, we will still retain our rightloss in calculating the loss payable for Building 1: to deny the claim.

$ 60,100 3. Duties In The Event Of Loss Or Damage- 250

$ 59,850 Loss Payable - Building 1a. You must see that the following are done in

the event of loss or damage to CoveredThe Deductible applies once per occurrence and Property:therefore is not subtracted in determining the amount of

(1) Notify the police if a law may have beenloss payable for Building 2. Loss payable for Building 2

brokenis the Limit of Insurance of $80,000.




(2) Give us prompt notice of the loss or 4. Loss Payment

damage. Include a description of the a. In the event of loss or damage covered by thisproperty involved· Coverage Form, at our option, we will either:

(3) As soon as possible, give us a description(1) Pay the value of lost or damaged property;

of how, when and where the loss ordamage occurred. (2) Pay the cost of repairing or replacing the

lost or damaged property, subject to b.(4) Take all reasonable steps to protect the below;

Covered Property from further damage,and keep a record of your expenses (3) Take all or any part of the property at an

necessary to protect the Covered Property,agreed or appraised value; or

for consideration in the settlement of the (4) Repair, rebuild or replace the property withclaim. This will not increase the Limit of other property of like kind and quality,Insurance. However, we will not pay for subject to b. below.

any subsequent loss or damage resulting We will determine the value of lost orfrom a cause of loss that is not a Covered damaged property, or the cost of its repair orCause of Loss. Also, if feasible, set the

replacement, in accordance with thedamaged property aside and in the best applicable terms of the Valuation Condition inpossible order for examination. this Coverage Form or any applicable

(5) At our request, give us complete provision which amends or supersedes theinventories of the damaged and Valuation Condition.undamaged property. Include quantities, b. The cost to repair, rebuild or replace does notcosts, values and amount of loss claimed. include the increased cost attributable to

(6) As often as may be reasonably required, enforcement of or compliance with anypermit us to inspect the property proving ordinance or law regulating the construction,the loss or damage and examine your use or repair of any property.books and records. c. We will give notice of our intentions within 30

Also, permit us to take samples of days after we receive the sworn proof of loss.damaged and undamaged property for d. We will not pay you more than your financialinspection, testing and analysis, and permit interest in the Covered Property.us to make copies from your books andrecords. e. We may adjust losses with the owners of lost

or damaged property if other than you. If we(7) Send us a signed, sworn proof of loss

pay the owners, such payments will satisfycontaining the information we request to your claims against us for the owners'investigate the claim. You must do this property. We will not pay the owners morewithin 60 days after our request. We will than their financial interest in the Coveredsupply you with the necessary forms. Property.

(8) Cooperate with us in the investigation or f. We may elect to defend you against suitssettlement of the claim.

arising from claims of owners of property. Web. We may examine any insured under oath, will do this at our expense.

while not in the presence of any other insured g. We will pay for covered loss or damage withinand at such times as may be reasonably 30 days after we receive the sworn proof ofrequired, about any matter relating to this

loss, if you have complied with all of the termsinsurance or the claim, including an insured's of this Coverage Part, and:books and records. In the event of an

examination, an insured's answers must be (1) We have reached agreement with you on

signed. the amount of loss; or

(2) An appraisal award has been made.




h. A party wall is a wall that separates and is (b) When this policy is issued to the owner

common to adjoining buildings that are owned or general lessee of a building, building

by different parties. In settling covered losses means the entire building. Such

involving a party wall, we will pay a proportion building is vacant unless at least 31%

of the loss to the party wall based on your of its total square footage is:

interest in the wall in proportion to the interest(i) Rented to a lessee or sublessee

of the owner of the adjoining building· and used by the lessee orHowever, if you elect to repair or replace your sublessee to conduct its customarybuilding and the owner of the adjoining operations; and/orbuilding elects not to repair or replace that

building, we will pay you the full value of the (ii) Used by the building owner to

loss to the party wall, subject to all applicable conduct customary operations.

policy provisions including Limits of Insurance, (2) Buildings under construction or renovationthe Valuation and Coinsurance Conditions and are not considered vacant.all other provisions of this Loss Payment b. Vacancy ProvisionsCondition. Our payment under the provisionsof this paragraph does not alter any right of If the building where loss or damage occurs

subrogation we may have against any entity, has been vacant for more than 60 consecutive

including the owner or insurer of the adjoiningdays before that loss or damage occurs:

building, and does not alter the terms of the (1) We will not pay for any loss or damageTransfer Of Rights Of Recovery Against caused by any of the following, even if theyOthers To Us Condition in this policy. are Covered Causes of Loss:

5. Recovered Property (a) Vandalism;

If either you or we recover any property after loss (b) Sprinkler leakage, unless you havesettlement, that party must give the other prompt protected the system against freezing;notice. At your option, the property will be

(c) Building glass breakage;returned to you. You must then return to us theamount we paid to you for the property. We will (d) Water damage;

pay recovery expenses and the expenses to (e) Theft; orrepair the recovered property, subject to the Limitof Insurance. (f) Attempted theft.

6. Vacancy(2) With respect to Covered Causes of Loss

other than those listed in b.(1)(a) througha. Description Of Terms b.(1)(f) above, we will reduce the amount

(1) As used in this Vacancy Condition, the we would otherwise pay for the loss or

term building and the term vacant have the damage by 15%.

meanings set forth in (1)(a) and (1)(b) 7. Valuationbelow

We will determine the value of Covered Property(a) When this policy is issued to a tenant, in the event of loss or damage as follows:

and with respect to that tenant's interestin Covered Property, building means

a. At actual cash value as of the time of loss or

the unit or suite rented or leased to the damage, except as provided in b., c., d. and e.

tenant. Such building is vacant when itbelow.

does not contain enough business b. If the Limit of Insurance for Building satisfies

personal property to conduct customary the Additional Condition, Coinsurance, and the

operations. cost to repair or replace the damaged buildingproperty is $2,500 or less, we will pay the costof building repairs or replacement.




The cost of building repairs or replacement Instead, we will determine the most we will

does not include the increased cost pay using the following steps:

attributable to enforcement of or compliance (1) Multiply the value of Covered Property atwith any ordinance or law regulating the the time of loss by the Coinsuranceconstruction, use or repair of any property. percentage;

However, the following property will be valued (2) Divide the Limit of Insurance of theat the actual cash value, even when attached property by the figure determined in Stepto the building: (1);

(1) Awnings or floor coverings; (3) Multiply the total amount of loss, before the

(2) Appliances for refrigerating, ventilating, application of any deductible, by the figure

cooking, dishwashing or laundering; or determined in Step (2); and

(3) Outdoor equipment or furniture. (4) Subtract the deductible from the figuredetermined in Step (3).

c. "Stock" you have sold but not delivered at the

selling price less discounts and expenses you We will pay the amount determined in Step (4)otherwise would have had. or the Limit of Insurance, whichever is less.

For the remainder, you will either have to relyd. Glass at the cost of replacement with safety-on other insurance or absorb the loss yourself.

glazing material if required by law.

e. Tenants' Improvements and Betterments at: Example 1 (Underinsurance)

(1) Actual cash value of the lost or damaged When: The value of the property is: $ 250,000

property if you make repairs promptly. The Coinsurance percentagefor it is: 80%

(2) A proportion of your original cost if you do The Limit of Insurance for it is: $ 100,000not make repairs promptly. We will

The Deductible is: $ 250determine the proportionate value as

The amount of loss is: $ 40,000follows:

Step (1)(a) Multiply the original cost by the number $250,000 x 80% = $200,000

of days from the loss or damage to the (the minimum amount of insurance to

expiration of the lease; and meet your Coinsurance requirements)

(b) Divide the amount determined in (a)Step (2): $100,000 ÷ $200,000 = .50

above by the number of days from the Step (3): $40,000 x .50 = $20,000

installation of improvements to the Step (4): $20,000 - $250 = $19,750

expiration of the lease· We will pay no more than $19,750. The remainingIf your lease contains a renewal option, the $20,250 is not covered.

expiration of the renewal option period will Example 2 (Adequate Insurance)replace the expiration of the lease in this .procedure. When: The value of the property is: $ 250,000

The Coinsurance percentage(3) Nothing if others pay for repairs or for it is: 80%

replacement. The Limit of Insurance for it is: $ 200,000F. Additional Conditions The Deductible is: $ 250

The following conditions apply in addition to the The amount of loss is: $ 40,000

Common Policy Conditions and the Commercial The minimum amount of insurance to meet yourProperty Conditions: Coinsurance requirement is $200,000 ($250,000 x 80%).1. Coinsurance Therefore, the Limit of Insurance in this example is

If a Coinsurance percentage is shown in the adequate, and no penalty applies. We will pay no more

Declarations, the following condition applies: than $39,750 ($40,000 amount of loss minus thedeductible of $250).

a. We will not pay the full amount of any loss ifthe value of Covered Property at the time ofloss times the Coinsurance percentage shownfor it in the Declarations is greater than theLimit of Insurance for the property.




b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss

more separate items, this condition will apply within 60 days after receiving notice from

to the total of all property to which the limit us of your failure to do so; and

applies·(3) Has notified us of any change in

Example 3 ownership, occupancy or substantialchange in risk known to the

When: The value of the property is: mortgageholder.Building at Location 1: $ 75,000

Building at Location 2: $ 100,000 All of the terms of this Coverage Part will then

Personal Propertyapply directly to the mortgageholder.

at Location 2: $ 75,000 e. If we pay the mortgageholder for any loss or

$ 250,000 damage and deny payment to you because of

The Coinsurance percentage your acts or because you have failed to

for it is: 90% comply with the terms of this Coverage Part:

The Limit of Insurance for (1) The mortgageholder's rights under theBuildings and Personal Property mortgage will be transferred to us to theat Locations 1 and 2 is: $ 180,000 extent of the amount we pay; and

The Deductible is: $ 1,000 (2) The mortgageholder's right to recover theThe amount of loss is: full amount of the mortgageholder's claimBuilding at Location 2: $ 30,000 will not be impaired.Personal Property At our option, we may pay to theat Location 2: $ 20,000 mortgageholder the whole principal on the

$ 50,000 mortgage plus any accrued interest. In thisStep (1): $250,000 x 90% = $225,000 event, your mortgage and note will be

(the minimum amount of insurance to transferred to us and you will pay yourmeet your Coinsurance requirements remaining mortgage debt to us.and to avoid the penalty shown below) f. If we cancel this policy, we will give written

Step (2): $180,000 ÷ $225,000 = .80 notice to the mortgageholder at least:Step (3): $50,000 x .80 = $40,000

Step (4): $40,000 - $1,000 = $39,000 (1) 10 days before the effective date ofcancellation if we cancel for your

We will pay no more than $39,000. The remaining nonpayment of premium; or$11,000 is not covered.

(2) 30 days before the effective date of2. Mortgageholders cancellation if we cancel for any other

a. The term mortgageholder includes trustee. reason.

b. We will pay for covered loss of or damage to g. If we elect not to renew this policy, we will give

buildings or structures to each mortgageholder written notice to the mortgageholder at least

shown in the Declarations in their order of 10 days before the expiration date of this

precedence, as interests may appear. policy.

c. The mortgageholder has the right to receive G. Optional Coverages

loss payment even if the mortgageholder has If shown as applicable in the Declarations, thestarted foreclosure or similar action on the following Optional Coverages apply separately to

building or structure. each item:

d. If we deny your claim because of your acts or 1. Agreed Valuebecause you have failed to comply with the a. The Additional Condition, Coinsurance, doesterms of this Coverage Part, the not apply to Covered Property to which thismortgageholder will still have the right to Optional Coverage applies. We will pay noreceive loss payment if the mortgageholder:

more for loss of or damage to that property(1) Pays any premium due under this than the proportion that the Limit of Insurance

Coverage Part at our request if you have under this Coverage Part for the propertyfailed to do so; bears to the Agreed Value shown for it in the

Declarations.




b. If the expiration date for this Optional (4) "Stock", unless the Including"Stock" option

Coverage shown in the Declarations is not is shown in the Declarations.

extended, the Additional Condition, Under the terms of this Replacement CostCoinsurance, is reinstated and this Optional Optional Coverage,

tenants' improvementsCoverage expires· and betterments are not considered to be the

c. The terms of this Optional Coverage apply personal property of others.

only to loss or damage that occurs: c. You may make a claim for loss or damage

(1) On or after the effective date of this covered by this insurance on an actual cash

Optional Coverage; and value basis instead of on a replacement costbasis. In the event you elect to have loss or

(2) Before the Agreed Value expiration datedamage settled on an actual cash value basis,shown in the Declarations or the policy you may still make a claim for the additional

expiration date, whichever occurs first.coverage this Optional Coverage provides if

2. Inflation Guard you notify us of your intent to do so within 180

a. The Limit of Insurance for property to which days after the loss or damage.

this Optional Coverage applies will d. We will not pay on a replacement cost basisautomatically increase by the annual for any loss or damage:percentage shown in the Declarations.

(1) Until the lost or damaged property isb. The amount of increase will be: actually repaired or replaced; and

(1) The Limit of Insurance that applied on the (2) Unless the repair or replacement is mademost recent of the policy inception date, as soon as reasonably possible after thethe policy anniversary date, or any other loss or damage.policy change amending the Limit of

With respect totenants'

improvements andInsurance, times

betterments, the following also apply:(2) The percentage of annual increase shown

(3) If the conditions in d.(1) and d.(2) abovein the Declarations, expressed as a

are not met the value of tenants'decimal (example: 8% is .08), times

improvements and betterments will be(3) The number of days since the beginning of determined as a proportion of your original

the current policy year or the effective date cost, as set forth in the Valuation Lossof the most recent policy change amending Condition of this Coverage Form; andthe Limit of Insurance, divided by 365.

(4) We will not pay for loss or damage toExample tenants' improvements and betterments if

If: The applicable Limit of Insurance is: $ 100,000 others pay for repairs or replacement.

The annual percentage increase is: 8% e. We will not pay more for loss or damage on aThe number of days since the replacement cost basis than the least of (1),beginning of the policy year (2) or (3), subject to f. below:(or last policy change) is: 146

(1) The Limit of Insurance applicable to theThe amount of increase is: lost or damaged property;$100,000 x .08 x 146 ÷ 365 =

$ 3,200 (2) The cost to replace the lost or damaged

3. Replacement Cost property with other property:

a. Replacement Cost (without deduction for (a) Of comparable material and quality;

depreciation) replaces Actual Cash Value in and

the Valuation Loss Condition of this Coverage (b) Used for the same purpose; orForm·

(3) The amount actually spent that isb. This Optional Coverage does not apply to: necessary to repair or replace the lost or

(1) Personal property of others;damaged property.

(2) Contents of a residence;If a building is rebuilt at a new premises, thecost described in e.(2) above is limited to the

(3) Works of art, antiques or rare articles, cost which would have been incurred if theincluding etchings, pictures, statuary, building had been rebuilt at the originalmarbles, bronzes, porcelains and bric-a-

premises.brac; or




f. The cost of repair or replacement does not H. Definitions

include the increased cost attributable to 1. "Fungus" means any type or form of fungus,enforcement of or compliance with any including mold or mildew, and any mycotoxins,ordinance or law regulating the construction, spores, scents or by-products produced oruse or repair of any property· released by fungi.

4. Extension Of Replacement Cost To Personal 2. "Pollutants" means any solid, liquid, gaseous orProperty Of Others thermal irritant or contaminant, including smoke,a. If the Replacement Cost Optional Coverage is vapor, soot, fumes, acids, alkalis, chemicals and

shown as applicable in the Declarations, then waste. Waste includes materials to be recycled,this Extension may also be shown as reconditioned or reclaimed.

applicable. If the Declarations show this 3. "Stock"means merchandise held in storage or for

Extension as applicable, then Paragraph sale, raw materials and in-process or finished3.b.(1) of the Replacement Cost Optional goods, including supplies used in their packing orCoverage is deleted and all other provisions of shipping.the Replacement Cost Optional Coverage

apply to replacement cost on personal

property of others.

b. With respect to replacement cost on thepersonal property of others, the followinglimitation applies:

If an item(s) of personal property of others issubject to a written contract which governsyour liability for loss or damage to that item(s),then valuation of that item(s) will be based onthe amount for which you are liable undersuch contract, but not to exceed the lesser ofthe replacement cost of the property or theapplicable Limit of Insurance.




COMMERCIAL GENERAL LIABILITYCG 21 70 01 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

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

A. If aggregate insured losses attributable to terrorist 2. The act is a violent act or an act that isacts certified under the federal Terrorism Risk dangerous to human life, property orInsurance Act exceed $100 billion in a calendar infrastructure and is committed by anyear and we have met our insurer deductible individual or individuals as part of an effortunder the Terrorism Risk Insurance Act, we shall to coerce the civilian population of thenot be liable for the payment of any portion of the United States or to influence the policy oramount of such losses that exceeds $100 billion, affect the conduct of the United Statesand in such case insured losses up to that amount Government by coercion.are subject to pro rata allocation in accordance B. The terms and limitations of any terrorismwith procedures established by the Secretary of

exclusion, or the inapplicability or omission of athe Treasury. terrorism exclusion, do not serve to create"Certified act of terrorism"

means an act that is coverage for injury or damage that is otherwisecertified by the Secretary of the Treasury, in excluded under this Coverage Part.accordance with the provisions of the federalTerrorism Risk Insurance Act, to be an act ofterrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Act fora "certified act of terrorism"

include the following:

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

CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1



IL 09 52 01 15


CAP ON LOSSES FROM CERTIFIED ACTS OFTERRORISM


BOlLER AND MACHINERY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTSTANDARD PROPERTY POLICY

A. Cap On Certified Terrorism Losses If aggregate insured losses attributable to

"Certified act of terrorism" means an act that is terrorist acts certified under the Terrorism Risk

certified by the Secretary of the Treasury, in Insurance Act exceed $100 billion in a calendar

accordance with the provisions of the federal year and we have met our insurer deductible

Terrorism Risk Insurance Act, to be an act of under the Terrorism Risk Insurance Act, we shall

terrorism pursuant to such Act. The criteria not be liable for the payment of any portion of the

contained in the Terrorism Risk Insurance Act for amount of such losses that exceeds $100 billion,

a "certified act of terrorism" include the following: and in such case insured losses up to thatamount are subject to pro rata allocation in

1. The act resulted in insured losses in excess of accordance with procedures established by the$5 million in the aggregate, attributable to all

Secretary of the Treasury.types of insurance subject to the TerrorismRisk Insurance Act; and B. Application Of Exclusions

2. The act is a violent act or an act that is The terms and limitations of any terrorism

dangerous to human life, property or exclusion, or the inapplicability or omission of a

infrastructure and is committed by an terrorism exclusion, do not serve to create

individual or individuals as part of an effort to coverage for any loss which would otherwise be

coerce the civilian population of the United excluded under this Coverage Part or Policy,

States or to influence the policy or affect the such as losses excluded by the Nuclear Hazard

conduct of the United States Government byExclusion or the War And Military Action

coercion. Exclusion.

IL 09 52 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1




CAUSES OF LOSS - BASIC FORM

Words and phrases that appear in quotation marks have special meaning. Refer to Section E. Definitions.

A. Covered Causes Of Loss a. Acts of striking employees while occupying

When Basic is shown in the Declarations, Covered the described premises; and

Causes of Loss means the following: b. Looting occurring at the time and place of a

1. Fire. riot or civil commotion.

2. Lightning. 8. Vandalism, meaning willful and maliciousdamage to, or destruction of, the described

3. Explosion, including the explosion of gases or property.fuel within the furnace of any fired vessel orwithin the flues or passages through which the We will not pay for loss or damage caused by

gases of combustion pass. This cause of loss or resulting from theft, except for building

does not include loss or damage by: damage caused by the breaking in or exiting ofburglars.

a. Rupture, bursting or operation of pressure-

relief devices; or 9. Sprinkler Leakage, meaning leakage ordischarge of any substance from an Automatic

b. Rupture or bursting due to expansion or Sprinkler System, including collapse of a tankswelling of the contents of any building or that is part of the system.structure, caused by or resulting fromwater. If the building or structure containing the

Automatic Sprinkler System is Covered4. Windstorm or Hail, but not including: Property, we will also pay the cost to:

a. Frost or cold weather; a. Repair or replace damaged parts of theb. Ice (other than hail), snow or sleet, whether Automatic Sprinkler System if the damage:

driven by wind or not; (1) Results in sprinkler leakage; or

c. Loss or damage to the interior of any (2) Is directly caused by freezing.building or structure, or the property insidethe building or structure, caused by rain,

b. Tear out and replace any part of the

snow, sand or dust, whether driven by wind building or structure to repair damage to the

or not, unless the building or structure first Automatic Sprinkler System that has

sustains wind or hail damage to its roof or resulted in sprinkler leakage.

walls through which the rain, snow, sand or Automatic Sprinkler System means:dust enters; or

(1) Any automatic fire-protective ord. Loss or damage by hail to lawns, trees, extinguishing system, including

shrubs or plants which are part of a connected:vegetated roof.

