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Home My WebLink AboutZanker Road Resource Management, Ltd.® C Ems" � D DATE (MM/DD/YYYY) AC R CERTIFICATE OF LIABILITY INSURANCE 1114 9/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT&bOOffTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER"COVERAGE AFFORDED FFO DI ED BY THEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE ,,y{f� ''pp S�yy REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (628) 201-9001 USI Insurance Services LLC - CA Lic#: OD08408 201 Mission St 11th FI San Francisco, CA 94105 ME: Susan Boutchie CONTAJADDRESS: ONE 628-201-9041 Fax AILo Ext : AIC No SUSan.boutchle@usi.com INSURER(S) AFFORDING COVERAGE NAIC# SURERA: Everest Indemnity Insurance Co. 10851 INSURED Zanker Road Resource Management, Ltd. 675 Los Esteros Road INSURER B: Everest National Insurance Company 10120 INSURERC: INSURER D; INSURER E: DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ San Jose, CA 95134 INSURER F COVERAGES CERTIFICATE NUMBER: 15146137 REVISION NIIMRFR• Sea hi -low THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X EF4ML06464201 9/1/2020 7/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 25,000 _ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT E LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY EF4CA00400201 9/1/2020 7/1/2021 Ea accidentSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 11 HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAB AGGREGATE $ DEC) I I RETENTION$ $ I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIV E OFFICER/M EMBER EXCLUDED? N / A I PER OTH- STATUTE_ ER _ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ECG 00 594 03 20 RE: Composting and resource management services for Los Altos Hills. Yard Waste Processing. The Town of Los Altos Hills is included as additional insured under General Liability only as respects liability arising out of operations performed at the above listed job per attached endorsement referenced above. CERTIFICATE HOLDER CANCELLATION Town of Los Altos HMIs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jeff Peterson THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos CA 94022 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD @ 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1111111111111111111111111111 Ill111111111 EI 111I II 11111111111111111111111111 III CYB 02 B 161000026/02/39/0/0/OIO' EVEREST ENVIRONMENTAL PLUS ECG 00 594 03 20 EVEREST ENVIRONMENTAL PLUS COVERAGE FORM COVERAGES F AND G PROVIDE CLAIMS -MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words "you" and "your" mean the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this Policy. The word "insured" means any person or organization qualifying as such under Section II of this Policy. The words "we," "us" "our" and "insurer" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI — Definitions. In consideration of payment of premium when due and in reliance upon the "application," only those purchased Coverages shown in the Declarations are applicable. SECTION I — COVERAGES COMMERCIAL GENERAL LIABILITY COVERAGE COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies that occur during the "policy period" and are caused by an "occurrence" that takes place in the "coverage territory." The amount we will pay for damages is limited as described in Section 111 — Limits Of Liability And Deductible. This insurance applies to "bodily injury" and "property damage" only if prior to the "policy period," they were not known to have occurred by a "responsible insured." Any continuation, change or resumption of such "bodily injury," or "property damage" during or after the "policy period" will be deemed to have been known prior to the "policy period." "Bodily injury" or "property damage" will be deemed known at the earliest time when a "responsible insured": a. Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; b. Receives a "claim" for damages because of the "bodily injury" or "property damage"; or c. Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in an "insured contract," provided the "bodily injury" or "property damage" occurs subsequent to the execution of the "insured contract." Solely for the purposes of liability assumed in an "insured contract," reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage," provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 1 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission, 1I11 _6/00006/09/.00/. b. Expected Or Intended "Bodily injury" or "property damage" expected or intended from the standpoint of a "responsible insured." This exclusion does not apply to "bodily injury" or "property damage" resulting from use of reasonable force to protect persons or property. c. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion applies even if any "claim" or "suit" against an insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the damage arose from the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) Watercraft ashore on premises you own or rent; (2) Watercraft you do not own that is not being used to carry persons or property for a charge; (3) Aircraft you do not own that is not being used to carry persons or property for a charge, and which is hired, chartered, or loaned by you with a paid crew; (4) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (5) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (6) "Bodily injury" or "property damage" arising out of: (a) Operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) Operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (7) "Bodily injury' or "property damage" arising out of "misdelivery" of "your product" if such "bodily injury" or "property damage" occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service, maintenance, correction, repair or replacement because of performance at the wrong address, "misdelivery" or because of any error, defect or deficiency, but which are otherwise completed, will be deemed completed. d. Asbestos Or Lead "Bodily injury" or "property damage" arising out of the presence, ingestion or inhalation of, or exposure to, asbestos or lead in any form. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) Any contractor, subcontractor, or any "employee" of any contractor or subcontractor arising out of, or in the course of, the rendering or performing of services of any kind by such contractor, subcontractor or any "employee" of such contractor or subcontractor; or (3) The spouse, child, parent, brother, sister or other family member of that "employee" of an insured, a contractor or subcontractor as a consequence of Paragraphs (1) and (2) above. This exclusion applies solely with respect to the operations or work performed within the state of New York, including, but not limited to, your work performed therein. Page 2 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIIII III IIIIIIIII IIII IIIII IIIIII 1111111111111111111111111111111111111111111111111111 IN ......_.. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." f. Employment -Related Practices "Bodily injury" arising out of refusal to employ, termination of employment or employment-related practices, policies, acts or omissions, including coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination directed at any person. This exclusion extends to the spouse, child, parent, brother or sister of any person at whom the actions above are directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages. g. Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that is not physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; (2) A delay or failure by anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. h. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of causing or contributing to the intoxication of any person; the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (1) The supervision, hiring, employment, training or monitoring of others by that insured; or (2) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the 'occurrence" which caused the "bodily injury" or "property damage," involved that which is described in the paragraph above. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. I. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transporting of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) Use of "mobile equipment' in, or while in practice for, or while being prepared for, any racing, speed, demolition, or stunting activity. j. Nuclear Material "Bodily injury" or "property damage" based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which the insured is: (1) Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; (2) Entitled to indemnify from the United States of America or any agency thereof; or (3) An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 3 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111 11uu1111 11i 11 Ell 111uEuE1 1E1 11111 Eu1m1 11 .,..w...._.. k. Pollution "Bodily injury," "property damage," or any "loss," cost or expense arising out of any "pollutant." I. Product Recall Damages claimed for any "loss," inspection, repair, replacement, adjustment, removal or disposal of "your product," "your work" or "impaired property" because of recall or withdrawal from the market for any reason. m. Punitive Damages, Fines And Penalties Punitive, exemplary or the multiplied portion of multiple damages, or any civil or administrative fines, penalties or assessments, except where such damages, fines, penalties or assessments are insurable by applicable law. n. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That part of any real property on which you or any contractors or subcontractors, whether working directly or indirectly on your behalf, are performing operations, if the "property damage" arises out of those operations; or (6) That part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Liability And Deductible. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." o. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. p. Damage To Your Work "Property damage" to "your work" arising out of it or any part it and included in the "products -completed operations hazard," This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. q. War "Bodily injury" or "property damage" arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) War -like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Page 4 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111 $1i 1P 111111111 ii11 IPu11u 1P1 111111 Eu11 Eu 1111 ._..n.u..�� r. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. s. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury." As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. t. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury." u. Recording And Distribution Of Material Or information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. v. Silica Or Silica -Related Dust (1) "Bodily injury" and "property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of "silica" or "silica -related dust"; or (2) Any "loss," cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of or in any way responding to or assessing the effects of "silica" or "silica -related dust" by any insured or by any other person or entity. Exclusions c. through r. above do not apply to damage by fire to premises while rented to or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Liability And Deductible. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 5 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 'CYB02B 16/000026/07/39/0/0/0/0' COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies caused by an offense that arises out of your business and was committed in the "coverage territory" during the "policy period." The amount we will pay for damages is limited as described in Section III — Limits Of Liability And Deductible. 2. Exclusions This insurance does not apply to "personal and advertising injury": a. Breach Of Contract Arising out of breach of contract, except an implied contract to use another's advertising idea in your "advertisement." b. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. c. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. d. Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. e. Infringement Of Copyright, Patent, Trademark Or Trade Secret Arising out of infringement of copyright, patent, trademark, trade secret or other intellectual property rights. This Exclusion does not apply to: (1) Use of another's advertising idea in your "advertisement"; or (2) Infringement, in your "advertisement," of any copyright, trade dress or slogan. f. Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury." g. Material Published Prior To Policy Period Arising out of oral or written publication of material, in any manner, whose first publication took place before the beginning of the "policy period." h. Material Published With Knowledge Of Falsity Arising out of oral or written publication of material, in any manner, if done by or at the direction of the insured with knowledge of its falsity. i. Media And Internet Type Businesses Committed by an insured whose business is: (1) Advertising, broadcasting, publishing, telecasting; (2) Designing or determining content of web -sites for others; or (3) An internet search, access, content or service provider. This Exclusion does not apply to subparagraphs a., b. and c. of "personal and advertising injury" under Section VI — Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. j. Nuclear Material Based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which the insured is: (1) Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; Page 6 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111 1E1 1u 1111111 iio 11 Eiu111 11iuE1 111111 Eu 111 u 1111 _6.001083.0/010* (2) Entitled to indemnify from the United States of America or any agency thereof; or (3) An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. k. Pollution Arising out of any "pollutant," or any "loss," cost or expense arising out of any "pollutant." I. Punitive Damages, Fines And Penalties Arising out of punitive, exemplary or the multiplied portion of multiple damages, or any civil or administrative fines, penalties or assessments, except where such damages, fines, penalties or assessments are insurable by applicable law. m. Quality, Performance Or Conformance Failure Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement." n. Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. o. Unauthorized Use Of Another's Name Or Product Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. p. War Arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) War -like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. q. Wrong Description Of Prices Arising out of the wrong description of the price of goods, products or services stated in your "advertisement." r. Access Or Disclosure Of Confidential Or Personal Information Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information, s. Silica Or Silica -Related Dust ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 7 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission, (1) Arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of "silica" or "silica -related dust"; or (2) Any "loss," cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of or in any way responding to or assessing the effects of "silica" or "silica -related dust" by any insured or by any other person or entity. COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses for "bodily injury" caused by an accident on premises you own or rent, or on ways next to such premises, or because of your operations, provided that the: (1) Accident takes place during the "policy period" and in the "coverage territory," (2) Medical expenses are incurred and reported to us within one year of the date of the accident, and (3) Injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments, regardless of fault. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions This insurance does not apply to "bodily injury": a. Any Insured To any insured, except "volunteer workers." b. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. c. Coverage A Exclusions Excluded under Coverage A (Bodily Injury And Property Damage Liability). d. Hired Person To any person hired to do work for or on behalf of any insured or a tenant of any insured. e. Injury On Normally Occupied Premises To any person injured on that part of premises you own or rent that the person normally occupies. Products -Completed Operations Hazard Included in the "products -completed operations hazard." g. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or any similar law. Page 8 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111111 1E 1111111 IN 111 E11 111 11l 1E1 111111111111 11I 11 11I ._...,.,,.,.. EMPLOYEE BENEFITS ADMINISTRATION LIABILITY COVERAGE COVERAGE D — EMPLOYEE BENEFITS ADMINISTRATION LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of a "wrongful act" to which this insurance applies committed during the "policy period" and in the "coverage territory," in the "administration" of your "employee benefits program." The amount we will pay for damages is limited as described in Section III — Limits Of Liability And Deductible. 2. Exclusions This insurance does not apply to: a. Available Benefits Any "claim" for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other collectible insurance. b. Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury," "property damage" or "personal and advertising injury." c. Dishonest, Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or malicious act, error or omission committed by any insured, including the willful or reckless violation of any statute. d. Employment -Related Practices Damages arising out of refusal to employ, termination of employment or employment-related practices, policies, acts or omissions, including coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination directed at any person. This Exclusion extends to the spouse, child, parent, brother or sister of any person at whom the actions above are directed. This Exclusion applies whether the insured may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages. e. ERISA Damages for which any insured is liable because of the liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. f. Failure To Perform A Contract Damages arising out of failure of performance of a contract by any insurer. g. Inadequate Investment Performance/Advice Given With Respect To Participation Any "claim" based upon: (1) Failure of any investment to perform; (2) Errors in providing information on past performance of investment vehicles; or (3) Advice given to any person with respect to that person's decision to participate or not in any plan included in the "employee benefits program." h. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligation under any plan included in the "employee benefits program." L Known Wrongful Act Any "wrongful act" known, prior to the inception of this Policy, by a "responsible insured" to have taken place in whole or in part. j. Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under ERISA, the Internal Revenue Code or any similar state or local law. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 9 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111111 IP 111111 11u11 111uP1 11u 1E1 111111 11i 111 1i 11i .F........ k. Workers' Compensation And Similar Laws Damages arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensation insurance, social security or disability benefits law or any similar law. GENERAL POLLUTION LIABILITY COVERAGES COVERAGE E — GENERAL POLLUTION LIABILITY Insuring Agreements a.Hostile Fire And Building Equipment (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or "environmental damage" to which this insurance applies that occur during the "policy period" and are caused by an "occurrence" that takes place in the "coverage territory," arises out of heat, smoke, fumes, vapor or soot from a "hostile fire"; or (2) The "bodily injury" is sustained within a building and arises out of heat, smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or that is used to heat water for personal use by the building's occupants or their guests. b. Products Pollution We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or "environmental damage" to which this insurance applies that occur during the "policy period", are caused by an "occurrence" that takes place in the "coverage territory," arise out of "your product" and are included in the "products -completed operations hazard." c. Transportation Pollution We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or "environmental damage" to which this insurance applies that occur during the "policy period", are caused by an "occurrence" that takes place in the "coverage territory" and arise out of a "pollution condition" caused by "transportation" or "misdelivery." d. Contractors Pollution We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or "environmental damage" to which this insurance applies that occur during the "policy period", are caused by an "occurrence" that takes place in the "coverage territory" and arise out of a "pollution condition" caused by "your work." e. Site Time -Element Bodily Injury And Property Damage We will pay those sums that the insured becomes legally obligated to pay as: (1) Damages because of "bodily injury" or "property damage; or (2) "Clean-up costs" because of "environmental damage", to which this insurance applies that occur during the "policy period", are caused by an "occurrence" that takes place in the "coverage territory" and arise out of a "pollution condition" which: (1) Is on, at, under or migrating from or through any location that is occupied by any insured; (2) Is demonstrable as having commenced at an identifiable time and place during the "policy period"; (3) Is discovered no later than 20 calendar days after its commencement; and (4) Is reported to us no later than 80 calendar days after its commencement. f. Non -Owned Disposal Site Pollution We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or "environmental damage" to which this insurance applies that occur during the "policy period", are caused by an "occurrence" that takes place in the "coverage territory" and arise out of a "pollution condition" that first commences on, at, under or migrating from a "non -owned disposal site." g. Emergency Response We will pay "emergency response cost" resulting from an imminent and significant threat to human health or the environment arising out of a "pollution condition" that commences during the "policy period" in the "coverage territory." Page 10 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111 1I1 1I 1111111 II1 111I IPI 1[i 1E1 1111111111111 1I 1111 ..,_.,m h. Crisis Event We will pay "crisis cost" arising out of a "crisis event" arising out of a "pollution condition" provided that: (1) The "crisis event" takes place in the "coverage territory"; and (2) The "crisis event" is discovered by a "responsible insured" and is reported to us during the "policy period." This insurance applies to "bodily injury," "property damage" or "environmental damage" only if prior to the "policy period," they were not known to have occurred by a "responsible insured." Any continuation, change or resumption of such "bodily injury," "property damage" or "environmental damage" during or after the "policy period" will be deemed to have been known prior to the "policy period." "Bodily injury," "property damage" or "environmental damage" will be deemed known at the earliest time when a "responsible insured": a. Reports all, or any part, of the "bodily injury," "property damage" or "environmental damage" to us or any other insurer, b. Receives a "claim" for damages because of the "bodily injury," "property damage" or "environmental damage"; or c. Becomes aware by any other means that "bodily injury," "property damage" or "environmental damage" has occurred or has begun to occur. Subject to Section III — Limits Of Liability And Deductible, we will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or "environmental damage," as the case may be, to which this insurance applies, that is caused by a "pollution condition". 