(a) Sprinklers and discharge nozzles;5. Smoke causing sudden and accidental loss or

(b) Ducts, pipes, valves and fittings;damage. This cause of loss does not includesmoke from agricultural smudging or industrial (c) Tanks, their component parts and

operations. supports; and

6. Aircraft or Vehicles, meaning only physical (d) Pumps and private fire protection

contact of an aircraft, a spacecraft, a self- mains.

propelled missile, a vehicle or an object thrown (2) When supplied from an automatic fire-

up by a vehicle with the described property or protective system:with the building or structure containing the

(a) Non-automatic fire-protectivedescribed property. This cause of loss includes

. systems; andloss or damage by objects falling from aircraft.

(b) Hydrants, standpipes and outlets.We will not pay for loss or damage caused byor resulting from vehicles you own or which are 10. Sinkhole Collapse, meaning loss or damage

operated in the course of your business. caused by the sudden sinking or collapse of. . land into underground empty spaces created

7. Riot or Civil Commotion, including:




by the action of water on limestone or dolomite. rising or shifting related to such event;This cause of loss does not include:

(3) Mine subsidence, meaning subsidencea. The cost of filling sinkholes; or of a man-made mine, whether or not

b. Sinking or collapse of land into man-made mining activity has ceased;

underground cavities. (4) Earth sinking (other than sinkhole

11. Volcanic Action, meaning direct loss or collapse), rising or shifting including soil

damage resulting from the eruption of a conditions which cause settling,

volcano when the loss or damage is caused cracking or other disarrangement of

by: foundations or other parts of realty. Soilconditions include contraction,

a. Airborne volcanic blast or airborne shock expansion, freezing, thawing, erosion,waves; improperly compacted soil and the

b. Ash, dust or particulate matter; or action of water under the ground

c. Lava flow.surface.

With respect to coverage for Volcanic Action asBut if Earth Movement, as described in

set forth in 11.a., 11.b. and 11.c., all volcanic b.(1) through (4) above, results in fire or

eruptions that occur within any 168-hour period explosion, we will pay for the loss or

will constitute a single occurrence.damage caused by that fire or explosion.

This cause of loss does not include the cost to (5) Volcanic eruption, explosion or effusion.

remove ash, dust or particulate matter thatBut if volcanic eruption, explosion or

does not cause direct physical loss or damageeffusion results in fire or Volcanic

to the described property. Action, we will pay for the loss ordamage caused by that fire or Volcanic

B. Exclusions Action.

1. We will not pay for loss or damage caused This exclusion applies regardless ofdirectly or indirectly by any of the following. whether any of the above, in ParagraphsSuch loss or damage is excluded regardless of (1) through (5), is caused by an act ofany other cause or event that contributes nature or is otherwise caused.concurrently or in any sequence to the loss.

c. Governmental Actiona. Ordinance Or Law

Seizure or destruction of property by orderThe enforcement of or compliance with any of governmental authority.ordinance or law:

But we will pay for loss or damage caused(1) Regulating the construction, use or by or resulting from acts of destruction

repair of any property; or ordered by governmental authority and

(2) Requiring the tearing down of any taken at the time of a fire to prevent its

property, including the cost of removing spread, if the fire would be covered under

its debris. this Coverage Part.

This exclusion, Ordinance Or Law, applies d. Nuclear Hazard

whether the loss results from: Nuclear reaction or radiation, or radioactive

(a) An ordinance or law that is enforced contamination, however caused.

even if the property has not been But if nuclear reaction or radiation, ordamaged; or radioactive contamination, results in fire, we

(b) The increased costs incurred to will pay for the loss or damage caused by

comply with an ordinance or law in that fire.

the course of construction, repair, e. Utility Servicesrenovation, remodeling or demolition

The failure of power, communication, waterof property, or removal of its debris, or other utility service supplied to thefollowing a physical loss to that

described premises, however caused, if theproperty.

failure:b. Earth Movement

(1) Originates away from the described(1) Earthquake, including tremors and premises; or

aftershocks and any earth sinking, rising(2) Originates at the described premises,or shifting related to such event; but only if such failure involves

(2) Landslide, including any earth sinking, equipment used to supply the utility




service to the described premises from or material carried or otherwise moveda source away from the described by mudslide or mudflow.premises. This exclusion applies regardless of

Failure of any utility service includes lack of whether any of the above, in Paragraphssufficient capacity and reduction in supply. (1) through (5), is caused by an act of

Loss or damage caused by a surge of nature or is otherwise caused. An example

power is also excluded, if the surge would of a situation to which this exclusion applies

not have occurred but for an event causingis the situation where a dam, levee, seawall

a failure of power. or other boundary or containment systemfails in whole or in part, for any reason, to

But if the failure or surge of power, or the contain the water.failure of communication, water or other .

utility service, results in a Covered Cause of But if any of the above, in Paragraphs (1)

Loss, we will pay for the loss or damage through (5), results in fire, explosion or

caused by that Covered Cause of Loss. sprinkler leakage, we will pay for the loss ordamage caused by that fire, explosion or

Communication services include but are not sprinkler leakage (if sprinkler leakage is alimited to service relating to Internet access Covered Cause of Loss).or access to any electronic, cellular orsatellite network. h. "Fungus", Wet Rot, Dry Rot And

Bacteriaf. War And Military Action

Presence, growth, proliferation, spread or(1) War, including undeclared or civil war; any activity of "fungus", wet or dry rot or

(2) Warlike action by a military force, bacteria.

including action in hindering or But if "fungus", wet or dry rot or bacteriadefending against an actual or expected result in a Covered Cause of Loss, we willattack, by any government, sovereign or

pay for the loss or damage caused by thatother authority using military personnel Covered Cause of Loss.or other agents; or

This exclusion does not apply:(3) Insurrection, rebellion, revolution,

usurped power, or action taken by (1) When "fungus", wet or dry rot or bacteria

governmental authority in hindering or result from fire or lightning; or

defending against any of these. (2) To the extent that coverage is provided

g. Water in the Additional Coverage, LimitedCoverage For "Fungus", Wet Rot, Dry

(1) Flood, surface water, waves (including Rot And Bacteria, with respect to loss ortidal wave and tsunami), tides, tidal damage by a cause of loss other thanwater, overflow of any body of water, or fire or lightning.spray from any of these, all whether ornot driven by wind (including storm Exclusions B.1.a. through B.1.h. apply whethersurge). or not the loss event results in widespread

damage or affects a substantial area.(2) Mudslide or mudflow;

(3) Water that backs up or overflows or isotherwise discharged from a sewer,drain, sump, sump pump or related

equipment;

(4) Water under the ground surface

pressing on, or flowing or seepingthrough:

(a) Foundations, walls, floors or paved

surfaces;

(b) Basements, whether paved or not; or

(c) Doors, windows or other openings;or

(5) Waterborne material carried orotherwise moved by any of the waterreferred to in Paragraph (1), (3) or (4),




2. We will not pay for loss or damage caused by f. Neglect of an insured to use all reasonableor resulting from: means to save and preserve property from

a. Artificially generated electrical, magnetic orfurther damage at and after the time of loss.

electromagnetic energy that damages, 3. Special Exclusions

disturbs, disrupts or otherwise interferes The following provisions apply only to thewith any: specified Coverage Forms:

(1) Electrical or electronic wire, device, a. Business Income (And Extra Expense)appliance, system or network; or Coverage Form, Business Income

(2) Device, appliance, system or network (Without Extra Expense) Coverage Form,

utilizing cellular or satellite technology. Or Extra Expense Coverage Form

For the purpose of this exclusion, electrical, We will not pay for:

magnetic or electromagnetic energy (1) Any loss caused by or resulting from:includes but is not limited to:

(a) Damage or destruction of "finished(a) Electrical current, including arcing; stock"; or

(b) Electrical charge produced or(b) The time required to reproduce

conducted by a magnetic or "finished stock".electromagnetic field;

This exclusion does not apply to Extra(c) Pulse of electromagnetic energy; or Expense.

(d) Electromagnetic waves or(2) Any loss caused by or resulting from

microwaves. direct physical loss or damage to radio

But if fire results, we will pay for the loss or or television antennas (including satellite

damage caused by that fire. dishes) and their lead-in wiring, masts or

b. Rupture or bursting of water pipes (othertowers.

than Automatic Sprinkler Systems) unless (3) Any increase of loss caused by or

caused by a Covered Cause of Loss. resulting from:

c. Leakage or discharge of water or steam (a) Delay in rebuilding, repairing or

from any part of a system or appliance replacing the property or resuming

containing water or steam (other than an "operations", due to interference at

Automatic Sprinkler System), unless the the location of the rebuilding, repair

leakage or discharge occurs because the or replacement by strikers or other

system or appliance was damaged by a persons; or

Covered Cause of Loss. But we will not pay (b) Suspension, lapse or cancellation offor loss or damage caused by or resulting any license, lease or contract. But iffrom continuous or repeated seepage or the suspension, lapse or cancellationleakage of water, or the presence or is directly caused by thecondensation of humidity, moisture or "suspension" of "operations", we willvapor, that occurs over a period of 14 days cover such loss that affects youror more· Business Income during the "period

d. Explosion of steam boilers, steam pipes, of restoration"and any extension of

steam engines or steam turbines owned or the "period of restoration" in

leased by you, or operated under your accordance with the terms of thecontrol. Extended Business Income

But if explosion of steam boilers steamAdditional Coverage and the

pipes, steam engines or steam turbinesExtended Penod Of Indemnity

results in fire or combustion explosion, weOptional Coverage or any variation

will pay for the loss or damage caused byof these.

that fire or combustion explosion. (4) Any Extra Expense caused by or

e. Mechanical breakdown, including rupture or resulting from suspension, lapse or

bursting caused by centrifugal force.cancellation of any license, lease orcontract beyond the "period of

But if mechanical breakdown results in a restoration".Covered Cause of Loss, we will pay for theloss or damage caused by that Covered (5) Any other consequential loss.

Cause of Loss. b. Leasehold Interest Coverage Form




(1) Paragraph B.1.a., Ordinance Or Law, used to save and preserve the property fromdoes not apply to insurance under this further damage at the time of and after thatCoverage Form. occurrence:

(2) We will not pay for any loss caused by: a. A Covered Cause of Loss other than fire or

(a) Your cancelling the lease; lightning; or

(b) The suspension, lapse or b. Flood, if the Flood Coverage Endorsement

cancellation of any license; or applies to the affected premises.

(c) Any other consequential loss. This Additional Coverage does not apply to

lawns, trees, shrubs or plants which are part ofc. Legal Liability Coverage Form a vegetated roof.

(1) The following exclusions do not apply to 2. We will pay for loss or damage by "fungus",insurance under this Coverage Form: wet or dry rot or bacteria. As used in this

(a) Paragraph B.1.a. Ordinance Or Law; Limited Coverage, the term loss or damage

(b) Paragraph B.1.c. Governmentalmeans:

Action; a. Direct physical loss or damage to Covered

(c) Paragraph B.1.d. Nuclear Hazard; Property caused by "fungus", wet or dry rotor bacteria, including the cost of removal of

(d) Paragraph B.1.e. Utility Services; the "fungus", wet or dry rot or bacteria;and

b. The cost to tear out and replace any part of(e) Paragraph B.1.f. War And Military the building or other property as needed to

Action- gain access to the "fungus", wet or dry rot

(2) The following additional exclusions or bacteria; and

apply to insurance under this Coverage c. The cost of testing performed after removal,Form: repair, replacement or restoration of the

(a) Contractual Liability damaged property is completed, provided

We will not defend any claim orthere is a reason to believe that "fungus",

"suit", or pay damages that you arewet or dry rot or bacteria are present.

legally liable to pay, solely by reason 3. The coverage described under C.2. of this

of your assumption of liability in a Limited Coverage is limited to $15,000.

contract or agreement. But this Regardless of the number of claims, this limit is

exclusion does not apply to a written the most we will pay for the total of all loss or

lease agreement in which you have damage arising out of all occurrences of

assumed liability for building damage Covered Causes of Loss (other than fire or

resulting from an actual or attempted lightning) and Flood which take place in a 12-

burglary or robbery, provided that: month period (starting with the beginning of the

(i) Your assumption of liability waspresent annual policy period). With respect to a

executed prior to the accidentparticular occurrence of loss which results in

andfungus , wet or dry rot or bacteria, we will not

pay more than a total of $15,000 even if the(ii) The building is Covered Property "fungus", wet or dry rot or bacteria continue to

under this Coverage Form. be present or active, or recur, in a later policy

(b) Nuclear Hazard period.

We will not defend any claim or 4. The coverage provided under this Limited

"suit", or pay any damages, loss, Coverage does not increase the applicable

expense or obligation, resulting from Limit of Insurance on any Covered Property. If

nuclear reaction or radiation, or a particular occurrence results in loss or

radioactive contamination, however damage by "fungus", wet or dry rot or bacteria,

caused. and other loss or damage, we will not paymore, for the total of all loss or damage, than

C. Additional Coverage - Limited Coverage For the applicable Limit of Insurance on the"Fungus", Wet Rot, Dry Rot And Bacteria affected Covered Property.1. The coverage described in C.2. and C.6. only If there is covered loss or damage to Covered

applies when the "fungus", wet or dry rot orProperty, not caused by "fungus", wet or dry rot

bacteria are the result of one or more of the or bacteria, loss payment will not be limited byfollowing causes that occur during the policy the terms of this Limited Coverage, except toperiod and only if all reasonable means were the extent that "fungus", wet or dry rot or




bacteria cause an increase in the loss. Any b. If a covered "suspension" of "operations"

such increase in the loss will be subject to the was caused by loss or damage other thanterms of this Limited Coverage. "fungus", wet or dry rot or bacteria but

5. The terms of this Limited Coverage do not remediation of "fungus", wet or dry rot or

increase or reduce the coverage provided bacteria prolongs the "period of

under Paragraph b. of Covered Causes Of restoration", we will pay for loss and/or

Loss 9. Sprinkler Leakage. expense sustained during the delay

6. The following, 6.a. or 6.b., applies only if (regardless of when such a delay occurs

Business Income and/or Extra Expense during the "period of restoration"), but such

Coverage applies to the described premises coverage is limited to 30 days. The days

and only if the "suspension" of"operations" need not be consecutive.

satisfies all terms and conditions of the D. Limitationapplicable Business Income and/or ExtraExpense Coverage Form:

We will pay for loss of animals only if they arekilled or their destruction is made necessary.

a. If the loss which resulted in "fungus", wet or. . E. Definitions

dry rot or bacteria does not in itselfnecessitate a "suspension" of "operations",

"Fungus" means any type or form of fungus,but such "suspension"

is necessary due to including mold or mildew, and any mycotoxins,loss or damage to property caused by spores, scents or by-products produced or

"fungus", wet or dry rot or bacteria, then our released by fungi.

payment under Business Income and/orExtra Expense is limited to the amount ofloss and/or expense sustained in a periodof not more than 30 days. The days neednot be consecutive.




C H U --CHUBB COMPANIESU.S. PRIVACY NOTICE

M

WHAT DOES THE CHUBB COMPANIES DO WITH YOUR PERSONALINFORMATION?Insurance companies choose how they share your perscñal information. Federal and state law givesconsumers the right to limit some but not all shar|ñg. Federal and state law also requires us to tell youhow we collect, share, and protect your personal information. Please read this notice carefully tounderstand what we do.

The types of personal information we collect and share depend on the produd or service you havewith us. This information can include:

• Social Security number and payment historyWhat? • insurance claim history and medical informaticñ

• account transactions and credit scores

When you are no longer our customer, we œñtiñüê to share |ñfarmation about you as described in thisnotice.

AII iñsurañce companies need to sharecustomers'

personal information to run their everydaybu9!necc In the section below, we list the reasons insurance companies can share their

customere'

personal information; the reasons the Chubb Group chooses to share; and whether you can limit thissharing.

Reasons we can share your . . .Does Chubb share? Can you hmit this sharing?

personal information

For our everyday business purposes - suchas to process your transactions, maintain your

Yes Noaccount(s), respond to court orders and legal

irivestiget!ons, or report to credit bureaue

For our marketing purposes - to offer our Yes Noproducts and services to you

For joint marketing with other financial Yes NocompaniesFor our affiliates'

everyday business Yes Nopurposes - information about yourtransed!ons and experiences

For our affiliates'everyday business No We don't share

purposes - information about yourcreditworthiness

For our affiliates to market to you No We don't share

For nonaffiliates to market to you No We don't share

Call 1-800-352-4462 or go to www.chubb.comJus-an!contact-us/general-inquiry-form.aspx

ALL-39844 (02/13) Page 1 of 3



Who is providing this The Chubb Companies. A list of these companies is located at the end of this document.

notice?

How does Chubb To protect your personal information from unauthorized access and use, we use securityprotect my personal measures that comply with federal law. These measures include computer safeguards and

information? secured files and buildings.

We restrict access to personal information to our employees,affiliates'

employees, orothers who need to know that information to service the account or to conduct our normalbusiness operations.

How does Chubb

collect my personal We collect your personal information, for example, when you

information?• apply for insurance or pay insurance premiums• file an insurance claim or provide account information• give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates, orother companies.

Why can't I limit all Federal law gives you the right to limit onlysharing?

• sharing foraffiliates'

everyday business purposes - information about yourcreditworthiness

• affiliates from using your information to market to you• sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. Seebelow for more on your rights under state law.

AffiliatesCompanies related by common ownership or control. They can be financial andnonfinancial companies.

• Our affiliates include those with an Chubb name and financial companies, such asWestchester Fire Insurance Company and ESIS, Inc.

NonaffiliatesCompanies not related by common ownership or control. They can be financial andnonfinancial companies.

• Chubb does not share with nonaffiliates so they can market to you.

Joint MarketingA formal agreement between nonaffiliated financial companies that together marketfinancial products or services to you.

• Our joint marketing partners include categories of companies such as banks.

ALL-39844 (02/13) Page 2 of 3



For Insurance Customers in CA, CT, GA, IL, MA, ME, MN, MT, NC, NJ, OH, OR, and VA only: Under state law, youhave the right see the personal information about you that we have on file. To see your information, write ChubbCustomer Services, P.O. Box 1000, 436 Walnut Street, WA04B, Philadelphia, PA 19106. Chubb may charge areasonable fee to cover the costs of providing this information. If you think any of the information is wrong, you maywrite us. We will let you know what actions we take. If you do not agree with our actions, you may send us a statement.If you want a full description of privacy rights that we will protect in accordance with the law in your home state, pleasecontact us and we will provide it. We may disclose information to certain third parties, such as law enforcement officers,without your permission.

For Nevada residents only: We may contact our existing customers by telephone to offer additional insurance productsthat we believe may be of interest to you. Under state law, you have the right to opt out of these calls by adding yourname to our internal do-not-call list. To opt out of these calls, or for more information about your opt out rights, pleasecontact our customer service department. You can reach us by calling 1-800-352-4462, emailing us at [email protected],or writing to P.O. Box 1000, 436 Walnut Street, WA04B, Philadelphia, PA 19106. You are being provided this noticeunder Nevada state law. In addition to contacting Chubb, Nevada residents can contact the Nevada Attorney Generalfor more information about your opt out rights by calling 775-684-1100, emailing [email protected], or by writing to:Office of the Attorney General, Nevada Department of Justice, Bureau of Consumer Protection: 100 North Carson

Street, Carson City, NV 89701.

For Vermont residents only: Under state law, we will not share information about your creditworthiness within ourcorporate family except with your authorization or consent, but we may share information about our transactions orexperiences with you within our corporate family without your consent.

Chubb Companies use the names: ACE American Insurance Company, ACE Fire Underwriters Insurance Company, ACE Insurance

Company of the Midwest, ACE Property and Casualty Insurance Company, Atlantic Employers Insurance Company, BankersStandard Fire and Marine Company, Bankers Standard Insurance Company, Century Indemnity Company, Illinois Union Insurance

Company, Indemnity Insurance Company of North America, Insurance Company of North America, Pacific Employers Insurance

Company, Westchester Fire Insurance Company, Westchester Surplus Lines Insurance Company, ESIS, Inc., Combined Insurance

Company of America, Combined Life Insurance Company of New York, Penn Millers Insurance Company, Agri General Insurance

Company

ALL-39844 (02/13) Page 3 of 3




COMMERCIAL GENERAL UÄBILITY COVERAGE FORM

Various provisions in this policy restrict coverage. Read the b. This insurance applies to "bodilyinjury" and

entire policy carefully to determine rights, duties and what is "propertydamage"

only if:and is not covered.

(1) The "bodilyinjury" or "property

damage" isThroughout this policy the words

"you"and

"your" refer to caused by an "occurrence" that takes place inthe Named Insured shown in the Declarations, and any the "coverage territory";other person or organization qualifying as a Named Insured


damage" occursunder this policy. The words "we",

"us"and

"our" refer toduring the policy period; and

the company providing this insurance.(3) Prior to the policy period, no insured listed under

The word insured means any person or organization Paragraph 1. of Section II - Who Is An Insuredqualifying as such under Section II - Who Is An Insured. and no "employee" authorized by you to give orOther words and phrases that appear in quotation marks receive notice of an "occurrence" or claim, knewhave special meaning. Refer to Section V -Definitions. that the "bodily

injury" or "propertydamage" had

SECTION I - COVERAGES occurred, in whole or in part. If such a listedinsured or authorized

"employee"knew, prior to

COVERAGE A BODILY INJURY AND PROPERTY the policy period, that the "bodilyinjury" or

DAMAGE LIABILITY"property

damage"occurred, then any

1. Insuring Agreement continuation, change or resumption of such

a. We will pay those sums that the insured becomes "bodilyinjury" or "property

damage"during or

legally obligated to pay as damages because ofafter the policy period will be deemed to have

"bodilyinjury" or "property

damage"to which this

been known prior to the policy period.

insurance applies. We will have the right and duty to c. "Bodilyinjury" or "property

damage" which occurs

defend the insured against any"suit"

seeking those during the policy period and was not, prior to thedamages. However, we will have no duty to defend policy period, known to have occurred by anythe insured against any

"suit"seeking damages for insured listed under Paragraph 1. of Section II -


damage"to which this Who Is An Insured or any

"employee"authorized by

insurance does not apply. We may, at our discretion, you to give or receive notice of an "occurrence" or

investigate any"occurrence" and settle any claim or claim, includes any continuation, change or

"suit"that may result. But: resumption of that "bodily

injury" or "property

(1) The amount we will pay for damages is limited asdamage" after the end of the policy period.

described in Section III - Limits Of Insurance; d. "Bodilyinjury" or "property

damage" will be deemed

and to have been known to have occurred at the earliest

(2) Our right and duty to defend ends when we have time when any insured listed under Paragraph 1. of

used up the applicable limit of insurance in theSection II - Who Is An Insured or any

"employee"

payment of judgments or settlements underauthorized by you to give or receive notice of an

Coverages A or B or medical expenses under occurrence or claim:

Coverage C. (1) Reports all, or any part, of the "bodilyinjury" or

No other obligation or liability to pay sums or perform acts "propertydamage" to us or any other insurer;

or services is covered unless explicitly provided for under (2) Receives a written or verbal demand or claim forSupplementary Payments - Coverages A and B. damages because of the "bodily

injury" or

"property damage"; or

(3) Becomes aware by any other means that "bodilyinjury" or "propertydamage" has occurred or has

begun to occur.

CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16



e. Damages because of "bodilyinjury" include c. Liquor Liability

damages claimed by any person or organization for"Bodily

injury" or "propertydamage" for which any

care, loss of services or death resulting at any time insured may be held liable by reason of:from the "bodily injury".

(1) Causing or contributing to the intoxication of any2. Exclusions

person;This insurance does not apply to:

(2) The furnishing of alcoholic beverages to a persona. Expected Or Intended Injury under the legal drinking age or under the

"Bodilyinjury" or "property

damage"expected or influence of alcohol; or

intended from the standpoint of the insured. This (3) Any statute, ordinance or regulation relating toexclusion does not apply to "bodily

injury"resulting the sale, gift, distribution or use of alcoholic

from the use of reasonable force to protect persons beverages.or property. This exclusion applies only if you are in the business

b. Contractual Liability of manufacturing, distributing, selling, serving or

"Bodilyinjury" or "property

damage"for which the furnishing alcoholic beverages.

insured is obligated to pay damages by reason of the d. Workers' Compensation And Similar Lawsassumption of liability in a contract or agreement.

Any obligation of the insured under a workers'This exclusion does not apply to liability for

compensation, disability benefits or unemploymentdamages: compensation law or any similar law.

(1) That the insured would have in the absence of e. Employer's Liabilitythe contract or agreement; or

"Bodilyinjury" to:

(2) Assumed in a contract or agreement that is an"insured contract", provided the "bodily

injury" or (1) An "employee" of the insured arising out of and in

"propertydamage"

occurs subsequent to the the course of:

execution of the contract or agreement. Solely for (a) Employment by the insured; orthe purposes of liability assumed in an "insured

(b) Performing duties related to the conduct ofcontract , reasonable attorney fees and

the insured's business; ornecessary litigation expenses incurred by or for a

party other than an insured are deemed to be (2) The spouse, child, parent, brother or sister of that

damages because of "bodilyinjury" or "property

"employee"as a consequence of Paragraph (1)

damage", provided: above.

(a) Liability to such party for, or for the cost of, This exclusion applies whether the insured may be

that party's defense has also been assumed liable as an employer or in any other capacity and to

in the same "insured contract"; and any obligation to share damages with or repay

(b) Such attorney fees and litigation expensessomeone else who must pay damages because of

are for defense of that party against a civil orthe injury.

alternative dispute resolution proceeding in This exclusion does not apply to liability assumed bywhich damages to which this insurance the insured under an "insured contract".

applies are alleged.

Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07



f. Pollution (d) At or from any premises, site or location on

(1) "Bodilyinjury" or "property

damage"arising out of which any insured or any contractors or

the actual, alleged or threatened discharge,subcontractors working directly or indirectly

dispersal, seepage, migration, release or escape on any insured's behalf are performing

of "pollutants": operations if the"pollutants"

are brought on orto the premises, site or location in connection

(a) At or from any premises, site or location which with such operations by such insured,is or was at any time owned or occupied by, contractor or subcontractor. However, thisor rented or loaned to, any insured. However, subparagraph does not apply to:this subparagraph does not apply to:

(i) "Bodilyinjury" or "property

damage"

(i) "Bodilyinjury" if sustained within a building arising out of the escape of fuels

and caused by smoke, fumes, vapor or lubricants or other operating fluids whichsoot produced by or originating from are needed to perform the normalequipment that is used to heat, cool or electrical, hydraulic or mechanicaldehumidify the building, or equipment that functions necessary for the operation ofis used to heat water for personal use, by "mobile equipment" or its parts, if suchthe building's occupants or their guests; fuels, lubricants or other operating fluids

(ii) "Bodilyinjury"

or "propertydamage" for escape from a vehicle part designed to

which you may be held liable, if you are a hold, store or receive them. This exception

contractor and the owner or lessee of such does not apply if the "bodilyinjury" or

premises, site or location has been added "propertydamage"

arises out of the

to your policy as an additional insured with intentional discharge, dispersal or release

respect to your ongoing operations of the fuels, lubricants or other operatingperformed for that additional insured at fluids, or if such fuels, lubricants or other

that premises, site or location and such operating fluids are brought on or to the

premises, site or location is not and never premises, site or location with the intent

was owned or occupied by, or rented or that they be discharged, dispersed or

loaned to, any insured, other than that released as part of the operations beingadditional insured; or performed by such insured, contractor or

(iii) "Bodilyinjury" or "property

damage" subcontractor;

arising out of heat, smoke or fumes from a (ii) "Bodilyinjury"

or "propertydamage"

"hostile fire"; sustained within a building and caused by

(b) At or from any premises, site or location whichthe release of gases, fumes or vapors

is or was at any time used by or for anyfrom materials brought into that building in

insured or others for the handling, storageconnection with operations being

disposal, processing or treatment of waste;' performed by you or on your behalf by a

contractor or subcontractor; or(c) Which are or were at any time transported, ,, ,, ,, ,,

handled, stored, treated, disposed of, or (iii) Bodily injury or property damage

processed as waste by or for: arising out of heat, smoke or fumes from a"hostile fire".

(i) Any insured; or(e) At or from any premises, site or location on

(ii) Any person or organization for whom you which any insured or any contractors ormay be legally responsible; or subcontractors working directly or indirectly

on any insured's behalf are performingoperations if the operations are to test for,monitor, clean up, remove, contain, treat,detoxify or neutralize, or in any way respond

to, or assess the effects of, "pollutants".




(2) Any loss, cost or expense arising out of any: (5) "Bodilyinjury" or "property

damage"arising out

(a) Request, demand, order or statutory or

regulatory requirement that any insured or (a) The operation of machinery or equipment thatothers test for, monitor, clean up, remove, is attached to, or part of, a land vehicle that

contain, treat, detoxify or neutralize, or in any would qualify under the definition of "mobile

way respond to, or assess the effects of,equipment" if it were not subject to a

"pollutants"; or compulsory or financial responsibility law or

(b) Claim or "suit"by or on behalf of a other motor vehicle insurance law in the state

governmental authority for damages because where it is licensed or principally garaged; or

of testing for, monitoring, cleaning up, (b) the operation of any of the machinery or

removing, containing, treating, detoxifying or equipment listed in Paragraph f.(2) or f.(3) of

neutralizing, or in any way responding to, or the definition of "mobile equipment".

assessing the effects of, "pollutants". h. Mobile Equipment

However, this paragraph does not apply to"Bodily

injury" or "propertydamage"

arising out of:liability for damages because of propertydamage" that the insured would have in the (1) The transportation of "mobile

equipment"by an

absence of such request, demand, order or"auto"

owned or operated by or rented or loaned

statutory or regulatory requirement, or such claim to any insured; or

or "suit"by or on behalf of a governmental (2) The use of "mobile equipment"

in, or while inauthority. practice for, or while being prepared for, any

g. Aircraft, Auto Or Watercraft prearranged racing, speed, demolition, or

stunting activity."Bodily


arising out ofthe ownership, maintenance, use or entrustment to War

others of any aircraft,"auto" or watercraft owned or "Bodily

injury" or "property damage", howeveroperated by or rented or loaned to any insured. Use caused, arising, directly or indirectly, out of:includes operation and "loading or unloading".

(1) War, including undeclared or civil war;This exclusion applies even if the claims against any

(2) Warlike action by a military force, including actioninsured allege negligence or other wrongdoing in the

in hindering or defending against an actual orsupervision, hiring, employment, training or

expected attack, by any government, sovereignmonitoring of others by that insured, if the

or other authority using military personnel oroccurrence"which caused the "bodily

injury" orother agents; or

property damage involved the ownership,maintenance, use or entrustment to others of any (3) Insurrection, rebellion, revolution, usurped power,

aircraft,"auto" or watercraft that is owned or or action taken by governmental authority in

operated by or rented or loaned to any insured. hindering or defending against any of these.

This exclusion does not apply to: J. Damage To Property

(1) A watercraft while ashore on premises you own "Propertydamage" to:

or rent; (1) Property you own, rent, or occupy, including any

(2) A watercraft you do not own that is: costs or expenses incurred by you, or any otherperson organization or entity, for repair,

(a) Less than 26 feet long; andreplacement, enhancement, restoration or

(b) Not being used to carry persons or property maintenance of such property for any reason,for a charge; including prevention of injury to a person or

(3) Parking an "auto"on, or on the ways next to, damage to another's property;

premises you own or rent, provided the"auto"

is (2) Premises you sell, give away or abandon, if thenot owned by or rented or loaned to you or the "property

damage" arises out of any part of thoseinsured; premises;

(4) Liability assumed under any "insuredcontract" for (3) Property loaned to you;

the ownership, maintenance or use of aircraft or(4) Personal property in the care, custody or control

watercraft; orof the insured;




(5) That particular part of real property on which you This exclusion does not apply to the loss of use ofor any contractors or subcontractors working other property arising out of sudden and accidental

directly or indirectly on your behalf are performing physical injury to "your product" or "your work" after

operations, if the "propertydamage"

arises out of it has been put to its intended use.those operations; or n. Recall Of Products, Work Or Impaired Property

(6) That particular part of any property that must be Damages claimed for any loss, cost or expenserestored, repaired or replaced because "your incurred by you or others for the loss of use,work"

was incorrectly performed on it.withdrawal, recall, inspection, repair, replacement,

Paragraphs (1), (3) and (4) of this exclusion do not adjustment, removal or disposal of:

apply to "propertydamage" (other than damage by (1) "Your product"·

fire) to premises, including the contents of such

premises, rented to you for a period of 7 or fewer (2) "Your work"; or

consecutive days. A separate limit of insurance (3) "Impaired property";applies to Damage To Premises Rented To You as

if such product, work, or property is withdrawn ordescribed in Section III - Limits Of Insurance.

recalled from the market or from use by any personParagraph (2) of this exclusion does not apply if the or organization because of a known or suspectedpremises are "your work"

and were never occupied, defect, deficiency, inadequacy or dangerousrented or held for rental by you. condition in it.

Paragraphs (3), (4), (5) and (6) of this exclusion do o. Personal And Advertising Injurynot apply to liability assumed under a sidetrack

"Bodilyinjury"

arising out of "personal andagreement.

advertising injury".Paragraph (6) of this exclusion does not apply to

p. Electronic Data"property

damage" included in the "products-

completed operations hazard". Damages arising out of the loss of, loss of use of,damage to, corruption of, inability to access, or

k. Damage To Your Productinability to manipulate electronic data.

"Propertydamage"

to "your product"arising out of it

As used in this exclusion, electronic data meansor any part of it.

information, facts or programs stored as or on,I. Damage To Your Work created or used on, or transmitted to or from

"Propertydamage"

to "your work"arising out of it or computer software, including systems and

any part of it and included in the "products- applications software, hard or floppy disks, CD-

completed operations hazard". ROMS, tapes, drives, cells, data processing devicesor any other media which are used with electronically

This exclusion does not apply if the damaged work controlled equipment.or the work out of which the damage arises wasperformed on your behalf by a subcontractor. 9· Distribution Of Material In Violation Of Statutes

m. Damage To Impaired Property Or Property Not "Bodilyinjury" or "property

damage"arising directly

Physically Injured or indirectly out of any action or omission thatviolates or is alleged to violate:

"Propertydamage"

to "impairedproperty" or property

that has not been physically injured, arising out of: (1) The Telephone Consumer Protection Act

(TCPA), including any amendment of or addition(1) A defect, deficiency, inadequacy or dangerous to such law; or

condition in "your product" or "your work"; or(2) The CAN-SPAM Act of 2003, including any

(2) A delay or failure by you or anyone acting on amendment of or addition to such law; oryour behalf to perform a contract or agreement inaccordance with its terms. (3) Any statute, ordinance or regulation, other than

the TCPA or CAN-SPAM Act of 2003, thatprohibits or limits the sending, transmitting,communicating or distribution of material orinformation.




Exclusions c. through n. do not apply to damage by fire c. Material Published Prior To Policy Periodto premises while rented to you or temporarily occupied .personal and advertising

injury"arising out of oral

by you with permission of the owner. A separate limit of or written publication of material whose firstinsurance applies to this coverage as described in publication took place before the beginning of theSection III - Limits Of Insurance.

policy period.COVERAGE B PERSONAL AND ADVERTISING INJURY d. Criminal ActsLIABILITY

"Personal and advertisinginjury"

arising out of a1. Insuring Agreement criminal act committed by or at the direction of the

a. We will pay those sums that the insured becomes insured.

legally obligated to pay as damages because of e. Contractual Liability"personal and advertising

injury"to which this

insurance applies. We will have the right and duty to "Personal and advertisinginjury" for which the


seeking those insured has assumed liability in a contract or

damages. However, we will have no duty to defend agreement. This exclusion does not apply to liability

the insured against any"suit"

seeking damages for for damages that the insured would have in the

"personal and advertisinginjury" to which this absence of the contract or agreement.

insurance does not apply. We may, at our discretion, f. Breach Of Contractinvestigate any offense and settle any claim or "suit"

.Personal and advertisinginjury"

arising out of athat may result. But:

breach of contract, except an implied contract to use(1) The amount we will pay for damages is limited as another's advertising idea in your "advertisement".

described in Section III - Limits Of Insurance; g. Quality Or Performance Of Goods - Failure Toand

Conform To Statements

(2) Our right and duty to defend end when we have.Personal and advertising

injury"arising out of the

used up the applicable limit of insurance in thefailure of goods, products or services to conform with

payment of judgments or settlements underany statement of quality or performance made in

Coverages A or B or medical expenses underyour "advertisement".

Coverage C.h. Wrong Description Of Prices

No other obligation or liability to pay sums or performacts or services is covered unless explicitly provided "Personal and advertising


for under Supplementary Payments - Coverages A wrong description of the price of goods, products or

and B. services stated in your "advertisement".

b. This insurance applies to "personal and advertising i. Infringement Of Copyright, Patent, Trademark Orinjury"

caused by an offense arising out of your Trade Secret

business but only if the offense was committed in the "personal and advertisinginjury"

arising out of the"coverage territory"

during the policy period. infringement of copyright, patent, trademark, trade

2. Exclusions secret or other intellectual property rights. Under this

exclusion, such other intellectual property rights doThis insurance does not apply to:

not include the use of another's advertising idea ina. Knowing Violation Of Rights Of Another your "advertisement".


caused by or at the However, this exclusion does not apply todirection of the insured with the knowledge that the infringement, in your "advertisement", of copyright,act would violate the rights of another and would trade dress or slogan.inflict "personal and advertising injury".

j. Insureds In Media And Internet Type Businessesb. Material Published With Knowledge Of Falsity .Personal and advertising

injury"committed by an


arising out of oral insured whose business is:or written publication of material, if done by or at the

(1) Advertising broadcasting, publishing ordirection of the insured with knowledge of its falsity.

telecasting;

(2) Designing or determining content of web-sites for

others; or




(3) An Internet search, access, content or service (3) Insurrection, rebellion, revolution, usurped power,provider. or action taken by governmental authority in

However, this exclusion does not apply to hindering or defending against any of these.