2. Exclusions This insurance does not apply to: a. Certain Time -Element Conditions Solely with respect to Coverage E.1.e. (Site Time -Element Bodily Injury And Property Damage), a "pollution condition" that arises out of: (1) An "underground storage tank"; or (2) Heat or a "pollutant" from "hostile fire," or originating from equipment that is used to heat, cool or dehumidify the building or to heat water for personal use by the building's occupants or their guests. b. Underground Storage Tanks A "pollution condition" arising out of an "underground storage tank," the existence of which is known by any "responsible insured" as of the inception of this Policy and which is on a "covered location" or "non - owned disposal site" unless such "underground storage tank" is listed on a Schedule Of Covered Underground Storage Tanks Endorsement attached to this Policy. This exclusion does not apply to any "underground storage tank" which has been closed, abandoned in place or removed, in accordance with "environmental law," prior to the inception of this Policy. c. Intentional Non -Compliance A "pollution condition" arising from a "responsible insured's" intentional noncompliance with "environmental law." This Exclusion does not apply to the insured's action taken in good faith in reliance upon written advice of outside counsel received in advance of such noncompliance or in response to an imminent and significant threat to human health or the environment. d. Material Change In Use A "pollution condition" arising out of a change in use of or operations at any "covered location," that is materially different from the use or operations at the inception of this Policy. e. Prior Knowledge/Non-Disclosure (1) Based upon or arising out of any "pollution condition" or "claim" known by a "responsible insured" prior to the inception of this Policy and not specifically disclosed in the "application"; or (2) Solely with respect to Coverage E.1.e., "bodily injury," "property damage" or "environmental damage" resulting from "your work," and known by a "responsible insured," prior to the inception of this Policy. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 11 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11111 $I$ 1I 11111111111111 11II 111 111I 1II 1111111111111 I6 111 ............. f. Waste Disposal Damages arising out of disposal of any products or materials, including "waste," delivered for the purpose of treatment, storage, processing, recycling or disposal at any location not owned or operated by or leased or rented to any insured. This exclusion does not apply to Coverage E.1.e. (Site Time -Element Bodily Injury And Property Damage) and E.1.f. (Non -owned Disposal Site Pollution). g. Aircraft, Auto Or Watercraft Other than with respect to Coverage E.1.c. (Transportation Pollution), "loss" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This Exclusion applies even if any "claim" or "suit" against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the damage arose from the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. h. Contractual Liability "Loss" which the insured is obligated to pay as damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in an "insured contract," provided the "bodily injury," "property damage" or "environmental damage" occurs subsequent to the execution of the "insured contract." Solely for the purposes of liability assumed in an "insured contract," reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury," "property damage" or "environmental damage," provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. i. Damage To Property "Property damage" or "environmental damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That part of any real property on which you or any contractors or subcontractors, whether working directly or indirectly on your behalf, are performing operations, if the "property damage" or "environmental damage" arises out of those operations, however this Paragraph (5) does not apply to Coverage E.1.d. (Contractors Pollution); or (6) That part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Liability And Deductible. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." Page 12 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ui1 111111 $u 1111111 1i 111 P11 IPu Iiu 1E1 111111111uIP 11 IN .._.......... j. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. k. Damage To Your Work "Property damage" to "your work" arising out of it or any part it and included in the "products -completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. I. Employer's Liability "Loss" arising out of "bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) Any contractor, subcontractor, or any "employee" of any contractor or subcontractor arising out of, or in the course of, the rendering or performing of services of any kind by such contractor, subcontractor or any "employee" of such contractor or subcontractor; or (3) The spouse, child, parent, brother, sister or other family member of that "employee" of an insured, a contractor or subcontractor as a consequence of Paragraphs (1) and (2) above. This exclusion applies solely with respect to the operations or work performed within the state of New York, including, but not limited to, your work performed therein. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." m. Employment -Related Practices "Loss" arising out of refusal to employ, termination of employment or employment-related practices, policies, acts or omissions, including coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination directed at any person. This exclusion extends to the spouse, child, parent, brother or sister of any person at whom the actions above are directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages. n. Expected Or Intended "Bodily injury," "property damage" or "environmental damage" expected or intended from the standpoint of a "responsible insured." This exclusion does not apply to "bodily injury" or "property damage" resulting from use of reasonable force to protect persons or property. o. Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that is not physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; (2) A delay or failure by anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. p. Nuclear Material "Loss" based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which the insured is: (1) Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; (2) Entitled to indemnify from the United States of America or any agency thereof; or ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 13 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111111111111 1P 11111111111 1u1 111 11u IPi 111111 Elu11 [i ui .2B600002615,9001010* (3) An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits, q. Product Recall Damages claimed for any "loss," inspection, repair, replacement, adjustment, removal or disposal of "your product," "your work" or "impaired property" because of recall or withdrawal from the market for any reason. r. Punitive Damages, Fines And Penalties Punitive, exemplary or the multiplied portion of multiple damages, or any civil or administrative fines, penalties or assessments, except where such damages, fines, penalties or assessments are insurable by applicable law. s. War "Loss" arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) War -like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. t. Workers' Compensation And Similar Laws "Loss" arising out of any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. u. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability Damages or "loss" arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury." As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. DEFENSE AND SUPPLEMENTARY PAYMENTS — COVERAGES A THROUGH E 1. Defense a. We have the right and duty to defend the insured against any "suit" seeking damages to which this insurance applies. We have no duty to defend the insured against a "suit" to which this Policy does not apply. Our duty to defend ends when the applicable Limit of Liability is exhausted by payment of "loss." We may at our discretion investigate any "occurrence," offense, "pollution condition" or "wrongful act" and settle any "claim" or "suit" that may result therefrom. b. Where the insured is legally entitled to select independent counsel to defend it, the attorneys' fees and expenses we will pay are limited to the rates that we normally pay to counsel selected by us to defend similar "claims" in the jurisdiction where the "suit" is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. The insured may at any time by its written consent waive any right to select independent counsel. Page 14 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111i I 1ii 1� 111111 IN 111 iuu11u 1111u11u1111 11m11 1i1 IN .a_........ 2. Supplementary Payments a. Under the purchased Coverages A through E, we will pay, with respect to any "claim" we investigate or settle, or any "suit" against an insured we defend, the following Supplementary Payments: (1) All expenses we incur. (2) Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle resulting in "bodily injury" subject to coverage under this Policy. We shall have no obligation to furnish these bonds. (3) The cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Liability. We shall have no obligation to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the "claim" or "suit," including actual loss of earnings up to $500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit." However, these payments do not include attorneys' fees or attorneys' expenses or sanctions taxed to, awarded against or imposed upon the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Liability, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment within the applicable Limit of Liability that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Liability. These payments do not reduce the Limits of Liability under Coverages A through E. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit," we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence," offense, "pollution condition" or "wrongful act" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit." Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable Limit of Liability in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph (6) above are no longer met. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 15 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111111 1uE1 11 1u11 P11 IPu11u 11u 1111111111iuE 1u111 ..._.,m, Our duties to pay any Supplementary Payments shall end when the applicable Limits of Liability are exhausted. MULTIPLE POLICIES, POLICY PERIODS — COVERAGES A THROUGH E 1. If there is progressive or indivisible "bodily injury," "property damage" or "environmental damage" (including any continuation, change or resumption thereof) that takes place over a period of days, weeks, months or longer and is caused by continuous or repeated exposure to the same, related, continuous or repeated general harmful conditions or substances under Coverage A (Bodily Injury And Property Damage) or "pollution condition(s)" under Coverage E (General Pollution Liability): a. All such "bodily injury," "property damage" or "environmental damage," shall be deemed to have taken place only on the date of first exposure to such general harmful conditions or substances or "pollution condition(s)," but b. If: (1) The date of first exposure cannot be determined, or is before the inception of the first policy issued by us or our affiliate to you providing coverage substantially the same as that provided by this Policy for "bodily injury," "property damage" or "environmental damage" that takes place during the "policy period," and (2) Such "bodily injury," "property damage" or "environmental damage" continues, in fact, to take place during this policy period, then all such "bodily injury," "property damage" or "environmental damage" shall be deemed to have taken place during the "policy period" of the first such policy we or our affiliate issued to you. 2. If the same, related, continuous or repeated general harmful conditions or substances or "pollution condition(s)" result in "bodily injury," "property damage" or "environmental damage" that takes place during the "policy periods" of different policies issued by us or our affiliate to you providing coverage substantially the same as that provided by this Policy for "bodily injury," "property damage" or "environmental damage" that takes place during the "policy period": a. All such "bodily injury," "property damage" or "environmental damage" shall be deemed to have taken place only during the first "policy period" of such policies in which any of the "bodily injury," "property damage" or "environmental damage" took place; and b. All "loss" resulting from all such "bodily injury," "property damage" or "environmental damage" shall be subject to the Each Occurrence or Each Pollution Condition Limit applicable to the policy for such first "policy period." SITE POLLUTION LIABILITY COVERAGES COVERAGE F — SITE POLLUTION LIABILITY 1. Insuring Agreements Provided the "pollution condition" takes place in the "coverage territory" and commences on or after the "retroactive date," if applicable, and before the end of the "policy period," we will pay those sums that the insured becomes legally obligated to pay as: a. On -Site Bodily Injury and Property Damage for New Pollution Conditions "Bodily injury" and "property damage" that the insured becomes legally obligated to pay as a result of a "claim" arising from a "pollution condition" on or at a "covered location," provided that: (1) The "pollution condition" first commences on or after the "retroactive date" and before the end of the "policy period"; and (2) The claim is first made during the "policy period" and reported to us, in writing, during the "policy period" or during any applicable extended reporting period, in accordance with Paragraph 7. Duties In The Event Of A Claim Or Suit under Section IV — Conditions. b. On -Site Cleanup Costs for New Pollution Conditions (1) "Cleanup costs" arising out of a "pollution condition" on or at a "covered location," provided that the "pollution condition" first commences on or after the "retroactive date" and before the end of the "policy period" and the "pollution condition" is first discovered by a "responsible insured" during the "policy period" and reported to us, in writing, during the "policy period" or during any applicable extended reporting period, in accordance with Paragraph 6. Duties In The Event Of An Occurrence, Offense, Pollution Condition Or Wrongful Act under Section IV — Conditions; or Page 16 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) "Cleanup costs" arising out of a "pollution condition" on or at a "covered location," provided that the "pollution condition" first commences on or after the "retroactive date" and before the end of the "policy period" and the "claim" is first made during the "policy period" and reported to us, in writing, during the "policy period" or during any applicable extended reporting period, in accordance with Paragraph 7. Duties In The Event Of A Claim Or Suit under Section IV — Conditions. c. Off -Site Bodily Injury and Property Damage for New Pollution Conditions "Bodily injury" and "property damage" that the insured becomes legally obligated to pay as a result of a "claim" arising from a "pollution condition" migrating from a "covered location," provided that: (1) The "pollution condition" first commences on or after the "retroactive date" and before the end of the "policy period"; and (2) The claim is first made during the "policy period" and reported to us, in writing, during the "policy period" or during any applicable extended reporting period, in accordance with Paragraph 7. Duties In The Event Of A Claim Or Suit under Section IV — Conditions, d. Off -Site Cleanup Costs for New Pollution Conditions "Cleanup costs" arising out of a "pollution condition" migrating from a "covered location," provided that the "pollution condition" first commences on or after the "retroactive date" and before the end of the "policy period"; and (1) The "pollution condition" is first discovered by a "responsible insured" during the "policy period" and reported to us, in writing, during the "policy period" or during any applicable extended reporting period, in accordance with Paragraph 6. Duties In The Event Of An Occurrence, Offense, Pollution Condition Or Wrongful Act under Section IV — Conditions; or (2) The "claim" is first made during the "policy period" and reported to us, in writing, during the "policy period" or during any applicable extended reporting period, in accordance with Paragraph 7. Duties In The Event Of A Claim Or Suit under Section IV — Conditions. 2. Exclusions This insurance does not apply to: a. Contractual Liability "Bodily injury," "property damage" or "cleanup costs" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. This exclusion does not apply to liability assumed in an "insured contract." b. Damages To Your Product "Property damage" to "your product" arising out of it or any part of it. c. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) Any contractor, subcontractor, or any "employee" of any contractor or subcontractor arising out of, or in the course of, the rendering or performing of services of any kind by such contractor, subcontractor or any "employee" of such contractor or subcontractor; or (3) The spouse, child, parent, brother, sister or other family member of that "employee" of an insured, a contractor or subcontractor as a consequence of Paragraphs (1) and (2) above. This exclusion applies solely with respect to the operations or work performed within the state of New York, including, but not limited to, your work performed therein. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. d. Expected Or Intended "Bodily injury," "property damage" or "cleanup costs" expected or intended by a "responsible insured." ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 17 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111111 1I 1111111111111 111II IEI IEI 1EI 11111 1II 111111111II YB..610000269/39/01000. e. Underground Storage Tanks A "pollution condition" arising out of an "underground storage tank," the existence of which is known as of the inception of this Policy by any "responsible insured" and which is located on a "covered location," unless such "underground storage tank" is listed on a Schedule Of Covered Underground Storage Tanks Endorsement attached to this Policy. This exclusion does not apply to any "underground storage tank" which has been closed, abandoned in place or removed in accordance with "environmental law" prior to the inception of this Policy. f. Installed Asbestos Or Lead "Cleanup costs" arising out of asbestos, asbestos -containing applied in, on, or to any building or structure. This exclusion does not apply to: (1) "Cleanup costs" that arise from inadvertent disturbance asbestos -containing materials or lead-based paint; or (2) In the absence of inadvertent disturbance described in surface water or groundwater contamination. materials or lead-based paint installed or of such installed or applied asbestos or Paragraph (1) above, remediation of soil, g. Intentional Non -Compliance "Bodily injury," "property damage" or "cleanup costs" arising out of a "responsible insured's" intentional noncompliance with "environmental law." This exclusion does not apply to the insured's action taken in good faith in reliance upon written advice of outside counsel received in advance of such non-compliance or in response to an imminent and material threat to human health or the environment. h. Material Change In Use "Bodily injury," "property damage" or "cleanup costs" arising out of a change in use of or operations at any "covered location" that is materially different from the use or operations at the inception of this Policy. i. Nuclear Material "Loss" based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which the insured is: (1) Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; (2) Entitled to indemnify from the United States of America or any agency thereof; or (3) An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. j. Previously Reported Claim "Loss" arising out of the same, related, continuous or repeated "pollution condition" that was the subject of a "claim" reported under any policy of which this is a renewal or replacement or which it may succeed in time, whether or not such prior policy affords coverage for such "claim." k. Prior Knowledge/Non-Disclosure (1) Based upon or arising out of a "pollution condition" or "claim" known by a "responsible insured" prior to the inception of this Policy and not specifically disclosed in the "application"; or (2) Solely with respect to Coverage FA.c., "bodily injury" or "property damage" or "environmental damage" resulting from "your work," and known by a "responsible insured," prior to the inception of this Policy. I. Transportation A "pollution condition" caused by or during "transportation." m. War "Loss" arising, directly or indirectly, out of: (1) War, including undeclared or civil war; Page 18 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. INIII III 111I 11111111111111 PII 1II Ru IPI 11111111111111111111111111 YB02.6_ 20/3910/0/.. (2) War -like action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. n. Workers' Compensation And Similar Laws "Loss" arising out of any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. o. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability (1) "Loss" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) "Loss" arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury." As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. COVERAGE G — PROFESSIONAL LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of a "wrongful act" to which this insurance applies committed in the "coverage territory" on or after any the "retroactive date" if applicable and before the end of the "policy period," in the rendering of or failure to render "professional services" performed by or on behalf of an insured. A "claim" arising out of such "wrongful act" must be first made against an insured and reported to us during the "policy period" or the extended reporting period, if applicable. The amount we will pay for damages is limited as described in Section III — Limits Of Liability And Deductible. 2. Exclusions This insurance does not apply to any "claim": a. Bankruptcy Arising out of the bankruptcy or insolvency of an insured or of any other person, firm or organization. b. Damages To Your Product Arising out of "your product," c. Dishonest Or Fraudulent Act Arising out of a dishonest, fraudulent, criminal or malicious act, error or omission committed by or at the direction of a "responsible insured." d. Disputed Fees Arising out of disputes over the insured's fees or charges or claims for the return of fees or charges. e. Failure To Comply Resulting from failure to comply with any applicable federal, state, local or provincial statute, regulation, ordinance, order or instruction, if such failure is a willful or deliberate act or omission of a "responsible insured." ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 19 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllIIIIIIIIIIIIII11IIIIIIIIIII9IIIIIIIII _1610006/21.9/0/00 f. Failure To Maintain Arising out of the insured's requiring, obtaining, maintaining, advising or failing to require, obtain, maintain or advise of any bond, suretyship or any form of insurance or self-insurance. g. Fiduciary Liability Of Non -Named Insured Arising out of: (1) An insured's acting as a partner, officer, director, stockholder, employer or "employee" of an entity that is not a Named Insured; or (2) An insured's acting as a fiduciary under the Employee Retirement Income Security Act of 1974 and any amendments thereto, or any regulation or order issued pursuant thereto, or any other employee benefit plan, h. Fines, Penalties And Assessments For any civil, administrative or criminal fines or penalties. i. Insured Versus Insured Brought by or on behalf of any insured against any other insured. j. Internal Expenses For costs, charges or expenses incurred by the insured for materials supplied or services performed by the insured, unless such costs, charges or expenses are incurred with our prior written consent, in our discretion. k. Known Wrongful Act Arising out of a "wrongful act" known by a "responsible insured" prior to the inception of this Policy and reasonably foreseeable as giving rise to "claim" under this Policy, I. Nuclear Material Based upon or arising out of the radioactive, toxic or explosive properties of nuclear material and with respect to which the insured is: (1) Required to maintain financial protection pursuant to the Atomic Energy Act of 1954; (2) Entitled to indemnify from the United States of America or any agency thereof; or (3) An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. m. Owned Facilities Arising out of any location or facility that is or was owned, occupied, operated by or rented or leased to you or any entity that: (1) Has any ownership interest or operates, manages or otherwise controls you; or (2) In which you have any ownership interest or which you operate, manage or otherwise control. n. Personal And Advertising Injury Arising out of "personal and advertising injury." o. Previously Reported Claim Arising out of the same "wrongful act" or related, continuous or repeated "wrongful acts" that were the subject of a "claim" reported under any policy of which this is a renewal or replacement or which it may succeed in time, whether or not such prior policy affords coverage for such "claim." p. Warranties Arising out of express warranties or guarantees. This exclusion shall not apply if liability would have resulted in the absence of such express warranties and guarantees. Access Or Disclosure Of Confidential Or Personal Information Page 20 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111111111111111111111111! 