Paragraphs 14.a., b. and c. of "personal and p. Distribution Of Material In Violation Of Statutes

advertisinginjury" under the Definitions Section. upersonal and advertising

injury"arising directly or

For the purposes of this exclusion, the placing of indirectly out of any action or omission that violates

frames, borders or links, or advertising, for you or or is alleged to violate:others anywhere on the Internet, is not by itself, (1) The Telephone Consumer Protection Actconsidered the business of advertising, (TCPA), including any amendment of or additionbroadcasting, publishing or telecasting. to such law; or

k. Electronic Chatrooms Or Bulletin Boards(2) The CAN-SPAM Act of 2003, including any


arising out of an amendment of or addition to such law; orelectronic chatroom or bulletin board the insured

(3) Any statute, ordinance or regulation, other thanhosts, owns, or over which the insured exercises the TCPA or CAN-SPAM Act of 2003, thatcontrol. prohibits or limits the sending, transmitting,

I. Unauthorized Use Of Another's Name Or Product communicating or distribution of material or


arising out of the information.

unauthorized use of another's name or product in COVERAGE C MEDICAL PAYMENTSyour e-mail address, domain name or metatag, or 1. Insuring Agreementany other similar tactics to mislead another'spotential customers. a. We will pay medical expenses as described below

for "bodilyinjury"

caused by an accident:m. Pollution

(1) On premises you own or rent·"Personal and advertising


actual, alleged or threatened discharge, dispersal, (2) On ways next to premises you own or rent; or

seepage, migration, release or escape of "pollutants"(3) Because of your operations;

at any time.provided that:

n. Pollution-Related(a) The accident takes place in the "coverage

Any loss, cost or expense arising out of any: territory"and during the policy period;

(1) Request, demand, order or statutory or regulatory (b) The expenses are incurred and reported to usrequirement that any insured or others test for, within one year of the date of the accident;monitor, clean up, remove, contain, treat, detoxify andor neutralize, or in any way respond to, or assess

(c) The injured person submits to examination, atthe effects of, "pollutants"; or

our expense, by physicians of our choice as(2) Claim or suit by or on behalf of a governmental often as we reasonably require.

authority for damages because of testing for, b. We will make these payments regardless of fault.monitoring, cleaning up, removing, containing, These payments will not exceed the applicable limittreating, detoxifying or neutralizing, or in any way of insurance. We will pay reasonable expenses for:responding to, or assessing the effects of,"pollutants". (1) First aid administered at the time of an accident;

o. War (2) Necessary medical, surgical, x-ray and dental

"Personal and advertising injury", however caused,se ces, including prosthetic devices; and

arising, directly or indirectly, out of: (3) Necessary ambulance, hospital, professional

(1) War, including undeclared or civil war;nursing and funeral services.

(2) Warlike action by a military force, including actionin hindering or defending against an actual orexpected attack, by any government, sovereignor other authority using military personnel orother agents; or




2. Exclusions f. Prejudgment interest awarded against the insured on

We will not pay expenses for "bodily injury": that part of the judgment we pay. If we make an offerto pay the applicable limit of insurance, we will not

a. Any Insuredpay any prejudgment interest based on that period of

To any insured, except "volunteer workers". time after the offer.

b. Hired Person g. All interest on the full amount of any judgment that

To a person hired to do work for or on behalf of anyaccrues after entry of the judgment and before we

insured or a tenant of any insured. have paid, offered to pay, or deposited in court thepart of the judgment that is within the applicable limit

c. Injury On Normally Occupied Premises of insurance.

To a person injured on that part of premises you own These payments will not reduce the limits of insurance.or rent that the person normally occupies.

2. If we defend an insured against a "suit" and and. Workers Compensation And Similar Laws indemnitee of the insured is also named as a party to

To a person, whether or not an "employee" of any the "suit", we will defend that indemnitee if all of the

insured, if benefits for the "bodilyinjury"

are payable following conditions are met:

or must be provided under aworkers' compensation a. The "suit" against the indemnitee seeks damages for

or disability benefits law or a similar law. which the insured has assumed the liability of the

e. Athletics Activities indemnitee in a contract or agreement that is an. . . "insured contract"

To a person injured while practicing, instructing or

participating in any physical exercises or games, b. This insurance applies to such liability assumed by

sports, or athletic contests. the insured;

f. Products-Completed Operations Hazard c. The obligation to defend, or the cost of the defense. of, that indemnitee, has also been assumed by the

Included within the "products-completed operationsinsured in the same "insured contract";hazard .

d. The allegations in the "suit" and the information weg. Coverage A Exclusions

know about the"occurrence"

are such that noExcluded under Coverage A. conflict appears to exist between the interests of the

SUPPLEMENTARY PAYMENTS - COVERAGES A AND insured and the interests of the indemnitee;

B e. The indemnitee and the insured ask us to conduct

1. We will pay, with respect to any claim we investigate or and control the defense of that indemnitee against

settle, or any"suit" against an insured we defend: such "suit"

and agree that we can assign the same. counsel to defend the insured and the indemnitee;

a. AII expenses we incur. andb. Up to $250 for cost of bail bonds required because f. The indemnitee:

of accidents or traffic law violations arising out of theuse of any vehicle to which the Bodily Injury Liability (1) Agrees in writing to:

Coverage applies. We do not have to furnish these (a) Cooperate with us in the investigation,bonds. settlement or defense of the "suit";

c. The cost of bonds to release attachments, but only (b) Immediately send us copies of any demands,for bond amounts within the applicable limit of notices, summonses or legal papers receivedinsurance. We do not have to furnish these bonds. in connection with the "suit";

d. AII reasonable expenses incurred by the insured at (c) Notify any other insurer whose coverage isour request to assist us in the investigation or available to the indemnitee; anddefense of the claim or "suit", including actual loss of

(d) Cooperate with us with respect toearnings up to $250 a day because of time off from

coordinating other applicable insurancework.

available to the indemnitee; ande. All court costs taxed against the insured in the

"suit"; (2) Provides us with written authorization to:However, these payments do not include attorneysfees or attorneys'

expenses taxed against the (a) Obtain records and other information related

insured. to the "suit"; and




(b) Conduct and control the defense of the 2. Each of the following is also an insured:indemnitee in such "suit". a. Your "volunteer workers"

only while performingSo long as the above conditions are met,

attorneys'fees duties related to the conduct of your business, or

incurred by us in the defense of that indemnitee, your "employees", other than either your "executive

necessary litigation expenses incurred by us andofficers" (if you are an organization other than a

necessary litigation expenses incurred by the partnership, joint venture or limited liability company)indemnitee at our request will be paid as Supplementary or your managers (if you are a limited liabilityPayments. Notwithstanding the provisions of Paragraph company), but only for acts within the scope of their

2.b.(2) of Section I - Coverage A - Bodily Injury And employment by you or while performing duties

Property Damage Liability, such payments will not be related to the conduct of your business. However,deemed to be damages for "bodily

injury"and "property none of these

"employees" or "volunteer workers"damage"

and will not reduce the limits of insurance. are insureds for:

Our obligation to defend an insured's indemnitee and to (1) "Bodilyinjury" or "personal and advertising

pay for attorneys' fees and necessary litigation injury":expenses as Supplementary Payments ends when we

(a) To you, to your partners or members (if youhave used up the applicable limit of insurance in the are a partnership or joint venture), to yourpayment of judgments or settlements or the conditions members (if you are a limited liabilityset forth above, or the terms of the agreement

company), to a co-"employee" while in thedescribed in Paragraph f. above, are no longer met. course of his or her employment or

SECTION II - WHO IS AN INSURED performing duties related to the conduct of

1. If you are designated in the Declarations as: your business, or to your other "volunteerworkers"

while performing duties related toa. An individual, you and your spouse are insureds, but the conduct of your business;

only with respect to the conduct of a business ofwhich you are the sole owner. (b) To the spouse, child, parent, brother or sister

of that co-"employee" or "volunteer worker" asb. A partnership or joint venture, you are an insured· a consequence of Paragraph (1)(a) above;

Your members, your partners, and their spouses arealso insureds, but only with respect to the conduct of (c) For which there is any obligation to share

your business. damages with or repay someone else whomust pay damages because of the injury

c. A limited liability company, you are an insured. Your described in Paragraphs (1)(a) or (b) above;members are also insureds, but only with respect to orthe conduct of your business. Your managers are

insureds, but only with respect to their duties as your (d) Arising out of his or her providing or failing to

managers. provide professional health care services.

d. An organization other than a partnership, joint (2) "Propertydamage" to property:

venture or limited liability company, you are an (a) Owned, occupied or used by,insured. Your "executive

officers"and directors are

(b) Rented to, in the care, custody or control of,insureds, but only with respect to their duties as your or over which physical control is beingofficers or directors. Your stockholders are also exercised for any purpose byinsureds, but only with respect to their liability asstockholders. you, any of your "employees", "volunteer

workers", any partner or member (if you are ae. A trust, you are an insured. Your trustees are also

partnership or joint venture), or any member (ifinsureds, but only with respect to their duties as you are a limited liability company).trustees.




b. Any person (other than your "employee" or 3. The Products-Completed Operations Aggregate Limit is"volunteer worker"), or any organization while acting the most we will pay under Coverage A for damagesas your real estate manager. because of "bodily

injury" and "propertydamage"

c. Any person or organization having proper temporaryincluded in the "products-completed operations hazard".

custody of your property if you die, but only: 4. Subject to Paragraph 2. above, the Personal and

(1) With respect to liability arising out of the Advertising Injury Limit is the most we will pay under

maintenance or use of that property; and Coverage B for the sum of all damages because of all"personal and advertising

injury"sustained by any one

(2) Until your legal representative has been person or organization.appointed.

5. Subject to Paragraph 2. or 3. above, whichever applies,d. Your legal representative if you die, but only with the Each Occurrence Limit is the most we will pay for

respect to duties as such. That representative will the sum of:have all your rights and duties under this CoveragePart. a. Damages under Coverage A; and

3. Any organization you newly acquire or form, other than b. Medical expenses under Coverage C

a partnership, joint venture or limited liability company, because of all "bodilyinjury"

and "propertydamage"

and over which you maintain ownership or majority arising out of any one "occurrence".

interest, will qualify as a Named Insured if there is no 6. Subject to Paragraph 5. above, the Damage Toother similar insurance available to that organization. Premises Rented To You Limit is the most we will payHowever: under Coverage A for damages because of "propertya. Coverage under this provision is afforded only until damage"

to any one premises, while rented to you, or inthe 90th day after you acquire or form the the case of damage by fire, while rented to you ororganization or the end of the policy period, temporarily occupied by you with permission of thewhichever is earlier; owner.

b. Coverage A does not apply to "bodilyinjury" or 7. Subject to Paragraph 5. above, the Medical Expense

"propertydamage" that occurred before you Limit is the most we will pay under Coverage C for all

acquired or formed the organization; and medical expenses because of "bodilyinjury"

sustained

c. Coverage B does not apply to "personal and by any one person.

advertisinginjury"

arising out of an offense The Limits of Insurance of this Coverage Part applycommitted before you acquired or formed the separately to each consecutive annual period and to anyorganization. remaining period of less than 12 months, starting with the

No person or organization is an insured with respect to the beginning of the policy period shown in the Declarations,

conduct of any current or past partnership, joint venture or unless the policy period is extended after issuance for an

limited liability company that is not shown as a Named additional period of less than 12 months. In that case, the

Insured in the Declarations. additional period will be deemed part of the last precedingperiod for purposes of determining the Limits of Insurance.

SECTION III- LIMITS OF INSURANCESECTION IV - COMMERCIAL GENERAL LIABILITY

1. The Limits of Insurance shown in the Declarations and CONDITIONSthe rules below fix the most we will pay regardless of thenumber of: 1. Bankruptcy

Bankruptcy or insolvency of the insured or of thea. Insureds;insured's estate will not relieve us of our obligations

b. Claims made or "suits"brought; or under this Coverage Part.

c. Persons or organizations making claims or bringing 2. Duties In The Event Of Occurrence, Offense, Claim"suits". Or Suit

2. The General Aggregate Limit is the most we will pay for a. You must see to it that we are notified as soon asthe sum of: practicable of an "occurrence" or an offense whicha. Medical expenses under Coverage C; may result in a claim. To the extent possible, notice

b. Damages under Coverage A, except damagesshould include:

because of "bodilyinjury" or "property

damage"(1) How, when and where the

"occurrence" or

included in the "products-completed operations offense took place;

hazard"; and(2) The names and addresses of any injured persons

c. Damages under Coverage B. and witnesses; and




(3) The nature and location of any injury or damage 4. Other Insurance

arising out of the"occurrence" or offense. If other valid and collectible insurance is available to the

b. If a claim is made or "suit"is brought against any insured for a loss we cover under Coverages A or B of

insured, you must: this Coverage Part, our obligations are limited as

(1) Immediately record the specifies of the claim or follows:"suit"

and the date received; and a. Primary Insurance

(2) Notify us as soon as practicable. This insurance is primary except when Paragraph b.

You must see to it that we receive written notice of below applies. If this insurance is primary, our

the claim or "suit"as soon as practicable. obligations are not affected unless any of the other

insurance is also primary. Then, we will share withc. You and any other involved insured must: all that other insurance by the method described in

(1) Immediately send us copies of any demands, Paragraph c. below.

notices, summonses or legal papers received in b. Excess Insuranceconnection with the claim or "suit"·

(1) This insurance is excess over:(2) Authorize us to obtain records and other

information; (a) Any of the other insurance, whether primary,excess, contingent or on any other basis:

(3) Cooperate with us in the investigation orsettlement of the claim or defense against the (i) That is Fire, Extended Coverage, Builder's

"suit"; and Risk, Installation Risk or similar coveragefor "your work";

(4) Assist us, upon our request, in the enforcementof any right against any person or organization (ii) That is Fire insurance for premises rented

which may be liable to the insured because of to you or temporarily occupied by you with

injury or damage to which this insurance maypermission of the owner;

also apply. (iii) That is insurance purchased by you to

d. No insured will, except at that insured's own cost,cover your liability as a tenant for "property

voluntarily make a payment, assume any obligation,damage"

to premises rented to you or

or incur any expense, other than for first aid, without temporarily occupied by you with

our consent. permission of the owner; or

3. Legal Action Against Us (iv) If the loss arises out of the maintenance oruse of aircraft,

"autos" or watercraft to theNo person or organization has a right under this extent not subect to exclusion 9. ofCoverage Part: sectioni-Coverage A - Bodily Injury Anda. To join us as a party or otherwise bring us into a Property Damage Liability.

"suit"asking for damages from an insured; or

(b) Any other primary insurance available to youb. To sue us on this Coverage Part unless all of its covering liability for damages arising out of

terms have been fully complied with. the premises or operations, or the products

A person or organization may sue us to recover on anand completed operations, for which you have

agreed settlement or on a final judgment against anbeen added as an additional insured by

insured; but we will not be liable for damages that areattachment of an endorsement.

not payable under the terms of this Coverage Part or (2) When this insurance is excess, we will have no

that are in excess of the applicable limit of insurance. duty under Coverages A or B to defend theAn agreed settlement means a settlement and release insured against any

"suit" if any other insurer hasof liability signed by us, the insured and the claimant or a duty to defend the insured against that "suit". If

the claimant's legal representative. no other insurer defends, we will undertake to do

so, but we will be entitled to the insured's rightsagainst all those other insurers.




(3) When this insurance is excess over other c. We have issued this policy in reliance upon your

insurance, we will pay only our share of the representations.amount of the loss, if any, that exceeds the sum 7. Separation Of Insuredsof:

Except with respect to the Limits of Insurance, and any(a) The total amount that all such other insurance rights or duties specifically assigned in this Coverage

would pay for the loss in the absence of this Part to the first Named Insured, this insurance applies:insurance; and

a. As if each Named Insured were the only Named(b) The total of all deductible and self-insured

Insured; andamounts under all that other insurance.

b. Separately to each insured against whom claim is(4) We will share the remaining loss, if any, with any made or "suit" is brought.

other insurance that is not described in thisExcess Insurance provision and was not bought 8. Transfer Of Rights Of Recovery Against Others To

specifically to apply in excess of the Limits of Us

Insurance shown in the Declarations of this If the insured has rights to recover all or part of anyCoverage Part. payment we have made under this Coverage Part,

c. Method Of Sharingthose rights are transferred to us. The insured must do

nothing after loss to impair them. At our request, theIf all of the other insurance permits contribution by insured will bring

"suit" or transfer those rights to us andequal shares, we will follow this method also. Under

help us enforce them.this approach each insurer contributes equalamounts until it has paid its applicable limit of 9· When We Do Not Renew

insurance or none of the loss remains, whichever If we decide not to renew this Coverage Part, we willcomes first. mail or deliver to the first Named Insured shown in the

If any of the other insurance does not permit Declarations written notice of the nonrenewal not less

contribution by equal shares, we will contribute bythan 30 days before the expiration date.

limits. Under this method, each insurer's share is If notice is mailed, proof of mailing will be sufficientbased on the ratio of its applicable limit of insurance proof of notice.to the total applicable limits of insurance of all

SECTION V - DEFINITIONSinsurers.

1. "Advertisement"means a notice that is broadcast or

5. Premium Auditpublished to the general public or specific market

a. We will compute all premiums for this Coverage Part segments about your goods, products or services for thein accordance with our rules and rates. purpose of attracting customers or supporters. For the

b. Premium shown in this Coverage Part as advance purposes of this definition:

premium is a deposit premium only. At the close of a. Notices that are published include material placed oneach audit period we will compute the earned the Internet or on similar electronic means ofpremium for that period and send notice to the first communication; andNamed Insured. The due date for audit and

b. Regarding web-sites, only that part of a web-site thatretrospective premiums is the date shown as the due

is about your goods, products or services for thedate on the bill. If the sum of the advance and audit

purposes of attracting customers or supporters ispremiums paid for the policy penod is greater than

considered an advertisement.the earned premium, we will return the excess to thefirst Named Insured. 2. "Auto" means:

c. The first Named Insured must keep records of the a. A land motor vehicle, trailer or semitrailer designed

information we need for premium computation, and for travel on public roads, including any attached

send us copies at such times as we may request. machinery or equipment; or

6. Representations b. Any other land vehicle that is subject to a. compulsory or financial responsibility law or other

By accepting this policy, you agree:motor vehicle insurance law in the state where it is

a. The statements in the Declarations are accurate and licensed or principally garaged.complete;

However,"auto" does not include "mobile equipment".

b. Those statements are based upon representationsyou made to us; and




3. "Bodilyinjury"

means bodily injury, sickness or disease 9. "Insuredcontract" means:

sustained by a person, including death resulting from a. A contract for a lease of premises. However, thatany of these at any time. portion of the contract for a lease of premises that

4. "Coverage territory" means: indemnifies any person or organization for damage

a. The United States of America (including its territories by fire to premises while rented to you or temporarily

and possessions), Puerto Rico and Canada;occupied by you with permission of the owner is notan "insured contract";

b. International waters or airspace, but only if the injuryor damage occurs in the course of travel or b. A sidetrack agreement;

transportation between any places included in c. Any easement or license agreement, except inParagraph a. above; or connection with construction or demolition

c. All other parts of the world if the injury or damage operations on or within 50 feet of a railroad;

arises out of: d. An obligation, as required by ordinance, to indemnify

(1) Goods or products made or sold by you in the a municipality, except in connection with work for a

territory described in Paragraph a. above; municipality;

(2) The activities of a person whose home is in the e. An elevator maintenance agreement;

territory described in Paragraph a. above, but is f. That part of any other contract or agreement

away for a short time on your business; or pertaining to your business (including an

(3) "Personal and advertisinginjury"

offenses that indemnification of a municipality in connection with

take place through the Internet or similar work performed for a municipality) under which you

electronic means of communication assume the tort liability of another party to pay for


damage" to a third personprovided the insured's responsibility to pay damages is or organization. Tort liability means a liability thatdetermined in a "suit" on the merits, in the territory would be imposed by law in the absence of anydescribed in Paragraph a. above or in a settlement we contract or agreement.agree to.

Paragraph f. does not include that part of any5. "Employee"

includes a "leased worker". "Employee"contract or agreement:

does not include a "temporary worker".(1) That indemnifies a railroad for "bodily

injury" or6. "Executive

officer"means a person holding any of the

"propertydamage"

arising out of construction orofficer positions created by your charter, constitution, demolition operations, within 50 feet of anyby-laws or any other similar governing document· railroad property and affecting any railroad bridge

7. "Hostilefire"

means one which becomes uncontrollable or trestle, tracks, road-beds, tunnel, underpass or

or breaks out from where it was intended to be. crossing;

8. "Impairedproperty"

means tangible property, other than (2) That indemnifies an architect, engineer or

"your product" or "your work", that cannot be used or is surveyor for injury or damage arising out of:

less useful because:(a) Preparing, approving, or failing to prepare or

a. It incorporates "yourproduct" or "your work" that is approve, maps, shop drawings, opinions,

known or thought to be defective, deficient, reports, surveys, field orders, change orders

inadequate or dangerous; or or drawings and specifications; or

b. You have failed to fulfill the terms of a contract or (b) Giving directions or instructions, or failing to

agreement; give them, if that is the primary cause of the

if such property can be restored to use by the repair, injury or damage; or

replacement, adjustment or removal of "your product" or (3) Under which the insured, if an architect, engineer

"your work" or your fulfilling the terms of the contract or or surveyor, assumes liability for an injury oragreement. damage arising out of the insured's rendering or

failure to render professional services, includingthose listed in (2) above and supervisory,inspection, architectural or engineering activities.