11111111111111111111111111111111111111111111111111 .w../0000623900/. Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. DEFENSE — COVERAGES F AND G 1. We have the right and duty to defend the insured against any "claim" or "suit" seeking damages or "cleanup costs" subject to coverage under Coverage F (Site Pollution Liability) and Coverage G (Professional Liability). We have no duty to defend the insured against a "claim" or "suit" to which those Coverages do not apply. Our duty to defend ends when the applicable Limit of Liability is exhausted by payment of "loss." "Legal expense" incurred for defense of any "claim" or "suit" shall erode the applicable Limit of Liability. We have the right but not the duty to investigate any "pollution condition" or "wrongful act" and settle any "claim" or "suit" that may result therefrom. 2. Where the insured is legally entitled to select independent counsel to defend it, the attorneys' fees and expenses we will pay are limited to the rates that we normally pay to counsel selected by us to defend similar "claims" in the jurisdiction where the "suit" is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. The insured may at any time by its written consent waive any right to select independent counsel. RELATED CLAIMS — COVERAGES F AND G 1. Under Coverage F (Site Pollution Liability), if a "claim" is first made against an insured and reported to us during this "policy period," or under Coverage F.1.(a) (On -Site Clean -Up Costs) a "pollution condition" is first discovered by a "responsible insured" and reported to us during this "policy period," then, provided you have maintained Site Pollution Liability Coverage with us or our affiliate on a continuous, uninterrupted basis: a. Coverages FA.a.(2), FA.b. and F.1.c. All "claims" first made against an insured and reported to us during a subsequent "policy period" that arise from the same, related, continuous or repeated "pollution condition(s)" that gave rise to a "claim" first made against an insured and reported to us during this "policy period," will be deemed to have been first made against the insured and reported to us during this "policy period." All such "claims" will be subject to the applicable limits, deductible, terms and conditions of this policy. b. Coverage F.1.a.(1) All "pollution conditions" first discovered by a "responsible insured" and reported to us during a subsequent "policy period" that arise from the same related, continuous or repeated "pollution condition" that was first discovered by a "responsible insured" and reported to us during this "policy period," will be deemed to have been first discovered by a "responsible insured" and reported to us during this "policy period." All "loss" arising out of such "pollution conditions" will be subject to the applicable limits, deductible, terms and conditions of this policy. 2. Under Coverage G (Professional Liability), if a "claim" is first made against an insured and reported to us during this "policy period," then, provided you have maintained Professional Liability Coverage with us or our affiliate on a continuous, uninterrupted basis, all "claims" first made against an insured and reported to us during a subsequent "policy period" that arise out of the same, related, continuous or repeated "wrongful act(s)" that gave rise to a "claim" first made against an insured and reported to us during this "policy period," will be deemed to have been first made against the insured and reported to us during this "policy period." All such "claims" will be subject to the applicable limits, deductible, terms and conditions of this Policy. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 21 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111111111111111111111111111111 1uIl IIIIII 1EI 1EI 11111111 1u1 i11 111111 .2,600026339100/0* d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. With respect to all coverages other than Coverage D (Employee Benefits Administration Liability), each of the following is also an insured: a. Your "volunteer workers," but only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) above; or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) "Property damage" to property: (a) Owned, occupied or used by, or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers," any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed, d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception of this Policy is a Named Insured. 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the "policy period," whichever is earlier; b. Coverage under this Policy does not apply to any "bodily injury," "property damage," offense, "environmental damage," "wrongful act" or "crisis event" that occurred before you acquired or formed the organization. 5. Solely with respect to Coverage D (Employee Benefits Administration Liability), each of the following is also an insured: a. Each of your "employees" who is or was authorized to administer your "employee benefits program." b. Any persons, organizations or "employees" having proper temporary authorization to administer your "employee benefits program" if you die, but only until your legal representative is appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties as such. That representative will have all your rights and duties under this Policy. Page 22 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111111 1' 111111111111 Ell 111 IEI 1111I 11111111 1I1 1II 111111 ._..r...,..,. 6. Any person or organization with whom you agree to include as an insured pursuant to an "insured contract" is an insured, but only with respect to "bodily injury," "property damage," "environmental damage" or "personal and advertising injury" caused in whole or in part by your operations, "your work," equipment or premises leased or rented by you, or "your products" which are distributed or sold in the regular course of a vendor's business; and only for the lesser of the applicable limits of liability set forth in Section III of the Policy or the minimum limits of liability required by the "insured contract"; however: a. A vendor is not an insured as respects "bodily injury," "property damage," "environmental damage," "emergency response cost," "crisis cost" or "personal and advertising injury": (1) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (2) Arising out of any express warranty unauthorized by you; (3) Arising out of any physical or chemical change in the product made intentionally by the vendor; (4) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Arising out of demonstration, installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (7) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects "bodily injury," "property damage," "environmental damage," "emergency response cost," "crisis cost" or "personal and advertising injury": (1) Arising out of any "occurrence," offense or "pollution condition" that takes place after the equipment lease expires or you cease to be a tenant; or (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. 7. Any person or organization that has at least a 50% controlling interest in you is an insured but only with respect to "bodily injury," "property damage," "environmental damage" or "personal and advertising injury" arising out of their financial control of you. 8. Any person or organization with whom you agree to include as an insured pursuant to an "insured contract" is an insured, but only with respect to liability for "bodily injury," "property damage," "environmental damage" or "personal and advertising injury" caused in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for that person or organization. These additional insureds are not an insured with respect to liability for "bodily injury," "property damage," "environmental damage" or "personal and advertising injury" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF LIABILITY AND DEDUCTIBLE 1. Limits of Liability ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 23 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission, 111111 $11 1I 11111111111111 111I IEI 11I 1I 11111111 1I1 111 11II 11I CY, .._....._ a. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay under this Policy regardless of the number of insureds, claimants, offenses, "claims," "suits," "occurrences," "crisis events," "pollution conditions," or "wrongful acts." b. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of all "loss" under all Coverages of this Policy, except for: (1) Supplementary Payments under Coverages A through E; and (2) Damages because of "bodily injury" or "property damage" included under Coverage A (Bodily Injury And Property Damage) in the "products -completed operations hazard." The General Aggregate Limit applies separately to: (a) Damages covered under Coverage E.1.d. (Contractors Pollution) arising out of "your work" at any one construction project; and (b) Damages covered under Coverages A (Bodily Injury And Property Damage), E.1.a. (Hostile Fire And Building Equipment) and E.1.e. (Site Time -Element Bodily Injury And Property Damage) arising out of on-going operations at any one location. c. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A (Bodily Injury And Property Damage) for all damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard." d. Each Occurrence Limit Subject to Paragraph b. or c. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of all damages under Coverage A (Bodily Injury And Property Damage) because of all "bodily injury" and "property damage" arising out of any one "occurrence" or related, continuous or repeated "occurrences." e. Personal And Advertising Injury Limit Subject to Paragraph b. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B (Personal And Advertising Injury) for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. f. Damage To Premises Rented To You Limit Of Liability Subject to Paragraph d. above, the Damage To Premises Rented To You Limit of Liability is the most we will pay under Coverage A (Bodily Injury And Property Damage) for all damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightening, or explosion while rented to you or temporarily occupied by you with permission of the owner. g. Medical Expense Limit Subject to Paragraph d. above, The Medical Expense Limit of Liability is the most we will pay under Coverage C (Medical Payments) for all medical expenses because of "bodily injury" sustained by any one person. h. Employee Benefits Administration Limit Subject to Paragraph b. above, the Employee Benefits Administration Limit of Liability is the most we will pay under Coverage D (Employee Benefits Administration Liability) for all damages sustained by any one "employee," including damages sustained by such "employee's" dependents and beneficiaries, arising out of any one "wrongful act" or related, continuous or repeated "wrongful acts." However, the amount paid under this Policy shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefits program." i. Each Pollution Condition Limit — Coverages E.1.a. through E.1.f. Subject to Paragraph b. above, the General Pollution Liability — Each Pollution Condition Limit is the most we will pay for all damages under Coverages E.1.a. through E.1.f. (General Pollution Liability coverages) because of all "bodily injury," "property damage," "environmental damage" and "emergency response cost" arising out of any one "pollution condition" or related, continuous or repeated "pollution conditions." Page 24 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIII IIIIIIIIiII 1111111111 IIIIIIIIIII 1[I 1111l 1111111111111 E1 nl ............... j. Crisis Cost Limit The most we will pay for all "crisis cost" covered under this Policy is the Crisis Cost Limit of Liability set forth in Item 3 of the Declarations. "Crisis cost" does not erode any other Limit of Liability set forth in Item 3 of the Declarations. k. Each Pollution Condition Limit— Coverage F Subject to Paragraph b. above, the Site Pollution — Each Pollution Condition Limit is the most we will pay for all "loss" under Coverage F (Site Pollution Liability) arising out of any one "pollution condition" or related, continuous or repeated "pollution conditions." I. Each Wrongful Act Limit Subject to Paragraph b. above, the Each Wrongful Act Limit is the most we will pay for all "loss" under Coverage G (Professional Liability) arising out of any one "wrongful act" or related, continuous or repeated "wrongful acts." m. Multiple Coverage Sections Subject to Paragraph b. or c. above, whichever applies, the highest applicable Each Occurrence Limit, Each Pollution Condition Limit or Each Wrongful Act Limit is the most we will pay for the sum of all "loss" under all Coverages arising out of: (1) Any one "occurrence," "pollution condition" or "wrongful act"; (2) Related, continuous or repeated `occurrences," "pollution conditions" or "wrongful acts"; or (3) Any combination of Paragraphs (1) and (2) above. The Limits of Liability apply to the entire "policy period." Any extension of the "policy period" that occurs after the inception of this Policy shall be deemed part of the preceding period for the purposes of determining the applicable Limits of Liability. 2. Deductible The Limits of Liability apply in excess of the applicable Deductible amounts set forth in Item 3 of the Declarations. A separate Deductible will apply to: a. Each "occurrence," "pollution condition" or "wrongful act"; b. Related, continuous or repeated "occurrences," "pollution conditions" or "wrongful acts"; or c. Any combination of Paragraphs a. and b. above. For Coverage B (Personal and Advertising Injury), the Deductible applies to all "personal and advertising injury" sustained by any one person or organization. For Coverage F (Site Pollution Liability) and Coverage G (Professional Liability), the Deductible includes "legal expense." If the same, related, continuous or repeated "occurrence," "pollution condition" or "wrongful act" results in application of more than one Coverage, only the highest applicable Deductible shall apply. We will have no duty to make any payment under this Policy until you pay the applicable Deductible. We may, but are not obligated to, advance amounts for "loss" within the Deductible. Upon our request, you will promptly reimburse us for any amounts within the Deductible that we have advanced. SECTION IV — CONDITIONS 1. Assignment Assignment of this Policy or any of the insured's rights or duties hereunder shall not bind us unless our written consent is endorsed hereto. 2. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this Policy. 3.Cancellation a. The first Named Insured may cancel this Policy by mailing or delivering to us advance written notice of cancellation stating when cancellation is to be effective. If the first Named Insured cancels, any unearned premium will be paid to the first Named Insured calculated on the customary short rate basis. b. We may cancel this Policy by mailing or delivering to the first Named Insured shown in the Declarations written notice of cancellation at least: ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 25 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11u11111 1u1111 m 111 PluEu IE� 1u 11111111 El 111 u IN r,..a..,.... (1) 15 days before the effective date of cancellation if we cancel for non-payment of premium, or fraud or misrepresentation in the "application" for this Policy; (2) 90 days before the effective date of cancellation if we cancel for non-payment of the applicable Deductible. If we cancel, any premium refund will be calculated on a pro rata basis. c. Any written notice of cancellation provided under Paragraph a. or b. shall state the effective date of cancellation and the policy period will end on such date. Proof of mailing shall be sufficient proof of notice of cancellation, d. We will tender any premium refund due upon cancellation to the first Named Insured as soon as practicable after cancellation is effective, but tender of such premium refund is not a condition of cancellation. 4. Changes This Policy contains all the agreements between us and you concerning the insurance afforded under this Policy. This Policy's terms cannot be changed, amended or waived except by an endorsement issued by us and made a part of this Policy. 5. Cooperation The insured shall cooperate with us and provide such reasonable assistance and cooperation to us in the investigation and defense of "claims" and "suits" as we may require. At our request, the insured shall submit to examination under oath, attend depositions, hearing and trials, and assist in effecting settlements and providing evidence and the attendance of witnesses. 6. Duties In The Event Of An Occurrence, Offense, Pollution Condition Or Wrongful Act You must notify us as soon as practicable of any "occurrence," offense, "pollution condition," or "wrongful act," whether or not you have received a "claim" or "suit." To the extent possible, such notice should include: a. How, when and where the "occurrence," offense, "pollution condition" or "wrongful act" took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence," offense, "pollution condition" or "wrongful act." Notice of an "occurrence," offense, "pollution condition" or "wrongful act" is not notice of a "claim." Knowledge of an "occurrence," offense, "pollution condition" or "wrongful act" by any of your agents, servants or "employees," or any other person shall not it itself constitute knowledge by you unless a "responsible insured" or a manager or equivalent level "employee" in your Risk Management, Insurance or Law Department possesses such knowledge. If you mistakenly notify another insurer rather than us of an "occurrence," offense, "pollution condition" or "wrongful act," such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the "occurrence," offense, "pollution condition" or "wrongful act" within a reasonable time after you become aware of such error. 7. Duties In The Event Of A Claim Or Suit If a "claim" is made or "suit" is brought against any insured, you must: a. Immediately record the specifics of the "claim" or "suit" and the date received; b. Notify us as soon as practicable; c. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "claim" or "suit"; d. Authorize us to obtain records and other information; e. Cooperate with us in the investigation or settlement of the "claim" or defense against the "suit"; and f. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy may also apply: 8. Duties With Respect To Pollution Conditions a. In the event the insured becomes aware of a "pollution condition" or imminent threat thereof, the insured must: (1) Promptly report the "pollution condition" or imminent threat thereof to us and to the appropriate governmental authority as required by "environmental law"; Page 26 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIullllllllllllllllllllllllllllllllllll _....,..r....... (2) Mitigate and cleanup any "pollution condition" or imminent threat thereof to the extent required by "environmental law" by retaining an "environmental professional"; (3) Provide us with proposed work plans, bids, contracts, agreements or any similar document, concerning work to result in "cleanup cost" (except for "emergency response cost"), which proposals shall be subject to our right to prior approval; and (4) Provide us at reasonable intervals (and always at least 30 days prior to submission of any progress report to any regulatory agency) written progress reports concerning the work resulting in "cleanup cost." b. We shall have the right but not the duty to mitigate and cleanup (including assuming direct control of any mitigation or cleanup) any "pollution condition" that may be covered under this Policy or any imminent threat that may result in a "pollution condition" that may be covered under this Policy. In the event that we assert a right to mitigate or cleanup, then any amounts we spend to mitigate or cleanup shall erode the applicable Limits of Liability and the insured will reimburse us for any portion of any applicable Deductible advanced while taking such action. 9. Duties In The Event Of Emergency Response Costs When "emergency response costs" have been incurred, the insured shall forward to us as soon as practicable all information related to such "emergency response costs," including the cause, commencement and location of the "pollution condition," technical reports, laboratory data, field notes, expert reports, investigations, data collected, invoices, and correspondence with regulatory authorities, 10. Insured's Right To Give Notice Of Possible Claim Under Coverage F (Site Pollution Liability) If during the "policy period" the insured becomes aware of a "pollution condition" that commenced on or after any applicable "retroactive date" and before the end of the "policy period," and which may reasonably be expected to give rise to a "claim" against the insured, the insured may give us written notice during the "policy period" of such "pollution condition" and the reasons for believing that a "claim" may arise. Such notice must include the following to the extent possible: a. The circumstances under which the insured first became aware of the "pollution condition"; b. The nature, location and date of commencement of the "pollution condition"; c. The identity of anticipated or potential claimants; d. The "bodily injury," "property damage" or "cleanup cost" that has resulted or may result from the "pollution condition"; e. All available engineering information relating to the "pollution condition"; and f. Any other information that we deem reasonably necessary. In the event the insured provides such notice, all "claims" otherwise covered under Coverage F (Site Pollution Liability) that arise out of such "pollution condition" and are first made against an insured and reported to us within 5 years after the end of the "policy period" shall be deemed to have been first made against an insured and reported to us during the "policy period." 11. Economic And Trade Sanctions Any term or condition of this Policy in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control, shall be null and void. 12. Headings The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. 13.11-egal Action Against Insurer No person or organization shall have the right under this Policy to join us as a party, or otherwise bring us into a "suit" seeking damages from an insured, or to bring any action against us in connection with this Policy, unless as a condition precedent thereto all terms of this Policy have been fully complied with. 14. Other Insurance If other valid and collectible insurance is available for any "loss" subject to coverage under this Policy, our obligations are limited as follows: a. Primary Insurance ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 27 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIII III I111I IIII IImIIIII 1111111111111111111111111111111111111111111111111111111 .......... Except as provided in Paragraph b. below, this insurance is primary. When this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, in which case we will share with all other primary insurance by the method described in Paragraph c. below. However, in the event that an "insured contract" requires this insurance to be primary for any person or organization whom you agreed to insure and provided such person or organization is an insured under this Policy, this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis that is: (a) Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) A consolidated (wrap-up) insurance program that has been provided by the prime contractor/project manager or owner of the construction project in which you are involved; (d) Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (e) Insurance applicable to "loss" arising out of the maintenance or use of aircraft, "autos" or watercraft. (2) Any other primary insurance available to you covering liability for damages arising out of premises, operations, or the products and completed operations, for which you have been added as an additional insured. (3) Any project -specific primary insurance available to you covering liability for damages arising out of "your work," for which you are an insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer has a duty to defend, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of "loss," if any, that exceeds the sum of the: (a) Total amount that all such other insurance would pay for the "loss" in the absence of this insurance; and (b) Total of all deductible, retained and self-insured amounts under all that other insurance. Then, we will share the remaining "loss," if any, with any other insurance that is not described in Paragraph b. above and was not bought specifically to apply in excess of the applicable Limits of Liability of this Policy. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we also will follow such method. Under this method, each insurer contributes equal amounts until it has paid its limit of liability or no "loss" remains, whichever comes first; or If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its limit of liability to the total limits of insurance of all insurers. 