10."Leasedworker"

means a person leased to you by a However, self-propelled vehicles with the followinglabor leasing firm under an agreement between you and types of permanently attached equipment are notthe labor leasing firm, to perform duties related to the "mobile equipment" but will be considered "autos":conduct of your business. ''Leased

worker"does not

(1) Equipment designed primarily for:include a temporary worker

(a) Snow removal11."Loading or unloading"

means the handling of property:(b) Road maintenance, but not construction or

a. After it is moved from the place where it is acceptedresurfacing; or

for movement into or onto an aircraft, watercraft or

"auto"; (c) Street cleaning;

b. While it is in or on an aircraft, watercraft or "auto"; or (2) Cherry pickers and similar devices mounted onautomobile or truck chassis and used to raise or

c. While it is being moved from an aircraft, watercraft or lower workers; and"auto"to the place where it is finally delivered;

. (3) Air compressors, pumps and generators,but "loading or unloading"

does not include theincluding spraying, welding, building cleaning,

movement of property by means of a mechanical geophysical exploration, lighting and welldevice, other than a hand truck, that is not attached to

servicing equipment.the aircraft, watercraft or "auto".

However, "mobile equipment" does not include any land12."Mobile

equipment"means any of the following types of vehicles that are subject to a compulsory or financial

land vehicles, including any attached machinery orresponsibility law or other motor vehicle insurance law

equipment: in the state where it is licensed or principally garaged.a. Bulldozers, farm machinery, forklifts and other Land vehicles subject to a compulsory or financial

vehicles designed for use principally off public roads; responsibility law or other motor vehicle insurance law

b. Vehicles maintained for use solely on or next to are considered "autos".

premises you own or rent;13."Occurrence" means an accident, including continuous

c. Vehicles that travel on crawler treads;or repeated exposure to substantially the same generalharmful conditions.

d. Vehicles, whether self-propelled or not, maintained

primarily to provide mobility to permanently mounted: 14."Personal and advertisinginjury"

means injury, includingconsequential "bodily injury", arising out of one or more

(1) Power cranes, shovels, loaders, diggers or drills; of the following offenses:or

a. False arrest, detention or imprisonment;(2) Road construction or resurfacing equipment such

as graders, scrapers or rollers;b. Malicious prosecution;

e. Vehicles not described in Paragraph a., b., c. or d. c. The wrongful eviction from, wrongful entry into, or

above that are not self-propelled and are maintained invasion of the right of private occupancy of a room,

primarily to provide mobility to permanently attached dwelling or premises that a person occupies,

equipment of the following types: committed by or on behalf of its owner, landlord or

lessor;(1) Air compressors, pumps and generators,

including spraying, welding, building cleaning,d. Oral or written publication, in any manner, of material

geophysical exploration, lighting and well that slanders or libels a person or organization or

servicing equipment; or disparages a person s or organization s goods,products or services;

(2) Cherry pickers and similar devices used to raiseor lower workers. e. Oral or written publication, in any manner, of material

that violates a person's right of privacy;f. Vehicles not described in Paragraph a., b., c. or d.

above maintained primarily for purposes other than f. The use of another's advertising idea in your

the transportation of persons or cargo. "advertisement"; or

g. Infringing upon another's copyright, trade dress orslogan in your "advertisement".




15."Pollutants" mean any solid, liquid, gaseous or thermal b. Loss of use of tangible property that is not physicallyirritant or contaminant, including smoke, vapor, soot, injured. AII such loss of use shall be deemed to

fumes, acids, alkalis, chemicals and waste. Waste occur at the time of the "occurrence" that caused it.includes materials to be recycled, reconditioned or For the purposes of this insurance, electronic data is notreclaimed. tangible property.

16."Products-completed operations hazard": As used in this definition, electronic data meansa. Includes all "bodily

injury"and "property

damage"information, facts or programs stored as or on, created

occurring away from premises you own or rent and or used on, or transmitted to or from computer software,arising out of "your product" or "your work" except: including systems and applications software, hard or

(1) Products that are still in your physical floppy disks, CD-ROMS, tapes, drives, cells, data

possession; or processing devices or any other media which are usedwith electronically controlled equipment.

(2) Work that has not yet been completed orabandoned. However "your work" will be

18."Suit"means a civil proceeding in which damages

deemed completed at the earliest of the followingbecause of "bodily injury", "property

damage" or

times: "personal and advertisinginjury" to which this insurance

applies are alleged. "Suit" includes:(a) When all of the work called for in your

contract has been completed. a. An arbitration proceeding in which such damagesare claimed and to which the insured must submit or

(b) When all of the work to be done at the job site does submit with our consent; orhas been completed if your contract calls forwork at more than one job site. b. Any other alternative dispute resolution proceeding

in which such damages are claimed and to which the(c) When that part of the work done at a job site insured submits with our consent.

has been put to its intended use by anyperson or organization other than another 19."Temporary

worker"means a person who is furnished to

contractor or subcontractor working on the you to substitute for a permanent "employee" on leave

same project. or to meet seasonal or short-term workload conditions.

Work that may need service, maintenance,20."Volunteer worker"

means a person who is not your

correction, repair or replacement, but which is "employee", and who donates his or her work and acts

otherwise complete, will be treated as completed. at the direction of and within the scope of dutiesdetermined by you, and is not paid a fee, salary or other

b. Does not include "bodilyinjury" or "property

damage"compensation by you or anyone else for their work

arising out of: performed for you.

(1) The transportation of property, unless the injury 21."Your product":or damage arises out of a condition in or on avehicle not owned or operated by you, and that a. Means:

condition was created by the "loading or (1) Any goods or products, other than real property,unloading" of that vehicle by any insured; manufactured, sold, handled, distributed or

(2) The existence of tools, uninstalled equipment or disposed of by:

abandoned or unused materials; or (a) You;

(3) Products or operations for which the (b) Others trading under your name; or

classification, listed in the Declarations or in a(c) A person or organization whose business or

policy schedule, states that products-completed assets you have acquired; andoperations are subject to the General AggregateLimit. (2) Containers (other than vehicles), materials, parts

or equipment furnished in connection with such17."Property

damage" means: goods or products.a. Physical injury to tangible property, including all b. Includes:

resulting loss of use of that property. All such loss ofuse shall be deemed to occur at the time of the (1) Warranties or representations made at any time

physical injury that caused it; or with respect to the fitness, quality, durability,performance or use of "your product"; and




(2) The providing of or failure to provide warnings orinstructions.

c. Does not include vending machines or other propertyrented to or located for the use of others but notsold.

22."Your work":

a. Means:

(1) Work or operations performed by you or on your

behalf; and

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

b. Includes:

(1) Warranties or representations made at any timewith respect to the fitness, quality, durability,performance or use of "your work", and

(2) The providing of or failure to provide warnings orinstructions.




COMMERCIAL PROPERTY

COMMERCIAL PROPERTY CONDITIONS

This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable LossConditions and Additional Conditions in Commercial Property Coverage Forms.

A. CONCEALMENT, MISREPRESENTATION OR the insurance under this Coverage Part. If you

FRAUD do, we will pay our share of the covered loss ordamage. Our share is the proportion that the

This Coverage Part is void in any case of fraud by applicable Limit of Insurance under this Cover-you as it relates to this Coverage Part at any time· age Part bears to the Limits of Insurance of allIt is also void if you or any other insured, at any insurance covering on the same basis.time, intentionally conceal or misrepresent a mate-

rial fact concerning: 2. If there is other insurance covering the sameloss or damage, other than that described in 1.

1. This Coverage Part; above, we will pay only for the amount of cov-

2. The Covered Property; ered loss or damage in excess of the amount

3. Your interest in the Covered Property; ordue from that other insurance, whether you cancollect on it or not. But we will not pay more

4. A claim under this Coverage Part· than the applicable Limit of Insurance.

B. CONTROL OF PROPERTY H. POLICY PERIOD, COVERAGE TERRITORY

Any act or neglect of any person other than you Under this Coverage Part:beyond your direction or control will not affect thisinsurance.

1. We cover loss or damage commencing:

The breach of any condition of this Coverage Parta. During the policy period shown in the

at any one or more locations will not affect cover- Declarations; and

age at any location where, at the time of loss or b. Within the coverage territory.

damage, the breach of condition does not exist· 2. The coverage territory is:

C. INSURANCE UNDER TWO OR MORE COVER-a. The United States of America (including its

AGES territories and possessions);If two or more of this policy's coverages apply to b. Puerto Rico; andthe same loss or damage, we will not pay morethan the actual amount of the loss or damage. c. Canada.

D. LEGAL ACTION AGAINST US I. TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US

No one may bring a legal action against us underthis Coverage Part unless: If any person or organization to or for whom we

make payment under this Coverage Part has1. There has been full compliance with all of the rights to recover damages from another, those

terms of this Coverage Part; and rights are transferred to us to the extent of our

2. The action is brought within 2 years after the payment. That person or organization must do

date on which the direct physical loss or dam- everything necessary to secure our rights and

age occurred. must do nothing after loss to impair them. But you

E. LIBERALIZATION may waive your rights against another party inwriting:

If we adopt any revision that would broaden thecoverage under this Coverage Part without addi- 1. Prior to a loss to your Covered Property or

tional premium within 45 days prior to or during theCovered Income.

policy period, the broadened coverage will imme- 2. After a loss to your Covered Property or Cov-

diately apply to this Coverage Part. ered Income only if, at time of loss, that party is

F. NO BENEFIT TO BAILEEone of the following:

No person or organization, other than you, havinga. Someone insured by this insurance;

custody of Covered Property will benefit from this b. A business firm:

insurance·(1) Owned or controlled by you; or

G. OTHER INSURANCE(2) That owns or controls you; or

1. You may have other insurance subject to the c. Your tenant.same plan, terms, conditions and provisions as . .

This will not restrict your insurance.

CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 1



IL 00 17 11 98

COMMON POLiCY CONDITIONS

All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation b. Give you reports on the conditions we find;

1. The first Named Insured shown in the Declara- and

tions may cancel this policy by mailing or de- c. Recommend changes.

livering to us advance written notice of cancel-2. We are not obligated to make any inspections,

lation.surveys, reports or recommendations and any

2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in-

ering to the first Named Insured written notice surability and the premiums to be charged. Weof cancellation at least: do not make safety inspections. We do not un-

a. 10 days before the effective date of cancel- dertake to perform the duty of any person or

lation if we cancel for nonpayment of pre- organization to provide for the health or safety

mium; or of workers or the public. And we do not warrantthat conditions:

b. 30 days before the effective date of cancel-

lation if we cancel for any other reason. a. Are safe or healthful; or

3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or

Named Insured's last mailing address known to standards.

us. 3. Paragraphs 1. and 2. of this condition apply not

4. Notice of cancellation will state the effective only to us, but also to any rating, advisory, rate

date of cancellation. The policy period will end service or similar organization which makes

on that date. insurance inspections, surveys, reports orrecommendations.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply to

cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recom-

Named Insured cancels, the refund may be mendations we may make relative to certifica-

less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi-

fective even if we have not made or offered a nances or regulations, of boilers, pressure ves-

refund. sels or elevators.

6. If notice is mailed, proof of mailing will be suf- E. Premiums

ficient proof of notice. The first Named Insured shown in the Declara-

B. Changes tions:

This policy contains all the agreements between 1. Is responsible for the payment of all premiums;

you and us concerning the insurance afforded. and

The first Named Insured shown in the Declarations 2. Will be the payee for any return premiums weis authorized to make changes in the terms of this pay.

policy with our consent. This policy's terms can be F. Transfer Of Your Rights And Duties Under Thisamended or waived only by endorsement issued

Policyby us and made a part of this policy.

Your rights and duties under this policy may not beC. Examination Of Your Books And Records transferred without our written consent except in

We may examine and audit your books and rec- the case of death of an individual named insured.ords as they relate to this policy at any time during If you die, your rights and duties will be trans-the policy period and up to three years afterward- ferred to your legal representative but only while

D. Inspections And Surveys acting within the scope of duties as your legal rep-

1. We have the right to: resentative. Until your legal representative is ap-

pointed, anyone having proper temporary custodya. Make inspections and surveys at any time; of your property will have your rights and duties

but only with respect to that property.

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





NEW YORK CHANGES -

COMMERCIAL GENERAL LIABILITY COVERAGE FORM


COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Paragraph 1. Insuring Agreement of Section I - (3) Prior to the policy period, no insured listed underCoverage A Bodily Injury And Property Damage Paragraph 1. of Section II - Who Is An Insured

Liability is replaced by the following: and no "employee" authorized by you to give or

1. Insuring Agreement receive notice of an "occurrence" or claim, knewthat the "bodily


hada. We will pay those sums that the insured

occurred, in whole or in part. If such a listedbecomes legally obligated to pay as ,, ,,damages because of "bodily

injury" or insured or authorized employee knew, prior to

"propertydamage"

to which this insurance the policy period, that the "bodilyinjury' or

applies. We will have the right and duty to property damage occurred, then any


seeking continuation, change or resumption of such

those damages even if the allegations of the "bodilyinjury" or "property

damage"during or

"suit"are groundless, false or fraudulent. after the policy period will be deemed to have

However, we will have no duty to defend the been known prior to the policy period.

insured against any"suit"

seeking damages c. "Bodilyinjury" or "property

damage" which occursfor "bodily


to during the policy period and was not, prior to thewhich this insurance does not apply. We

policy period, known to have occurred by anymay, at our discretion, investigate any insured listed under Paragraph 1. of Section II -"occurrence"

and settle any claim or "suit"Who Is An Insured or any

"employee" authorized bythat may result. But:

you to give or receive notice of an "occurrence" or

(1) The amount we will pay for damages is claim, includes any continuation, change orlimited as described in Section III - Limits resumption of that "bodily

injury" or "propertyOf Insurance; and damage"

after the end of the policy period.

(2) Our right and duty to defend end when we d. "Bodilyinjury" or "property

damage" will be deemedhave used up the applicable limit of to have been known to have occurred at theinsurance in the payment of judgments or earliest time when any insured listed undersettlements under Coverages A or B or Paragraph 1. of Section II - Who Is An Insured ormedical expenses under Coverage C·

any"employee"

authorized by you to give orNo other obligation or liability to pay sums or receive notice of an "occurrence" or claim:perform acts or services is covered unless

(1) Reports all, or any part, of the "bodilyinjury" or

explicitly provided for under Supplementary"property

damage"to us or any other insurer;Payments - Coverages A and B.

(2) Receives a written or verbal demand or claimb. This insurance applies to "bodily

injury" andfor damages because of the "bodily

injury" orproperty damage only if:

"property damage"; or(1) The "bodily


is caused by an "occurrence" that takesplace in the "coverage territory";


damage"

occurs during the policy period; and




(3) Becomes aware by any other means D. Paragraph 3. of Section IV - Commercialthat "bodily


General Liability Conditions is replaced by thehas occurred or has begun to occur. following:

e. Damages because of "bodilyinjury"

include 3. Legal Action Against Usdamages claimed by any person or

a. Except as provided in Paragraph b., noorganization for care, loss of services or

person or organization has a right under thisdeath resulting at any time from the bodily. Coverage Part:injury .

B. Paragraph 1.a. of Section I - Coverage B (1) To join us as a party or otherwise bring

Personal And Advertising Injury Liability is us into a "suit"asking for damages from

replaced by the following: an insured; or

1. Insuring Agreement (2) To sue us on this Coverage Part unlessall of its terms have been fully complied

a. We will pay those sums that the insured with.becomes legally obligated to pay asdamages because of "personal and A person or organization may sue us to re-

advertisinginjury"

to which this insurance cover on an agreed settlement or on a final

applies. We will have the right and duty to judgment against an insured; but we will not

defend the insured against any"suit" be liable for damages that are not payable

seeking those damages even if the under the terms of this Coverage Part or

allegations of the "suit" are groundless, that are in excess of the applicable limit of

false or fraudulent. However, we will have insurance. An agreed settlement means ano duty to defend the insured against any settlement and release of liability signed by"suit"

seeking damages for "personal and us, the insured and the claimant or the

advertisinginjury"

to which this insurance claimant's legal representative.does not apply. We may, at our discretion, b. With respect to "bodily

injury" and "personalinvestigate any offense and settle any claim

and advertisinginjury"

claims, if we denyor "suit"that may result. But:

coverage or do not admit liability because(1) The amount we will pay for damages is an insured or the injured person, someone

limited as described in Section III -acting for the injured person or other

Limits Of Insurance; and claimant fails to give us written notice as

(2) Our right and duty to defend end when soon as practicable, then the injured person,we have used up the applicable limit of someone acting for the injured person orinsurance in the payment of judgments other claimant may bring an action againstor settlements under Coverages A and us, provided the sole question is whetherB or medical expenses under Coverage the denial of coverage or nonadmission ofC. liability is based on the failure to provide

No other obligation or liability to pay sums timely notice.

or perform acts or services is covered However, the injured person, someoneunless explicitly provided for under

acting for the injured person or otherSupplementary Payments - Coverages A claimant may not bring an action if within 60and B· days after we deny coverage or do not

C. The following is added as Paragraph e. to the admit liability, we or an insured:Duties In The Event Of Occurrence, Offense,

(1) Brings an action to declare the rights ofClaim Or Suit Condition (Paragraph 2. of Section

the parties under the policy; andIV - Commercial General Liability Conditions):

(2) Names the injured person, someonee. Notice given by or on behalf of the insured . .

acting for the injured person or otheror written notice by or on behalf of the .injured person or any other claimant, to any

claimant as a party to the action.

agent of ours in New York State, withparticulars sufficient to identify the insured,shall be considered to be notice to us.

Page 2 of 3 © Insurance Services Office, Inc., 2010 CG 01 63 07 11



E. The following provision is added and supersedes F. The definition of "loading or unloading" in the

any provision to the contrary: Definitions Section does not apply.

Failure to give notice to us as required under thisCoverage Part shall not invalidate any claim made

by the insured, injured person or any other

claimant, unless the failure to provide such timelynotice has prejudiced us. However, no claimmade by the insured, injured person or otherclaimant will be invalidated if it shall be shown notto have been reasonably possible to give such

timely notice and that notice was given as soon aswas reasonably possible thereafter.




Illinois Union Insurance Com yWesidicaic. Surplus Lines Insurance Co.npany

O

!ñsursd: Attached To Policy No.: OGL G4679350A002PoK Acquisitions LLC

Effective Date: 07/19/2018

NEW YORK SURPLUS LINES NOTIFICATION

THE INSURER NAMED HEREiN IS NOT LICENSED BY THE STATE OF NEW YORK, NOTSUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER,

NOT PROTECTED BY THE NEW YORK SECURITY FUNDS. THE POLICY MAY NOT BE

SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICES

PERTAINING TO POLICY FORMS.

NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS,CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS NOTICE IS ATTACHED OTHER THAN ASSTATED ABOVE.

SL-24693 (Ed. 12/11) Page 1 of 1



Illinois UnionINSURANCE COMPANY

525 West Monroe Street, Suite 400Chicago, IL 60661

NOTICE

POLICY NO. OGL G4679350A 002

NAME OF INSURED: PoK Acquisitions LLC

ADDRESS: , New York, NY,

We are pleased to enclose your policy for this account.

Please be advised that by binding this risk with the above referenced Surplus Lines Insurance Company, you agree thatas the Surplus Lines Broker responsible for the placement of this insurance policy, it is your obligation to comply with allStates Surplus Lines Laws including completion of any declarations/affidavits that must be filed as well as payment of anyand all Surplus Lines taxes that must be the remitted to the State(s). We will look to you for indemnification if controllingSurplus Lines Laws are violated by you as the Surplus Lines broker responsible for the placement.

You further confirm that any applicable state requirement concerning a diligent search for coverage by admitted carriershas been fulfilled in accordance with state law.

Thank you for this placement and your regulatory compliance.

Date: 07/19/2018

WSG-084 (05/11) Page 1 of 1



SIGNATURES

Named Insured Endorsement NumberPoK Acip;ia;tians LLCPolicy Symbol Policy Number Policy Period Effective Date of Fnr1nmamentGPP OGL G4679350A 002 07/19/2018 to 07/19/2019 07/19/2018Issued By (Name of Insurance Company)Illinois Union insurance Company

Insert the policy number. The remainuer of the informatinn is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANYNAMED ON THE FIRST PAGE OF THE DECLARATIONS.

By signing and delivering the policy to you, we state that it is a valid contract.

ILLINOIS UNION INSURANCE COMPANY (A stock company)525 W. Monroe Street, Suite 400, Chicago, Illinois 60661

WESTCHESTER SURPLUS LINES INSURANCE COMPANY (A stock company)Royal Centre Two, 11575 Great Oaks Way, Suite 200, Alpharetta, GA 30022

REBECCA L COLLINS, Secretary JOHN J. LUPICA. President

Authorized Representative

LD-5S23j (03/14) Page 1 of 1



ILP 001 01 04

U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGNASSETS CONTROL ("OFAC")

ADVISORY NOTICE TO POLICYHOLDERS

No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy.You should read your policy and review your Declarations page for complete information on the coverages you areprovided.

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

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

• Foreign agents;

• Front organizations;

• Terrorists;

• Terrorist organizations; and

• Narcotics traffickers;

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

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

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



POLICY NUMBER: OGL G4679350A 002 COMMERCIAL PROPERTY


VACANCY PERMIT


BUILDING AND PERSONAL PROPERTY COVERAGE FORMCONDOMINIUM ASSOCIATION COVERAGE FORMCONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORMSTANDARD PROPERTY POLICY

SCHEDULE

Prem. BIdg. Excepted Causes of Loss Permit PeriodNo. No. Vandalism Sprinkler Leakage From To

372 Main 372 Main X 07/19/2018 07/19/2019Street,Poughke Street,Poughkee

epsie,NY,12601 psie,NY,12601

19 Academy 19 Academy X 07/19/2018 07/19/2019Street,Poughke Street,Poughkee






370 Main 370 Main X 07/19/2018 07/19/2019Street,Poughke Street,Poughkee


A. The VACANCY Loss Condition does not apply to direct physical loss or damage:

1. At the locations; and

2. During the Permit Period;

shown in the Schedule or in the Declarations.

B. This Vacancy Permit does not apply to the Excepted Causes of Loss indicated in the Declarations or by an "X"

in the Schedule.

CP 04 50 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 1



CONSTRUCTION OPERATIONS EfC USION - DESIGNATED LOCATIONS

Named Insured Endorsement NumberPoK Acquisitions LLC 001Policy Symbol Policy Number Policy Period Effective Date of EndorsementGPP OGL G4679350A 002 07/19/2018 to 07/19/2019 07/19/2018Issued By (Name of Insurance Company)Illinois Union Insurance CompanyInsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.




SCHEDULE

Premises Building Address

Number Number

Location1 1 372 Main Street,Poughkeepsie,NY,12601

Location2 2 19 Academy Street,Poughkeepsie,NY,12601




The following exclusion is added to the policy:

With respect to any location scheduled above, this insurance does not apply to "bodily injury", "property damage","personal and advertising injury", or medical expenses arising out of any the following operations: construction,"construction services", demolition, renovation or site preparations at or connected with such location. Thisexclusion applies to all operations including those included in the "products-completed operations

hazard"

"ConstructionServices"

includes, but is not limited to, surveying, drafting, test borings, or inspections.

All other terms and conditions of this policy remain unchanged.


LD-43208 (06/14) Page 1 of 1



EMPLOYERS LIABILITY EXCLUSiON - ALÏ ÏÑiT3[OYEES, VOLUNTEER WORKERS,TEMPORARY WORKERS, CASUAL LABORERS, CONTRACTORS, AND

SUBCONTRACTORS - DESIGNATED LOCATIONS

Named Insured Endorsement NumberPoK Acquisitions LLC 002Policy Symbol Policy Number Policy Period Effective Date of EndorsementGPP OGL G4679350A 002 07/19/2018 to 07/19/2019 07/19/2018Issued By (Name of Insurance Company)Illinois Union Insurance CompanyInsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.




SCHEDULE

Premises Building Address

Number Number






The policy is amended as follows:

With respect to your liability arising out of operations at or connected with any location scheduled above,Section I - Coverages, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, e.

Employer's Liability is deleted in its entirety and replaced with the following:

e. Employer's Liability

(1) "Bodilyinjury"

to any "employee", "volunteer worker", "temporaryworker"

or "casuallaborer"

arisingout of or in the course of:

(a) Employment by any insured; or

(b) Performing duties related to the conduct of any insured's business;

(2) "Bodilyinjury"

to any contractor, subcontractor or any "employee", "volunteer worker", "temporaryworker"or "casual

laborer"of any contractor or subcontractor arising out of or in the course of the

rendering or performing services of any kind or nature whatsoever by such contractor, subcontractoror "employee", "volunteer worker", "temporary

worker"or "casual

laborer"of such contractor or

subcontractor for which any insured may become liable in any capacity; or

LD-43206 (06/14) Page 1 of 2



(3) Any obligation of any insured to indemnify or contribute with another because of damages arisingout of such "bodily injury"; or

(4) "Bodilyinjury"

to the spouse, child, parent, brother or sister of any "employee", "volunteer worker","temporary

worker"or "casual

laborer"of any insured, or of a contractor, subcontractor, or of any

"employee", "volunteer worker", "temporaryworker"

or "casuallaborer"

of any contractor orsubcontractor as a consequence of any injury to any person as set forth in (1) and (2) above.

This exclusion applies to all claims and"suits"

by any person or organization for damages because ofsuch "bodily injury", including damages for care and loss of services and any claim under which anyinsured may be held liable under any

Workers'Compensation law.

"Casuallaborer"

means any person providing work or materials to any insured for compensation of anytype.



LD-43206 (06/14) Page 2 of 2





EMPLOYMENT-RELATED PRACTICES EXCLUSION



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

This insurance does not apply to: This insurance does not apply to:

"Bodilyinjury" to: "Personal and advertising

injury" to:

(1) A person arising out of any: (1) A person arising out of any:

(a) Refusal to employ that person; (a) Refusal to employ that person;

(b) Termination of that person's employment; or (b) Termination of that person's employment; or

(c) Employment-related practices, policies, acts or (c) Employment-related practices, policies, acts or

omissions, such as coercion, demotion, omissions, such as coercion, demotion,evaluation, reassignment, discipline, defamation, evaluation, reassignment, discipline, defamation,harassment, humiliation, discrimination or harassment, humiliation, discrimination ormalicious prosecution directed at that person; or malicious prosecution directed at that person; or

(2) The spouse, child, parent, brother or sister of that (2) The spouse, child, parent, brother or sister of thatperson as a consequence of "bodily

injury" to that person as a consequence of "personal andperson at whom any of the employment-related advertising

injury" to that person at whom any of thepractices described in Paragraphs (a), (b), or (c) employment-related practices described inabove is directed. Paragraphs (a), (b), or (c) above is directed.

This exclusion applies: This exclusion applies:

(1) Whether the injury-causing event described in (1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs before Paragraphs (a), (b) or (c) above occurs before

employment, during employment or after employment, during employment or afteremployment of that person; employment of that person;

(2) Whether the insured may be liable as an employer or (2) Whether the insured may be liable as an employer orin any other capacity; and in any other capacity; and

(3) To any obligation to share damages with or repay (3) To any obligation to share damages with or repaysomeone else who must pay damages because of someone else who must pay damages because ofthe injury. the injury.





EXCLUSION – NEW ENTITIES



EXCLUSION – NEW ENTITIES



Paragraph 3. of Section II – Who Is An Insured doesnot apply.



CG 21 04 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1

COMMERCIAL GENERAL LIABILITY


EXCLUSION – PRODUCTS-COMPLETED OPERATIONS HAZARD

EXCLUSION – PRODUCTS-COMPLETED OPERATIONSHAZARD


COMMERCIAL GENERAL LIABILITY COVERAGE PART.

This insurance does not apply to "bodily injury" or "property damage" included within the "products-completedoperations hazard".



LD-43210 (06/14) Page 1 of 1

EXPANDED DEFINITION OF BODILY INJURY

EXPANDED DEFINITION OF BODILY INJURY

Named InsuredPoK Acquisitions LLC

Endorsement Number006

Policy SymbolGPP

Policy NumberOGL G4679350A 002

Policy Period07/19/2018 to 07/19/2019

Effective Date of Endorsement07/19/2018

Issued By (Name of Insurance Company)Illinois Union Insurance CompanyInsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.This endorsement modifies insurance provided under the following:


The policy is amended as follows:

Definition 3. “Bodily injury” in SECTION V. DEFINITIONS is deleted in its entirety and replaced withthe following:

3. “Bodily injury” means bodily injury, sickness or disease sustained by a person, including death resultingfrom any of these at any time. “Bodily injury” includes mental anguish or emotional distress resulting frombodily injury, sickness or disease.





LD-43239 (06/14) Page 1 of 1

EXTERIOR WORK OVER 50 FEET EXCLUSION

EXTERIOR WORK OVER 50 FEET EXCLUSION



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019






This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury”arising from or resulting, directly or indirectly, from:

1. “Your work” on the exterior of any building or structure in excess of fifty (50) feet in height; or2. “Your work” on the exterior of any building or structure that is proposed to be over fifty (50) feet

in height.

This exclusion will not apply to “your work” performed within the interior walls of any building orstructure.





LD-43203 (06/14) Page 1 of 1

INDEPENDENT CONTRACTORS/SUBCONTRACTORS EXCLUSION - DESIGNATED LOCATIONS

INDEPENDENT CONTRACTORS/SUBCONTRACTORS EXCLUSION - DESIGNATEDLOCATIONS



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019





SCHEDULE

PremisesNumber

BuildingNumber

Address

Location1 1 372 Main Street,Poughkeepsie,NY,12601Location2 2 19 Academy Street,Poughkeepsie,NY,12601Location3 3 21 Academy Street,Poughkeepsie,NY,12601Location4 4 23 Academy Street,Poughkeepsie,NY,12601Location6 5 370 Main Street,Poughkeepsie,NY,12601


With respect to operations at or connected with any location scheduled above, this insurance does notapply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of (a) theoperations performed for or on behalf of any insured by any contractor(s) or (b) acts or omissions of anyinsured in the selection, retention or supervision of any contractor(s). The term contractor(s) includessubcontractor(s). This exclusion applies to all operations including those included in the “products-completed operations hazard”






POLICY NUMBER: OGL G4679350A 002 COMMERCIAL GENERAL LIABILITYCG 21 44 07 98

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT

LIMITATION OF COVERAGE TO DESIGNATEDPREMISES OR PROJECT



SCHEDULE

Premises:372 Main Street,Poughkeepsie,NY,12601

Project:

Premises:19 Academy Street,Poughkeepsie,NY,12601

Project:


Project:


Project:

Premises:370 Main Street,Poughkeepsie,NY,12601

Project:



Page 2 of 2 Copyright, Insurance Services Office, Inc., 1997 CG 21 44 07 98

(If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.)

This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medicalexpenses arising out of:

1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary orincidental to those premises; or

2. The project shown in the Schedule.



LD-43209 (06/14) Page 1 of 2

POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS

POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD EXCLUSIONWITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019





SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Paragraph 2. Exclusions, f. Pollution is deleted in its entirety and replaced with the following:

f. Pollution, Organic Pathogen, Silica, Asbestos and Lead(1) “Bodily injury” or “property damage”; or(2) Diminishing or lessening in value of property or for damages from the taking, use or acquisition or

interference with the rights of others in property or air space; or(3) Loss, cost or expense, including but not limited to payment for investigation or defense, fines and

penalties, arising out of any governmental or any private party action, that an insured or any otherparty test for, monitor, clean up, remove, contain, mitigate, treat, detoxify or neutralize or in any wayrespond to or assess the actual or alleged effects of “pollutants”, “organic pathogens”, “silica”,asbestos, or lead;

arising directly, indirectly, in concurrence with or in any sequence out of the actual, alleged or threatenedpresence of or exposure to, ingestion, inhalation, absorption, contact with discharge, dispersal, seepage,release or escape of “pollutants”, “organic pathogens”, “silica”, asbestos, or lead, whether or not any ofthe foregoing are (1) sudden, accidental or gradual in nature; (2) intentional; or (3) expected or intendedfrom the standpoint of the insured.

This exclusion applies even if the “pollutant”, “organic pathogen”, “silica”, asbestos, or lead has afunction in, or is used by you in your business, operations, premises, site or location.

This exclusion does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumesfrom a "hostile fire" unless that "hostile fire" occurred or originated:

(1) At any premises, site or location which is or was at any time used by or for any insured or othersfor the handling, storage, disposal, processing or treatment of waste; or

(2) At any premises, site or location on which any insured or any contractors or subcontractorsworking directly or indirectly on any insured's behalf are performing operations to test for,monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, orassess the effects of, "pollutants".

This exclusion does not apply to “bodily injury” or “property damage” arising from the consumption offood products intended for human consumption.



LD-43209 (06/14) Page 2 of 2

“Pollutants” mean[s] any solid, liquid, gaseous, bacterial, fungal, electromagnetic, thermal or othersubstance that can be toxic or hazardous, cause irritation to animals or persons and/or causecontamination to property and the environment including smoke, vapor, soot, fumes, acids, alkalis,chemicals, toxic materials, “volatile organic compound” and gases therefrom, radon, combustionbyproducts and waste. Specific examples identified as pollutants include, but are not limited to, diesel,kerosene, and other fuel oils; carbon monoxide and other exhaust gases; mineral spirits and othersolvents; tetrachloroethylene, perchloroethylene (PERC), trichloroethylene (TCE), methylenechloroform, and other dry cleaning chemicals; chlorofluorocarbons, chlorinated hydrocarbons,adhesives, pesticides, insecticides, and all substances specifically listed, identified, or described by oneor more of the following references: Comprehensive Environmental Response, Compensation, andLiability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions),Agency for Toxic Substances And Disease Registry ToxFAQs™, and/or U.S. EnvironmentalProtection Agency EMCI Chemical References Complete Index. “Pollutants” includes thesubstances separately defined in this endorsement.

“Silica” means silica in any form and any of its derivatives, including but not limited to silica dust, silicondioxide, crystalline silica, quartz, or non-crystalline (amorphous) silica.

“Volatile organic compound” means any compound which discharges organic gases as it decomposesor evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives,construction materials made with organic chemicals, solvents, paint, varnish and cleaning products.

“Waste” means any property intended to be disposed, recycled, reused or reclaimed by the owner oruser thereof.

“Organic pathogen” means any organic irritant or contaminant, including but not limited to mold, fungus,bacteria or virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenicaerosol.





LD-43205 (06/14) Page 1 of 1

PRE-EXISTING OR PROGRESSIVE DAMAGE EXCLUSION

PRE-EXISTING OR PROGRESSIVE DAMAGE EXCLUSION



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019





The following exclusion is added to SECTION I – COVERAGES, COVERAGE A Bodily Injury and PropertyDamage Liability, Paragraph 2. Exclusions:

Pre-existing or Progressive DamageThis insurance does not apply to “bodily injury” or “property damage”, or any damages arising outof or related to “bodily injury” or “property damage”, whether known or unknown:

a. Which first occurred, or is alleged to have first occurred, in whole or in part, prior tothe inception date of this policy; or

b. Which are, or alleged to be, in the process of occurring, in whole or in part, prior tothe inception date of this policy, even if the “occurrence” continues, changes orresumes during the policy period; or

c. Which is in the process of being reported, investigated, in litigation or settled as ofthe inception date of this policy.







RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION

RECORDING AND DISTRIBUTION OF MATERIAL ORINFORMATION IN VIOLATION OF LAW EXCLUSION



A. Exclusion q. of Paragraph 2. Exclusions of Sec-tion I – Coverage A – Bodily Injury And Prop-erty Damage Liability is replaced by the follow-ing:2. Exclusions

This insurance does not apply to:q. Recording And Distribution Of Material

Or Information In Violation Of Law"Bodily injury" or "property damage" arisingdirectly or indirectly out of any action oromission that violates or is alleged to vio-late:

(1) The Telephone Consumer ProtectionAct (TCPA), including any amendmentof or addition to such law;

(2) The CAN-SPAM Act of 2003, includingany amendment of or addition to suchlaw;

(3) The Fair Credit Reporting Act (FCRA),and any amendment of or addition tosuch law, including the Fair and Accu-rate Credit Transaction Act (FACTA); or

(4) Any federal, state or local statute, ordi-nance or regulation, other than theTCPA, CAN-SPAM Act of 2003 orFCRA and their amendments and addi-tions, that addresses, prohibits, or limitsthe printing, dissemination, disposal,collecting, recording, sending, transmit-ting, communicating or distribution ofmaterial or information.

B. Exclusion p. of Paragraph 2. Exclusions of Sec-tion I – Coverage B – Personal And AdvertisingInjury Liability is replaced by the following:2. Exclusions

This insurance does not apply to:p. Recording And Distribution Of Material

Or Information In Violation Of Law"Personal and advertising injury" arising di-rectly or indirectly out of any action oromission that violates or is alleged toviolate:

(1) The Telephone Consumer ProtectionAct (TCPA), including any amendmentof or addition to such law;

(2) The CAN-SPAM Act of 2003, includingany amendment of or addition to suchlaw;

(3) The Fair Credit Reporting Act (FCRA),and any amendment of or addition tosuch law, including the Fair and Accu-rate Credit Transaction Act (FACTA); or

(4) Any federal, state or local statute, ordi-nance or regulation, other than theTCPA, CAN-SPAM Act of 2003 orFCRA and their amendments and addi-tions, that addresses, prohibits, or limitsthe printing, dissemination, disposal,collecting, recording, sending, transmit-ting, communicating or distribution ofmaterial or information.



FA-43198 (06/14) Page 1 of 2

ABSOLUTE POLLUTION EXCLUSION – PROPERTY

ABSOLUTE POLLUTION EXCLUSION – PROPERTY



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019




COMMERCIAL PROPERTY COVERAGE PART

The following supersedes the terms and conditions of this policy. This policy does not insure against loss orexpense, including but not limited to the cost of defense for:

1) direct physical loss of or damage to Covered Property,2) your expense to remove debris of Covered Property,

3) any actual loss of Business Income you sustain due to the suspension of your “operations” during any“period of restoration”,

4) any extra expense you incur during any “period of restoration”,

5) damages for the devaluation of property or for the taking, use or acquisition or interference with the rightsof others in property or air space,

6) any loss, cost or expense, including but not limited to fines and penalties, arising out of any governmentaldirection or request, or any private party or citizen action requiring, that you test for, monitor, clean up,remove, contain, treat, detoxify or neutralize “pollutants”, or

7) any litigation or administrative procedure in which an insured may be involved as a party;

arising directly, indirectly, or in concurrence or in any sequence with another cause of loss, out of actual, allegedor threatened existence, discharge, dispersal, release or escape of “pollutants”, whether or not such actual,alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradual innature.

This exclusion applies even if such “pollutant” has a function in, or is used by you in your business, operations,premises, site or location.“Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited tosmoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, “volatile organic compound” and gasestherefrom, radon, combustion byproducts and “waste.”“Volatile organic compound” means any compound which discharges organic gases as it decomposes orevaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, constructionmaterials made with organic chemicals, solvents, paint varnish and cleaning products.

“Waste” means any property intended to be disposed, recycled, reused or reclaimed by the owner or userthereof.



FA-43198 (06/14) Page 2 of 2

If not already defined elsewhere in this policy, for purposes of this endorsement the following terms shall have thefollowing meanings:

“Business Income” means the net income and continuing normal operating expenses, including payroll,that would have been earned or incurred but for the “suspension” of your “operations.” For manufacturingrisks, Net Income includes the net sales value of production.

"Operations" means your business activities occurring at the described premises.

"Period of restoration" means the period of time after the time of direct physical loss or damage at thedescribed premises, which ends when the property at the described premises is or should be repaired,rebuilt or replaced with reasonable speed and similar quality or when business is resumed at a newpermanent location.

“Suspension” means the slowdown or cessation of your business activities.