15. Representations By acceptance of this Policy, you agree that the "application" is material to the underwriting of this Policy and that we issued this Policy in reliance upon such representation. 16. Separation of Insureds Except with respect to the Limits of Liability, the Insured Versus Insured exclusion, and any rights or duties specifically assigned in this Policy to the first Named Insured, this Policy applies as if each insured were the only insured and applies separately to each insured against whom a "claim" is made or "suit" is brought, Page 28 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111111111111 $u 111111111111 uuEuA 1u 1111111111 u11 11111 .2B6000. _..� 17. Service Of Suit In the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes a waiver of the our right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such "suit" may be made upon counsel. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office as its true and lawful agent upon whom may be served any lawful process in any action, "suit" or proceeding instituted by or on behalf of an insured arising out of this Policy. 18. Sole Agent The first Named Insured shall act on behalf of all insureds for the payment or return of premium and Deductibles, negotiation, receipt and acceptance of any endorsement issued by us and made part of this Policy, giving or receiving notice of cancellation, and exercising the right to an extended reported period. 19. Subrogation If the insured has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us and the insured shall not do anything to impair such rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred in such recovery prorated in accordance with each interested party's share in the total recovery, then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability, and last to us to the extent of our payment under this Policy. However, if the insured has waived rights of recovery against any person or organization in a written contract or agreement prior to a "loss," we also waive such right of recovery we may have under this Policy against such person or organization. 20. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of his or her duties as your legal representative. Until that legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 21. Voluntary Payments No insured will, except at that insured's own cost, admit liability or voluntarily make a payment, assume any obligation, make any settlement or incur any expense, other than "emergency response cost" or "crisis cost," without our prior written consent. SECTION V — EXTENDED REPORTING PERIODS This Section applies solely to purchased Coverages under Coverages F (Site Pollution Liability) and G (Professional Liability). If the Policy was not terminated due to non-payment of premium, or fraud or misrepresentation in the "application" for this Policy, and the first Named Insured has not purchased any other insurance to replace this insurance, we will provide an Automatic Extended Reporting Period as described in Paragraph 1. below, or, if the first Named Insured purchases it, an Optional Extended Reporting Period as described in Paragraph 2. below. 1. Automatic Extended Reporting Period The Automatic Extended Reporting Period is 90 days following the end of the "policy period." A "claim" first made against the insured and reported to us during the Automatic Extended Reporting Period will be deemed to have been first made against the insured and reported to us on the last day of the "policy period," provided the "pollution condition" or "wrongful act" commenced on or after any applicable "retroactive date" and before the end of the "policy period." The Automatic Extended Reporting Period shall not apply if the Optional Extended Reporting Period is purchased pursuant to Paragraph 2. below. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 29 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIYIVIIIUII B02B161Q00026.31,1.00* Optional Extended Reporting Period a. The first Named Insured may purchase an Optional Extended Reporting Period Endorsement upon providing written notice to us, within the first 30 days following the end of the "policy period," of the first Named Insured's election to purchase the Endorsement. The Optional Extended Reporting Period shall be effective for up to 48 months at a rate of not more than 200% of the annual premium. The Optional Extended Reporting Period Endorsement shall not become effective unless the first Named Insured pays the additional premium when due, which will be fully earned upon payment. Once the first Named Insured pays the additional premium when due, the Optional Extended Reporting Period may not be cancelled. A "claim" first made against the insured and reported to us during the Optional Extended Reporting Period will be deemed to have been first made against the insured and reported to us on the last day of the "policy period," provided the "pollution condition" or "wrongful act" commenced on or after any applicable "retroactive date" and before the end of the "policy period." b. We may at our discretion decline to provide the Optional Extended Reporting Period for reasons including but not limited to the following: (1) Nonpayment of premium; (2) Nonpayment of retention; and (3) Loss history. 3. The provision of an Extended Reporting Period does not increase or reinstate any aggregate limit under this Policy. SECTION VI — DEFINITIONS 1. "Administration" means: a. Providing information to "employees," including their dependents and beneficiaries, with respect to eligibility for or the scope of "employee benefits programs"; b. Handling records in connection with the "employee benefits program"; or c. Effecting, continuing or terminating any "employee's" participation in any benefit included in the "employee benefits program." "Administration" does not include handling payroll deductions. 2. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Published notices include material placed on the Internet or on similar electronic means of communication; and b. Only that part of a website that pertains to your goods, products or services for the purposes of attracting customers or supporters is considered an "advertisement." 3. "Application" means all "applications," including any attachments and other materials provided therewith or incorporated or referenced therein submitted by or on behalf of the insured in connection with the underwriting of this Policy or for any other policy of which this Policy is a renewal, replacement or which it succeeds in time. All "applications," attachments and other materials are deemed attached to this Policy. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. "Auto" does not include "mobile equipment." 5. "Biological agent" means any microorganism (including bacteria, viruses, rickettsia, or protozoa) or infectious substance, or naturally occurring, bioengineered, or synthesized component of any such microorganism or infectious substance capable of causing: a. Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; b. Degradation of food, water, equipment, supplies, or other material of any kind; or c. Deleterious alteration of the environment. 6. "Bodily injury" means physical injury, sickness, mental anguish, shock or emotional distress or disease sustained by a person, including death resulting therefrom. "Bodily injury" also includes medical monitoring cost when accompanied by physical injury. Page 30 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111111III111111IIIIIIIIIIIIISIVIIIVIIIIIIIYI�IIIIIIIIILIIVIIIIIIIIIIIAI ...., 100002_.._. 7. "Claim" means a written demand seeking a remedy and alleging liability or responsibility on the part of the insured. 8. "Cleanup cost" means reasonable and necessary expense incurred with our written consent, including "legal expense" and "restoration cost," to investigate, abate, contain, treat, remove, remediate, monitor, neutralize or dispose of contaminated air, soil, surface water or groundwater or other contamination caused by a "pollution condition" but only: a. To the extent required by "environmental law" or in the absence of applicable "environmental law," as determined to be reasonable and necessary by an "environmental professional"; b. If required to satisfy a "voluntary cleanup program"; or c. If incurred by any governmental entity of the United States of America including its territories and possessions, Puerto Rico, Canada or by a third -party. 9. "Conveyance" means an "auto," railcar, train, watercraft or aircraft, but does not include pipelines. 10. "Coverage territory" means anywhere in the world including international waters or airspace, provided that for "loss" arising out of "your product," "your work," "transportation" or any "non -owned disposal site," the insured's responsibility to pay "loss" is determined in a "suit" on the merits in the United States, its territories or possessions, Puerto Rico or Canada, or is otherwise agreed to by us. In no event shall this insurance be used as evidence of financial assurance in any jurisdiction outside the United States of America. 11. "Covered location" means any location(s) in the "coverage territory" that is specifically listed in the Declarations or by endorsement. 12. "Crisis cost" means reasonable and necessary fees and expenses incurred by a firm listed in the attached policyholder notice or by any other firm selected by the insured with our prior written consent, within the first 21 days following the "crisis event," for services in advising you on minimizing potential harm from a covered "crisis event" by maintaining and restoring public confidence in you. "Crisis cost" includes amounts for reasonable and necessary printing, advertising, mailing of materials, or travel by your directors, officers, "employees" or agents at the direction of a Crisis Management Firm. 13. "Crisis event" means a "pollution condition" that in the good faith judgment of an "executive officer" results, or in the absence of action to restore public confidence in you is likely to result, in significant adverse media coverage. 14. "Emergency response cost" means reasonable and necessary costs, charges or expenses, including "legal expense" and "restoration cost," to investigate, remove, dispose of, abate, contain, treat, neutralize, monitor or test soil, surface water, groundwater or other contaminated media, provided such costs, charges or expenses are incurred within 168 hours after commencement of a "pollution condition" that poses an imminent and significant threat to human health or the environment. 15. "Employee" includes a "leased worker." "Employee" does not include a "temporary worker." Solely with respect to Coverage D (Employee Benefits Administration Liability), "employee" also means a person actively or formerly employed, on leave of absence, disabled or retired. 16. "Employee benefits program" means a program providing some or all of the following benefits to "employees," whether provided through a plan authorized by applicable law to allow "employees" to elect to pay for certain benefits with pre-tax dollars or otherwise: a. Group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible spending accounts, provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibility requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits; c. Unemployment insurance, social security benefits, workers' compensation and disability benefits; and d. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family, and civil leave; tuition assistance plans; "transportation" and health club subsidies. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 31 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIdY1111911IIIIIeIIIIIIIIIIIIIIhIIIIIIIIIIYIIIIIIIIIIIIIIIYIII11 ...,._,,,....... 17. "Environmental damage" means physical damage to soil, the atmosphere, any watercourse or body of water including groundwater, or plant or animal life, caused by any "pollution condition" and giving rise to "cleanup cost." "Environmental damage" does not include "property damage." 18. "Environmental law" means any federal, state, provincial, municipal or other local law, statute, ordinance, rule, guidance document, regulation, administrative order or directive including any "voluntary cleanup program" or risk-based corrective action guidance, that is applicable to a "pollution condition." 19. "Environmental professional' means a person qualified to address the remediation of the subject "pollution condition" and whom we approve in advance, in writing, in our sole discretion after consultation with the insured. 