All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy andtakes effect on the effective date of your policy unless another effective date is shown.




CC-45079 (12/14) Page 1 of 1

PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION

AMENDMENT TO COMMON POLICY CONDITIONS



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019




BUILDING AND PERSONAL PROPERTY COVERAGE FORMCOMMERCIAL GENERAL LIABILITY COVERAGE FORM

The Section A. Cancellation section of the Common Policy Conditions endorsement is hereby replaced withthe following:

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to usadvance written notice of cancellation.

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

a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or

b. 30 days before the effective date of cancellation if we cancel for failure to comply with mandatoryinspection recommendations; or

c. 30 days before the effective date of cancellation if we cancel for any other reason.

3. We will mail or deliver our notice to the first Named Insured’s last mailing address known to us.

4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.

5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, therefund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. Thecancellation 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.

7. If this policy is cancelled for any reason, other than at the request of the company, the minimum earnedpremium for this policy will be 25% of the total policy premium. This minimum earned premium is notsubject to a short rate or pro rata adjustment.




FA-43196 (06/14) Page 1 of 1

ASBESTOS MATERIAL EXCLUSION

ASBESTOS MATERIAL EXCLUSION



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019





The following supersedes the terms and conditions of this policy. This policy does not provide coverage for thefollowing:

1) demolition or increased cost of reconstruction, repair, debris removal or loss of use necessitated by theenforcement of any law or ordinance regulating asbestos material.

2) any government direction or request declaring that asbestos material present in or part of or utilized onany undamaged portion of the insured's property can no longer be used for the purpose for which itwas intended or installed and must be removed or modified.





TRIA11c (1/15) Includes copyrighted material of Insurance Services office, Inc., with its permission.

DISCLOSURE PURSUANT TO TERRORISM RISKINSURANCE ACT


Endorsement Number

Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019


Issued By (Name of Insurance Company)Illinois Union Insurance Company

Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.


Disclosure Of Premium

In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing theportion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act.The portion of your premium attributable to such coverage is shown in this endorsement or in the policy Declarations.

Disclosure Of Federal Participation In Payment Of Terrorism Losses

The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federalprogram. The federal share equals 85% for year 2015, 84% beginning on January 2016; 83% beginning on January 12017, 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020 ofthat portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregateinsured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in acalendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100billion.

Cap On Insurer Participation In Payment Of Terrorism Losses

If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not beliable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insuredlosses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary ofthe Treasury.

Terrorism Risk Insurance Act premium: $0




FA-43192 (06/14) Page 1 of 2

LEAD EXCLUSION

LEAD EXCLUSION



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019




BUILDING AND PERSONAL PROPERTY COVERAGE FORMCONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORMBUILDERS RISK COVERAGE FORM

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORMBUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

EXTRA EXPENSE COVERAGE FORMSTANDARD PROPERTY POLICY

The following supersedes and replaces any provisions of this policy to the contrary. This policy does not insureagainst loss or expense, including but not limited to the cost of defense for:

1. direct physical loss of or damage to Covered Property;2. expense to remove debris of Covered Property;

3. any actual loss of Business Income you sustain due to the “suspension” of your “operations” during any“period of restoration”;

4. any extra expense you incur during any “period of restoration”;

5. damages for the devaluation of property or for the taking, use or acquisition or interference with therights of others in property or air space;

6. any loss, cost or expense, including but not limited to fines or penalties, arising out of any governmentaldirection or request, or any private party or citizen action requiring, that an insured test for, monitor,clean up, remove, contain, treat, detoxify or neutralize lead; or

7. any litigation or administrative procedure in which an insured may be involved as a party;arising directly, indirectly, or in concurrence, or in any sequence with another cause of loss, out of actual, allegedor threatened existence, discharge, dispersal, release or escape of lead, whether or not such actual, alleged orthreatened existence, discharge, release or escape is sudden, accidental or gradual in nature or expected orintended from the standpoint of any insured.

This exclusion applies even if lead has a function in, or is used by you in your business, “operations”, premises,site or location.

This exclusion only applies if the insured structure(s) was built prior to 1980 and ahs a significant potential forlead loss exposure and has not undergone lead abatement.This exclusion does not apply to loss or expense arising out of heat, smoke or fumes from a “hostile fire” unlessthat “hostile fire” occurred or originated:



FA-43192 (06/14) Page 2 of 2

1. At the premises, site or location which is or was at any time used by or for any insured or others for thehandling, storage disposal, processing or treatment of “waste”, or

2. At any premises, site or location on which any insured or any contractors or subcontractors workingdirectly or indirectly on any insured’s behalf are performing operations to test for, monitor, cleanup,remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of lead.

“Hostile fire” means a fire, which becomes uncontrollable or breaks out from where it was intended to be."Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or userthereof.


“Business Income” means the net income and continuing normal operating expenses, including payroll, thatwould have been earned or incurred but for the “suspension” of your “operations.” For manufacturing risks, NetIncome includes the net sales value of production."Operations" means your business activities occurring at the described premises."Period of restoration" means the period of time after the time of direct physical loss or damage at thedescribed premises, which ends when the property at the described premises is or should be repaired, rebuiltor replaced with reasonable speed and similar quality or when business is resumed at a new permanentlocation.“Suspension” means the slowdown or cessation of your business activities.





FA-43191 (06/14) Page 1 of 1

MAINTENANCE OF HEAT CONDITION

MAINTENANCE OF HEAT CONDITIONNamed InsuredPoK Acquisitions LLC


Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019








It is a condition of this policy that the Insured shall maintain heat in the building(s) and other structure(s) coveredunder this policy under the control of the Insured to prevent freezing of plumbing, heating and/or fire protectivesystems. Failure to comply with this provision of the policy shall void coverage for loss or losses caused by orresulting from, directly or indirectly, the freezing of plumbing, heating and/or fire protective systems.

All other terms and conditions of this policy remain unchanged. This endorsement as a part of your policy andtakes effect on the effective date of your policy unless another effective date is shown.




FA-43199 (06/14) Page 1 of 2

MOLD, FUNGUS, BACTERIA, VIRUS OR ORGANIC PATHOGEN EXCLUSION

MOLD, FUNGUS, BACTERIA, VIRUS OR ORGANIC PATHOGEN EXCLUSION



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019





The following supersedes the terms and conditions of this policy. This policy does not insure against loss orexpense, including but not limited to the cost of defense for:

1) direct physical loss of or damage to Covered Property,2) your expense to remove debris of Covered Property,

3) any actual loss of Business Income you sustain due to the suspension of your “operations” during any“period of restoration”,

4) any extra expense you incur during any “period of restoration”,

5) damages for the devaluation of property or for the taking, use or acquisition or interference with the rightsof others in property or air space,

6) any loss, cost or expense, including but not limited to fines and penalties, arising out of any governmentaldirection or request, or any private party or citizen action requiring, that you test for, monitor, clean up,remove, contain, treat, detoxify or neutralize “organic pathogens”, or

7) to any litigation or administrative procedure in which an insured may be involved as a party;arising directly, indirectly, or in concurrence, or in any sequence with another case of loss, out of actual, allegedor threatened existence, discharge, dispersal, release or escape of “organic pathogens”, whether or not suchactual, alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradualin nature.

This exclusion applies even if such mold, fungus, bacteria, virus or “organic pathogen” has a function in, or isused by you in your business, operations, premises, site or location.“Organic pathogen” means any organic irritant or contaminant, including but not limited to mold, fungus, bacteriaor virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenic aerosol.


“Business Income” means the net income and continuing normal operating expenses, including payroll,that would have been earned or incurred but for the “suspension” of your “operations.” For manufacturingrisks, Net Income includes the net sales value of production.

"Operations" means your business activities occurring at the described premises.



FA-43199 (06/14) Page 2 of 2

"Period of restoration" means the period of time after the time of direct physical loss or damage at thedescribed premises, which ends when the property at the described premises is or should be repaired,rebuilt or replaced with reasonable speed and similar quality or when business is resumed at a newpermanent location.

“Suspension” means the slowdown or cessation of your business activities.






IL 02 68 01 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NEW YORK CHANGES – CANCELLATION AND NONRENEWAL

NEW YORK CHANGES – CANCELLATIONAND NONRENEWAL


CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTCRIME AND FIDELITY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 1., 2., 3. and 5. of the CancellationCommon Policy Condition are replaced by thefollowing:1. The first Named Insured shown in the

Declarations may cancel this entire policy bymailing or delivering to us advance writtennotice of cancellation.

2. Cancellation Of Policies In Effecta. 60 Days Or Less

We may cancel this policy by mailing ordelivering to the first Named Insured writtennotice of cancellation at least:

(1) 30 days before the effective date ofcancellation if we cancel for any reasonnot included in Paragraph A.2.b. below.

(2) 15 days before the effective date ofcancellation if we cancel for any of thereasons included in Paragraph A.2.b.below.

b. For More Than 60 DaysIf this policy has been in effect for morethan 60 days, or if this policy is a renewal orcontinuation of a policy we issued, we maycancel only for any of the reasons listedbelow, provided we mail the first NamedInsured written notice at least 15 daysbefore the effective date of cancellation:

(1) Nonpayment of premium, providedhowever, that a notice of cancellation onthis ground shall inform the first NamedInsured of the amount due;

(2) Conviction of a crime arising out of actsincreasing the hazard insured against;

(3) Discovery of fraud or materialmisrepresentation in the obtaining of thepolicy or in the presentation of a claim;

(4) After issuance of the policy or after thelast renewal date, discovery of an act oromission, or a violation of any policycondition, that substantially andmaterially increases the hazard insuredagainst, and which occurred subsequentto inception of the current policy period;

(5) Material physical change in the propertyinsured, occurring after issuance or lastannual renewal anniversary date of thepolicy, which results in the propertybecoming uninsurable in accordancewith our objective, uniformly appliedunderwriting standards in effect at thetime the policy was issued or lastrenewed; or material change in thenature or extent of the risk, occurringafter issuance or last annual renewalanniversary date of the policy, whichcauses the risk of loss to besubstantially and materially increasedbeyond that contemplated at the timethe policy was issued or last renewed;

(6) Required pursuant to a determination bythe Superintendent that continuation ofour present premium volume wouldjeopardize our solvency or behazardous to the interest of ourpolicyholders, our creditors or the public;



Page 2 of 5 © Insurance Services Office, Inc., 2013 IL 02 68 01 14

(7) A determination by the Superintendentthat the continuation of the policy wouldviolate, or would place us in violation of,any provision of the Insurance Code; or

(8) Where we have reason to believe, ingood faith and with sufficient cause, thatthere is a probable risk of danger thatthe insured will destroy, or permit to bedestroyed, the insured property for thepurpose of collecting the insuranceproceeds. If we cancel for this reason,you may make a written request to theDepartment of Financial Services, within10 days of receipt of this notice, toreview our cancellation decision. Also,we will simultaneously send a copy ofthis cancellation notice to theDepartment of Financial Services.

3. We will mail or deliver our notice, including thereason for cancellation, to the first NamedInsured at the address shown in the policy andto the authorized agent or broker.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata.However, when the premium is advancedunder a premium finance agreement, thecancellation refund will be pro rata. Under suchfinanced policies, we will be entitled to retain aminimum earned premium of 10% of the totalpolicy premium or $60, whichever is greater.The cancellation will be effective even if wehave not made or offered a refund.

B. The following is added to the CancellationCommon Policy Condition:7. If one of the reasons for cancellation in

Paragraph A.2.b. or D.2.b.(2) exists, we maycancel this entire policy, even if the reason forcancellation pertains only to a new coverage orendorsement initially effective subsequent tothe original issuance of this policy.

C. The following conditions are added:1. Nonrenewal

If we decide not to renew this policy we willsend notice as provided in Paragraph C.3.below.

2. Conditional RenewalIf we conditionally renew this policy subject to:a. A change of limits;

b. A change in type of coverage;c. A reduction of coverage;d. An increased deductible;e. An addition of exclusion; orf. Increased premiums in excess of 10%,

exclusive of any premium increase due toand commensurate with insured valueadded or increased exposure units; or as aresult of experience rating, loss rating,retrospective rating or audit;

we will send notice as provided in ParagraphC.3. below.

3. Notices Of Nonrenewal And ConditionalRenewala. If we decide not to renew this policy or to

conditionally renew this policy as providedin Paragraphs C.1. and C.2. above, we willmail or deliver written notice to the firstNamed Insured shown in the Declarationsat least 60 but not more than 120 daysbefore:

(1) The expiration date; or(2) The anniversary date if this is a

continuous policy.b. Notice will be mailed or delivered to the first

Named Insured at the address shown in thepolicy and to the authorized agent orbroker. If notice is mailed, proof of mailingwill be sufficient proof of notice.

c. Notice will include the specific reason(s) fornonrenewal or conditional renewal,including the amount of any premiumincrease for conditional renewal anddescription of any other changes.

d. If we violate any of the provisions ofParagraph C.3.a., b. or c. above by sendingthe first Named Insured an incomplete orlate conditional renewal notice or a latenonrenewal notice:

(1) And if notice is provided prior to theexpiration date of this policy, coveragewill remain in effect at the same termsand conditions of this policy at the lowerof the current rates or the prior period'srates until 60 days after such notice ismailed or delivered, unless the firstNamed Insured, during this 60-dayperiod, has replaced the coverage orelects to cancel;




(2) And if the notice is provided on or afterthe expiration date of this policy,coverage will remain in effect at thesame terms and conditions of this policyfor another policy period, at the lower ofthe current rates or the prior period'srates, unless the first Named Insured,during this additional policy period, hasreplaced the coverage or elects tocancel.

e. If you elect to renew on the basis of a lateconditional renewal notice, the terms,conditions and rates set forth in such noticeshall apply:

(1) Upon expiration of the 60-day period,unless Subparagraph (2) below applies;or

(2) Notwithstanding the provisions inParagraphs d.(1) and d.(2), as of therenewal date of the policy if theconditional renewal notice was sent atleast 30 days prior to the expiration oranniversary date of the policy.

f. We will not send you notice of nonrenewalor conditional renewal if you, yourauthorized agent or broker or anotherinsurer of yours mails or delivers notice thatthe policy has been replaced or is no longerdesired.

D. The following provisions apply when theCommercial Property Coverage Part, the FarmCoverage Part or the Capital Assets Program(Output Policy) Coverage Part is made a part ofthis policy:1. Items D.2. and D.3. apply if this policy meets

the following conditions:a. The policy is issued or issued for delivery in

New York State covering property locatedin this state; and

b. The policy insures:(1) For loss of or damage to structures,

other than hotels or motels, usedpredominantly for residential purposesand consisting of no more than fourdwelling units; or

(2) For loss of or damage to personalproperty other than farm personalproperty or business property; or

(3) Against damages arising from liability forloss of, damage to or injury to personsor property, except liability arising frombusiness or farming; and

c. The portion of the annual premiumattributable to the property andcontingencies described in 1.b. exceeds theportion applicable to other property andcontingencies.

2. Paragraph 2. of the Cancellation CommonPolicy Condition is replaced by the following:2. Procedure And Reasons For

Cancellationa. We may cancel this entire policy by

mailing or delivering to the first NamedInsured written notice of cancellation atleast:

(1) 15 days before the effective date ofcancellation if we cancel fornonpayment of premium, providedhowever, that a notice of cancellationon this ground shall inform the firstNamed Insured of the amount due;or

(2) 30 days before the effective date ofcancellation if we cancel for anyother reason.

b. But if this policy:(1) Has been in effect for more than 60

days; or(2) Is a renewal of a policy we issued;we may cancel this policy only for one ormore of the following reasons:

(1) Nonpayment of premium, providedhowever, that a notice of cancellationon this ground shall inform the firstNamed Insured of the amount due;

(2) Conviction of a crime arising out ofacts increasing the risk of loss;

(3) Discovery of fraud or materialmisrepresentation in obtaining thepolicy or in making a claim;

(4) Discovery of willful or reckless actsor omissions increasing the risk ofloss;

(5) Physical changes in the coveredproperty that make that propertyuninsurable in accordance with ourobjective and uniformly appliedunderwriting standards in effectwhen we:

(a) Issued the policy; or(b) Last voluntarily renewed the

policy;



Page 4 of 5 © Insurance Services Office, Inc., 2013 IL 02 68 01 14

(6) The Superintendent of FinancialServices' determination thatcontinuing the policy would violateChapter 28 of the Insurance Law; or

(7) Required pursuant to adetermination by the Superintendentof Financial Services that thecontinuation of our present premiumvolume would be hazardous to theinterests of our policyholders, ourcreditors or the public.

3. The following are added:a. Conditional Continuation

Instead of cancelling this policy, we maycontinue it on the condition that:

(1) The policy limits be changed; or(2) Any coverage not required by law be

eliminated.If this policy is conditionally continued, wewill mail or deliver to the first NamedInsured written notice at least 20 daysbefore the effective date of the change orelimination. We will mail or deliver ournotice to the first Named Insured's lastmailing address known to us. If notice ismailed, proof of mailing will be sufficientproof of notice. Delivery of the notice will bethe same as mailing.

b. NonrenewalIf, as allowed by the laws of New YorkState, we:

(1) Do not renew this policy; or(2) Condition policy renewal upon:

(a) Change of limits; or(b) Elimination of coverage;

we will mail or deliver written notice ofnonrenewal or conditional renewal:

(a) At least 45 days; but(b) Not more than 60 days;

before the expiration date of the policy. Wewill mail or deliver our notice to the firstNamed Insured's last mailing addressknown to us. If notice is mailed, proof ofmailing will be sufficient proof of notice.Delivery of the notice will be the same asmailing.

E. The following is added to the Farm Property –Other Farm Provisions Form – AdditionalCoverages, Conditions, Definitions, theCommercial Property Coverage Part and theCapital Assets Program (Output Policy) CoveragePart:When the property is subject to the Anti-arsonApplication in accordance with New YorkDepartment of Financial Services' InsuranceRegulation No. 96, the following provisions areadded:If you fail to return the completed, signed andaffirmed anti-arson application to us:1. Or our broker or agent within 45 days of the

effective date of a new policy, we will cancelthe entire policy by giving 20 days' writtennotice to you and to the mortgageholder shownin the Declarations.

2. Before the expiration date of any policy, we willcancel the policy by giving written notice to youand to the mortgageholder shown in theDeclarations at least 15 days before theeffective date of cancellation.

The cancellation provisions set forth in E.1. andE.2. above supersede any contrary provisions inthis policy including this endorsement.If the notice in E.1. or E.2. above is mailed, proofof mailing will be sufficient proof of notice. Deliveryof the notice will be the same as mailing.

F. The following applies to the Commercial PropertyCoverage Part, the Farm Coverage Part and theCapital Assets Program (Output Policy) CoveragePart:Paragraphs f. and g. of the MortgageholdersCondition are replaced by the following:

f. Cancellation(1) If we cancel this policy, we will give

written notice to the mortgageholder atleast:

(a) 10 days before the effective date ofcancellation if we cancel for yournonpayment of premium; or

(b) 30 days before the effective date ofcancellation if we cancel for anyother reason.




(2) If you cancel this policy, we will givewritten notice to the mortgageholder.With respect to the mortgageholder'sinterest only, cancellation will becomeeffective on the later of:

(a) The effective date of cancellation ofthe insured's coverage; or

(b) 10 days after we give notice to themortgageholder.

g. Nonrenewal(1) If we elect not to renew this policy, we

will give written notice to themortgageholder at least 10 days beforethe expiration date of this policy.

(2) If you elect not to renew this policy, wewill give written notice to themortgageholder. With respect to themortgageholder's interest only,nonrenewal will become effective on thelater of:

(a) The expiration date of the policy; or(b) 10 days after we give notice to the

mortgageholder.

G. The following provisions apply when the followingare made a part of this policy:Commercial General Liability Coverage PartEmployment-Related Practices Liability CoveragePartFarm Liability Coverage FormLiquor Liability Coverage PartProducts/Completed Operations Liability CoveragePart1. The aggregate limits of this policy as shown in

the Declarations will be increased in proportionto any policy extension provided in accordancewith Paragraph C.3.d. above.

2. The last sentence of Limits Of Insurance doesnot apply when the policy period is extendedbecause we sent the first Named Insured anincomplete or late conditional renewal notice ora late nonrenewal notice.





THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NEW YORK CHANGES – PREMIUM AUDIT

NEW YORK CHANGES – PREMIUM AUDITThis endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPRODUCT WITHDRAWAL COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph b. of the Premium Audit ConditionSection IV is replaced by the following:PREMIUM AUDIT

b. Premium shown in this Coverage Part asadvance premium is a deposit premiumonly. At the close of each audit period wewill compute the earned premium for thatperiod and send notice to the first NamedInsured. The due date for audit and retro-spective premiums is the date shown asthe due date on the bill. An audit to deter-mine the final premium due or to be re-funded will be completed within 180 daysafter the expiration date of the policy. Butthe audit may be waived if the total annualpremium attributable to the auditable ex-posure base is not reasonably expected toexceed $1500. If the sum of the advanceand audit premiums paid for the policyterm is greater than the earned premium,we will return the excess to the firstNamed Insured.

B. Except as provided in Paragraph A. above, theExamination Of Your Books And RecordsCommon Policy Condition continues to apply.




COMMERCIAL GENERAL LIABILITY


NEW YORK CHANGES – TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP

NEW YORK CHANGES – TRANSFER OFDUTIES WHEN A LIMIT OF INSURANCE IS USED UP



The following Condition is added to COMMERCIALGENERAL LIABILITY CONDITIONS (Section IV):Transfer of Duties When a Limit of Insurance IsUsed Up.a. If we conclude that, based on "occurrences,"

offenses, claims or "suits" which have been re-ported to us and to which this insurance mayapply, the:(1) General Aggregate Limit (other than the

Products/Completed Operations AggregateLimit);

(2) Products/Completed Operations AggregateLimit;

(3) Personal and Advertising Injury Limit;(4) Each Occurrence Limit; or(5) Fire Damage Limitis likely to be used up in the payment of judg-ments or settlements, we will notify the firstNamed Insured, in writing, to that effect.

b. When a limit of insurance described in para-graph a. above has actually been used up in thepayment of judgments or settlements:(1) We will notify the first Named Insured, in

writing, as soon as practicable, that:(a) Such a limit has actually been used up;

and(b) Our duty to defend "suits" seeking dam-

ages subject to that limit has also ended.(2) We will initiate, and cooperate in, the trans-

fer of control, to any appropriate insured, ofall claims and "suits" seeking damageswhich are subject to that limit and which arereported to us before that limit is used up.That insured must cooperate in the transferof control of said claims and "suits".

We agree to take such steps, as we deemappropriate, to avoid a default in, or continuethe defense of, such "suits" until such trans-fer is completed, provided the appropriate in-sured is cooperating in completing suchtransfer.We will take no action whatsoever with re-spect to any claim or "suit" seeking damagesthat would have been subject to that limit,had it not been used up, if the claim or"suit" is reported to us after that limit of in-surance has been used up.

(3) The first Named Insured, and any other in-sured involved in a "suit" seeking damagessubject to that limit, must arrange for the de-fense of such "suit" within such time periodas agreed to between the appropriate in-sured and us. Absent any such agreement,arrangements for the defense of such "suit"must be made as soon as practicable.

c. The first Named Insured will reimburse us forexpenses we incur in taking those steps wedeem appropriate in accordance with paragraphb.(2) above.The duty of the first Named Insured to reim-burse us will begin on:(1) The date on which the applicable limit of in-

surance is used up, if we sent notice in ac-cordance with paragraph a. above; or

(2) The date on which we sent notice in accord-ance with paragraph b.(1) above, if we didnot send notice in accordance with para-graph a. above.

d. The exhaustion of any limit of insurance by thepayments of judgments or settlements, and theresulting end of our duty to defend, will not beaffected by our failure to comply with any ofthe provisions of this Condition.



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

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form)

IL 00 21 09 08


NUCLEAR ENERGY LIABILITY EXCLUSIONENDORSEMENT

(Broad Form)


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

1. The insurance does not apply:A. Under any Liability Coverage, to "bodily injury"

or "property damage":(1) With respect to which an "insured" under

the policy is also an insured under a nucle-ar energy liability policy issued by NuclearEnergy Liability Insurance Association, Mu-tual Atomic Energy Liability Underwriters,Nuclear Insurance Association of Canadaor any of their successors, or would be aninsured under any such policy but for itstermination upon exhaustion of its limit of li-ability; or

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

B. Under any Medical Payments coverage, toexpenses incurred with respect to "bodily inju-ry" resulting from the "hazardous properties" of"nuclear material" and arising out of the opera-tion of a "nuclear facility" by any person or or-ganization.

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

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

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

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

2. As used in this endorsement:"Hazardous properties" includes radioactive, toxicor explosive properties."Nuclear material" means "source material", "spe-cial nuclear material" or "by-product material".



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

"Source material", "special nuclear material", and"by-product material" have the meanings giventhem in the Atomic Energy Act of 1954 or in anylaw amendatory thereof."Spent fuel" means any fuel element or fuel com-ponent, solid or liquid, which has been used or ex-posed to radiation in a "nuclear reactor"."Waste" means any waste material (a) containing"by-product material" other than the tailings orwastes produced by the extraction or concentra-tion of uranium or thorium from any ore processedprimarily for its "source material" content, and (b)resulting from the operation by any person or or-ganization of any "nuclear facility" included underthe first two paragraphs of the definition of "nucle-ar facility"."Nuclear facility" means:

(a) Any "nuclear reactor";(b) Any equipment or device designed or used

for (1) separating the isotopes of uranium orplutonium, (2) processing or utilizing "spentfuel", or (3) handling, processing or packag-ing "waste";

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

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

and includes the site on which any of the foregoingis located, all operations conducted on such siteand all premises used for such operations."Nuclear reactor" means any apparatus designedor used to sustain nuclear fission in a self-supporting chain reaction or to contain a criticalmass of fissionable material."Property damage" includes all forms of radioac-tive contamination of property.



FA-43193 (06/14) Page 1 of 4

PROTECTIVE DEVICES OR SERVICES PROVISIONS

PROTECTIVE DEVICES OR SERVICES PROVISIONS



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019








The following is added to the policy:

A. Protective Safeguards1. As a condition of this insurance, you are required to have and maintain the protective safeguards at the

premises and buildings listed in the Schedule below.

SCHEDULE

PremisesNumber

BuildingNumber

ProtectiveSafeguardApplicable

All All P-11All All P-19Locations shown in the declarations to becovered by Cause of loss – Special form

Locations shown in the declarations to becovered by Cause of loss – Special form

P-22

Locations on the policy shown in thedeclarations to be covered by Cause ofloss – Special form


P-23

Locations on the policy shown in thedeclarations to be covered by Cause ofloss – Special form


P-24



FA-43193 (06/14) Page 2 of 4

2. The protective safeguards to which this endorsement applies are identified by the following symbols:a. P-1 Automatic Sprinkler System, including related supervisory services. “Automatic Sprinkler

System” means:1) Any automatic fire protective or extinguishing system, including connected:

(a) Sprinklers and discharge nozzles;(b) Ducts, pipes, valves and fittings;(c) Tanks, their component parts and supports; and(d) Pumps and private fire protection mains.

2) When supplied from an automatic fire protective system:(a) Non-automatic fire protective systems; and(b) Hydrants, standpipes and outlets.

b. P-2 Automatic Fire Alarm, protecting the entire building, that is:1) Connected to a central station; or2) Reporting to a public or private fire alarm station.

c. P-3 Security Service, with a recording system or watch clock, making hourly rounds covering theentire building, when the premises are not in actual operation.

d. P-4 Service Contract with a privately owned fire department providing fire protection service to thedescribed premises.

e. P-5 Functioning and operational smoke/heat detectors in all units or occupancies.f. P-6 All Electric is on functioning and operational circuit breakers.g. P-7 Functioning and operational central station burglar alarms with a monitoring contract.h. P-8 Functioning and operational surge protectors on all computer and audio-video equipment.i. P-9 Refrigeration maintenance contract on all refrigeration equipment.j. P-10 Functioning and operational automatic fire suppression system per NFPA 96 on all cooking

equipment.k. P-11 Vacant section(s) secured and locked.l. P-12 No candles left burning unattended in the building.m. P-13 Construction site perimeter is protected with a locked fence.n. P-14 Watchman on premises when work not being conducted at the construction site.o. P-15 Any item on a display rack with a sales price of $250 or more must be affixed with a security

sensor or chained and locked to a rack.p. P-16 The building is protected from lightning with an approved NFPA 780 installation.q. P-17 Flammable liquids must be stored in NFPA #30 approved cabinets.r. P-18 No smoking signs must be posted and enforced.s. P-19 No structural work on the load bearing members of the building.t. P-20 Spray booth is installed with UL approved fixtures, lighting and electrical

outlets according to NFPA 33.u. P-21 The protective system described in the schedule.v. P-22 100% of plumbing pipes are PVC or Copper.w. P-23 Building roof has been recoated or completely replaced in the past 10 years for flat roofs or if

the roof is pitched it is less than 20 years old.x. P-24 All heating, venting and air conditioning systems on premises have been updated in the past 25

years.



FA-43193 (06/14) Page 3 of 4

3. The following is added to the EXCLUSIONS section of:a. Causes of Loss – Basic Formb. Causes of Loss – Broad Formc. Causes of Loss – Special Formd. Standard Property Policy

With respect to P-1, P-2, P-3, P-4, P-5, P-6, P-8, P-10, P-11, P-12, P-16, P-17, P-18 and P-20 we willnot pay for loss or damage caused by or resulting from fire if, prior to the fire, you:

(1) Knew of any suspension or impairment in any protective safeguard listed in the Schedule aboveand failed to notify us of that fact; or

(2) Failed to maintain any protective safeguard listed in the Schedule above, and over which you hadcontrol, in complete working order.

You are required to notify us if part of an Automatic Sprinkler System is shut off due to breakage,leakage, freezing conditions or opening of sprinkler heads for more than 48 hours. Such notification willnot be necessary if you are able to restore operation of the Automatic Sprinkler System within 48 hours.

With respect to P-3, P-7, P-11, P-13, P-14 and P-15, we will not pay for loss or damage caused by orresulting from vandalism, burglary, theft or any other act of stealing if, prior to the vandalism, burglary,theft or any other act of stealing, you:



With respect to P-6 and P-8 we will not pay for loss or damage caused by or resulting from equipmentbreakdown, electrical disturbance or expediting expenses as a result of an electrical disturbance if, priorto the equipment breakdown you:



With respect to P-9 we will not pay for loss or damage caused by or resulting from equipmentbreakdown, spoilage, or expediting expenses as a result of spoilage if, prior to the equipmentbreakdown you:



With respect to P-19 we will not pay for loss or damage caused by or resulting from collapse.

With respect to P-21 we will not pay for loss or damage caused by or resulting from fire, vandalism,burglary, theft or any other act of stealing, equipment breakdown, electrical disturbance or expeditingexpenses as a result of an electrical disturbance, spoilage, or expediting expenses as a result ofspoilage, as applicable, if you:



FA-43193 (06/14) Page 4 of 4



With respect to P-22, P-23 and P-24 if these conditions are not met in their entirety, the cause of losswill be amended to Basic cause of loss and the building valuation will be amended to Actual Cash Value;regardless of what is shown in the policy declarations.





LD-43204 (06/14) Page 1 of 1

SECURED VACANT BUILDING CONDITION

SECURED VACANT BUILDING CONDITION



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019





The following condition is added the policy:

As a condition of this insurance, you must provide, on a continuing basis, that all buildings on any premises towhich this insurance applies are locked with all windows and doors intact and/or all boarded up, and fullysecured and protected from unauthorized entry at all times during the policy period.






SL-34255 (09/11)

SERVICE OF SUIT ENDORSEMENTNamed InsuredPoK Acquisitions LLC


Policy SymbolGPP

Policy NumberOGL G4679350A002

Policy Period07/19/2018 to 07/19/2019


Issued By (Name of Insurance Company)Illinois Union Insurance Company

Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.


Information about service of suits upon the company is given below. Service of process of suits against the company maybe made upon the following person, or another person the company may designate:

Saverio Rocca, Assistant General CounselChubb Companies436 Walnut StreetPhiladelphia, PA 19106-3703

The person named above is authorized and directed to accept service of process on the company's behalf in any action,suit or proceeding instituted against the company. If the insured requests, the company will give the insured a writtenpromise that a general appearance will be entered on the company's behalf if a suit is brought.

If the insured requests, the company will submit to the jurisdiction of any court of competent jurisdiction. The company willaccept the final decision of that court or any Appellate Court in the event of an appeal. However, nothing in thisendorsement constitutes a waiver of company’s right to remove an action to a United States District Court, or to seek atransfer of a case to another court as permitted by the laws of the United States or of any state in the United States.

The law of some jurisdictions of the United States of America requires that the Superintendent, Commissioner or Directorof Insurance (or their successor in office) be designated as the company's agent for service of process. In thesejurisdictions, the company designates the Director of Insurance as the company's true and lawful attorney upon whomservice of process on the company's behalf may be made. The company also authorizes the Director of Insurance to mailprocess received on the company's behalf to the company person named above.

If the insured is a resident of Canada, the insured may also serve suit upon the company by serving the governmentofficial designated by the law of the insured's province.

NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS,CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN

AS ABOVE STATED.



SL-34255a (01/16)

SERVICE OF SUIT ENDORSEMENTNamed InsuredPoK Acquisitions LLC


Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019




Information about service of suits upon the company is given below. Service of process of suits against thecompany may be made upon the following person, or another person the company may designate:

Mr. Paul Bech, Esq., Associate General CounselChubb436 Walnut StreetPhiladelphia, PA 19106-3703

The person named above is authorized and directed to accept service of process on the company's behalf in anyaction, suit or proceeding instituted against the company. If the insured requests, the company will give theinsured a written promise that a general appearance will be entered on the company's behalf if a suit is brought.

If the insured requests, the company will submit to the jurisdiction of any court of competent jurisdiction. Thecompany will accept the final decision of that court or any Appellate Court in the event of an appeal. However,nothing in this endorsement constitutes a waiver of the company’s right to: remove an action to a United StatesDistrict Court, seek a transfer of a case to another court, or to enforce policy provisions governing choice of law orvenue selection, as may be permitted by the laws of the United States, or of any state in the United States.

The law of some jurisdictions of the United States of America requires that the Superintendent, Commissioner orDirector of Insurance (or their successor in office) be designated as the company's agent for service of process. Inthese jurisdictions, the company designates the Director of Insurance as the company's true and lawful attorneyupon whom service of process on the company's behalf may be made. The company also authorizes the Directorof Insurance to mail process received on the company's behalf to the company person named above.

If the insured is a resident of Canada, the insured may also serve suit upon the company by serving thegovernment official designated by the law of the insured's province.

NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THETERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED

OTHER THAN AS ABOVE STATED.




CP 10 56 06 07 © ISO Properties, Inc., 2007 Page 1 of 2

SPRINKLER LEAKAGE EXCLUSION

POLICY NUMBER: OGL G4679350A 002 COMMERCIAL PROPERTYCP 10 56 06 07


SPRINKLER LEAKAGE EXCLUSIONThis endorsement modifies insurance provided under the following:

CAUSES OF LOSS – BASIC FORMCAUSES OF LOSS – BROAD FORMCAUSES OF LOSS – SPECIAL FORM

SCHEDULE

Premises Number Building Number372 Main Street,Poughkeepsie,NY,12601 372 Main Street,Poughkeepsie,NY,12601

19 Academy Street,Poughkeepsie,NY,12601 19 Academy Street,Poughkeepsie,NY,12601



370 Main Street,Poughkeepsie,NY,12601 370 Main Street,Poughkeepsie,NY,12601

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

With respect to the location(s) indicated in the Sched-ule, the following provisions apply.A. The following is added to the Exclusions section

and is therefore not a Covered Cause of Loss:SPRINKLER LEAKAGESprinkler Leakage, meaning leakage or dischargeof any substance from an Automatic Sprinkler Sys-tem, including collapse of a tank that is part of thesystem.But if Sprinkler Leakage results in a CoveredCause of Loss, we will pay for the loss or damagecaused by that Covered Cause of Loss.

B. Under Exclusion 1.g., Water, the last paragraph isreplaced by the following:But if Water, as described in the paragraphsabove, results in fire or explosion, we will pay forthe loss or damage caused by that fire or explo-sion.

C. Exclusions 2.b. and 2.c. in the Causes Of Loss –Basic Form are replaced by the following:

We will not pay for loss or damage caused by orresulting from:

b. Rupture or bursting of water pipes unlesscaused by a Covered Cause of Loss.

c. Leakage or discharge of water or steamfrom any part of a system or appliance con-taining water or steam, unless the leakageor discharge occurs because the system orappliance was damaged by a CoveredCause of Loss. But we will not pay for lossor damage caused by or resulting from con-tinuous or repeated seepage or leakage ofwater, or the presence or condensation ofhumidity, moisture or vapor, that occursover a period of 14 days or more.

D. Under Additional Coverage – Collapse, in theCauses Of Loss – Broad Form, leakage from fireextinguishing equipment is deleted from Para-graph 2.a.

E. Exclusion 2.g., in the Causes Of Loss – SpecialForm, is replaced by the following:



Page 2 of 2 © ISO Properties, Inc., 2007 CP 10 56 06 07

We will not pay for loss or damage caused by orresulting from water, other liquids, powder or mol-ten material that leaks or flows from plumbing,heating, air conditioning or other equipmentcaused by or resulting from freezing, unless:

(1) You do your best to maintain heat in thebuilding or structure; or

(2) You drain the equipment and shut offthe supply if the heat is not maintained.

F. Under Limitations in the Causes Of Loss – Spe-cial Form, Item 4. is replaced by the following:4. We will not pay the cost to repair any defect to

a system or appliance from which water, otherliquid, powder or molten material escapes. Butwe will pay the cost to repair or replace dam-

aged parts of fire extinguishing equipment if:a. The damage is directly caused by freezing;

andb. You do your best to maintain heat in the

building or structure, or you drain theequipment and shut off the supply if theheat is not maintained.

However, this limitation does not apply to Busi-ness Income Coverage or to Extra ExpenseCoverage.

G. In the Causes Of Loss – Special Form, leakagefrom fire extinguishing equipment is deleted fromthe "specified causes of loss".



ALL-21101 (11/06) Page 1 of 1

TRADE OR ECONOMIC SANCTIONS ENDORSEMENT

TRADE OR ECONOMIC SANCTIONS ENDORSEMENT



Policy SymbolGPP


Policy Period07/19/2018 to 07/19/2019




This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibitus from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions ofthe policy remain unchanged.

Authorized Agent




WATER EXCLUSION ENDORSEMENT



WATER EXCLUSION ENDORSEMENT


COMMERCIAL PROPERTY COVERAGE PARTSTANDARD PROPERTY POLICY

A. The exclusion in Paragraph B. replaces the WaterExclusion in this Coverage Part or Policy.

B. Water1. Flood, surface water, waves (including tidal

wave and tsunami), tides, tidal water, overflowof any body of water, or spray from any ofthese, all whether or not driven by wind(including storm surge);

2. Mudslide or mudflow;3. Water that backs up or overflows or is

otherwise discharged from a sewer, drain,sump, sump pump or related equipment;

4. Water under the ground surface pressing on,or flowing or seeping through:a. Foundations, walls, floors or paved

surfaces;b. Basements, whether paved or not; or

c. Doors, windows or other openings; or5. Waterborne material carried or otherwise

moved by any of the water referred to inParagraph 1., 3. or 4., or material carried orotherwise moved by mudslide or mudflow.

This exclusion applies regardless of whether anyof the above, in Paragraphs 1. through 5., iscaused by an act of nature or is otherwise caused.An example of a situation to which this exclusionapplies is the situation where a dam, levee,seawall or other boundary or containment systemfails in whole or in part, for any reason, to containthe water.But if any of the above, in Paragraphs 1. through5., results in fire, explosion or sprinkler leakage,we will pay for the loss or damage caused by thatfire, explosion or sprinkler leakage (if sprinklerleakage is a Covered Cause of Loss).



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2019 05:29 PM - iapps.courts.state.ny.us