20. "Executive officer" means a person holding any of the officer positions created by the insured in its charter, constitution, by-laws or any other similar governing document. 21. "Green upgrade cost" means reasonable cost to replace damaged material with environmentally superior material serving the same purpose and function, as certified by an independent qualified certifying body. If such certification is not available, such costs for such environmentally superior material must be approved in advance in writing by us, in our sole discretion. 22. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 23. "Illicit abandonment' means the intentional placement, abandonment or disposal by a person or entity other than the insured and without the knowledge of a "responsible insured" of materials that would result in "cleanup costs" if such materials were to discharge, disperse, release or escape on, in, into or upon a "covered location." 24. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your product' or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use or rendered useful by the repair, replacement, adjustment or removal of "your product," "your work" or your fulfilling the terms such contract or agreement. 25."Insured contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Page 32 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 111I III 111I 1111111111111111111 P11 IIIII IIIIII 1111111111111111111 11III IIII IN _2..00.26341391000. (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (2) above and supervisory, inspection, architectural or engineering activities. (4) That indemnifies any person or organization for "bodily injury" to an "employee" of an insured, a contractor, or a subcontractor of an insured arising out of and in the course of employment by an insured; or (5) That indemnifies the spouse, child, parent, brother, sister, or other family member of an "employee" of an insured, a contractor, subcontractor, or "employee" of a contractor or subcontractor as a consequence of Paragraph (4) above. 26. "Legal expense" means reasonable and necessary fees charged by legal counsel designated by us, or, with our prior written consent, by you; and other reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, defense, settlement or appeal of any "claim" or "suit" if incurred by us or by the insured with our prior written consent. 27. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker." 28. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered. "Loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." 29. "Loss" means: a. Damages because of "bodily injury," "property damage," "personal and advertising injury," "environmental damage" or a "wrongful act," including, where insurable under applicable law, punitive, exemplary, or multiple damages, and civil fines, penalties, or assessments; b. "Cleanup cost"; c. Medical expenses under Coverage C (Medical Payments); d. "Crisis cost"; e. "Emergency response cost"; and f. "Legal expense" under Coverage F (Site Pollution Liability) and Coverage G (Professional Liability). 30. "Mold" means any form of "mold," mildew, fungi, microbial matter whether such matter is living or not. 31. "Misdelivery" means the delivery of any liquid product into any receptacle or to an address, other than the correct receptacle or the correct address, or the mistaken delivery of one liquid product for another. 32. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 33 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIIIIIIIIIIIIIIIIIIfdIIIIIIIIIIIIIVIIIIIIIIRIIIIII1IIIIIIIIIVIIIIIII .2.16000613539/0/0010 f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the "transportation" of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but are "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. "Mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos." 33. "Natural resource damage" means physical injury to or destruction of, including the resulting loss of value of, land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson -Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.)), any state, local or provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. 34. "Non -owned disposal site" means premises that the insured never owned, occupied, managed, operated, leased or rented including premises that, at the time of consignment for delivery or delivery of "waste" from "your work" was: a. Properly licensed by the appropriate federal, state or local authority for storage, treatment, disposal or processing of such "waste"; b. As of the inception of this Policy, was not listed on the federal National Priorities List or any state analogue thereof, or has not been subject to a consent order or corrective action under "environmental law". c. As of the inception of this Policy was not, subjected to Federal information requests under Section 104(e) of CERCLA or Section 3007 (a) of RCRA or, state or local equivalent requests; and d. As of the inception of this Policy or date that the "non -owned disposal site" is first selected for use by or on behalf of the Named Insured, whichever is later, the "non -owned disposal site", its owners and operators are not in bankruptcy or financial insolvency. 35. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 36. "Personal and advertising injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. Use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement." 37. "Policy period" means the period shown in the Declarations, or any shorter period resulting from the cancellation or termination of this Policy, or any other period as amended by endorsement. Page 34 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIIIIIIIIIIIflIIIIIIIIIIIIIIIIIIII11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIYI _...0026/6/39._0* 38. "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, silt, sediment, fumes, acids, alkalis, chemicals, hazardous substances, petroleum hydrocarbons, low level radioactive matter or "waste," electromagnetic fields or "biological agent." 39. "Pollution condition" means the discharge, emission, seepage, migration, dispersal, release, escape or "illicit abandonment" of any "pollutant' into or upon land, or any structure on land, the atmosphere or any watercourse or body of water including groundwater, provided such "pollutant' is not naturally present in the environment in the concentration or amounts discovered. "Pollution condition" also includes the presence of "mold" and bacteria, including legionella pneumophila. 40. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work," except: (1) Products that are still in your physical possession; or (2) "Your work" that has not yet been completed or abandoned. "Your work" will be deemed completed at the earliest of the following times: (a) When all of "your work" called for in your contract has been completed; (b) When all of the work to be done at the job site has been completed if your contract calls for "your work" at more than one job site; or (c) When that part of "your work" done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) "Transportation" of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 41. "Professional services" mean services the insured performs for a third party for a fee, but only in the capacity as an architect, engineer, landscape architect, land surveyor or planner, construction manager, LEED accredited professional, interior designer/space planner, or as otherwise specifically shown in the Declarations as "professional services." 42. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" or "pollution condition," as the case may be, that caused it; and c. Solely with respect to Coverage E (General Pollution Liability) and Coverage F (Site Pollution Liability), "natural resource damage." "Property damage" does not include "environmental damage," "cleanup costs" or diminution in value as a result of "property damage." For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 43. Responsible insured" means any employee of an insured responsible for environmental affairs, control or compliance, or any officer, director, partner, branch manager, operations manager or project manager of an insured. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 35 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11111111 1u 11111 11u11 iui 111 11u IPu1111111111111 1i 11 .._. _. 44. "Restoration cost' means reasonable and necessary expense incurred by the insured with our prior written consent to restore, repair or replace physically damaged real or personal property, when such damage occurs during the course of incurring covered "cleanup cost' or "emergency response cost," regardless of whether such damage to such real or personal property is directly caused by a "pollution condition," "Restoration cost' shall not exceed the replacement cost of such real or personal property. Except for "green upgrade cost," cost of restoration, repair or replacement in kind or quality exceeding that of the real or personal property before it was damaged is not included in "restoration cost." 45. "Retroactive date" means the applicable date shown in the Declarations, 46. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), "silica" particles, "silica" dust or "silica" compounds. 47. "Silica -related dust' means a mixture or combination of "silica" and other dust or particles. 48. "Suit' means a civil proceeding in which damages to which this Policy applies are alleged. "Suit' includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent. 49. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 50. "Transportation" means the movement by the insured, or by a third -party carrier, on behalf of the insured, properly licensed to conduct such movement of goods, product, merchandise, supplies or "waste" by any "conveyance": a. In connection with "your work"; or b. To or from a "covered location." "Transportation" includes "loading or unloading" of such goods, products, merchandise, supplies or "waste" into, onto or from any "conveyance." 51. "Underground storage tank" means any one tank or combination of tanks, including underground pipes attached thereto, that has at least 10% of its volume below ground level if outdoors or below the ground floor, level if indoors. "Underground storage tank" does not include septic tanks, sump pumps, oil -water separators, storm -water or wastewater collection systems. 52. "Voluntary cleanup program" means a program of the United States or any state, enacted pursuant to "environmental law," that requires governmental written approval to conduct voluntary corrective action to address a "pollution condition." 53. "Volunteer worker" means a person who is not your "employee," and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 54. "Waste" means all materials to be disposed, recycled, reconditioned or reclaimed. 55. "Wrongful act' means an act, error, or omission. 56. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. Page 36 of 37 Copyright, Everest Reinsurance Company, 2020 ECG 00 594 03 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIII11IIIIIIIIIIIIIIIVIIIIIIIIIIIIV _,e,.......... c. Does not include vending machines or other property rented to or located for the use of others but not sold. 57. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and (2) The providing of or failure to provide warning or instructions. ECG 00 594 03 20 Copyright, Everest Reinsurance Company, 2020 Page 37 of 37 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1111 $11 1u 11111 1m11 uu111 1u 11u1111111ul 1ui1 _.......,.91010„ COMMERCIAL LINES - (628) 201-9001 USI INSURANCE SERVICES LLC - CA LIC#: OD08408 201 MISSION ST 11TH FL SAN FRANCISCO, CA 94105 TOWN OF LOS ALTOS HILLS JEFF PETERSON 26379 FREMONT ROAD LOS ALTOS CA 94022 Would you like to receive this certificate via email or fax? We offer expedited delivery to better serve our mutual clients. To update the delivery method for revisions to this certificate and for next year's copy, please enter this information in your browser: https://www.cybersure.com/cybersure/forms/iyoc/cdmu.aspx When prompted, enter this information for security purposes: Client ID: ZANKEROA Cert ID: 15146137 Passcode: 2276C12F Follow the instructions and let us know your delivery preference. You'll receive future copies of this certificate via the method you provide. Thank you for helping us provide certificates to you more quickly. ui1 1111 $u1111111111111 11u 111 IEi 1P1 111111 Eu 111u1 11 .,.._.,..,,..