………………………………………………………………………………………………………………………………………………………..
See Auto Coverage Schedule Limit of liability less deductible Comprehensive 258
………………………………………………………………………………………………………………………………………………………..
See Auto Coverage Schedule Limit of liability less deductible Collision 499
………………………………………………………………………………………………………………………………………………………..
See Auto Coverage Schedule
Rental Reimbursement 37
………………………………………………………………………………………………………………………………………………………..
See Auto Coverage Schedule Limit of liability less deductible Roadside Assistance 3
Subtotal policy premium
……………………………………………………………………………………………………………………………………………………….. $1,495.00
………………………………………………………………………………………………………………………………………………………..
California Vehicle Assessment Fee 0.88
………………………………………………………………………………………………………………………………………………………..
Total 6 month policy premium and fees $1,495.88
Auto coverage schedule
2021 MERCEDES-BENZ E Actual Cash Value (plus $2,000.00 Permanently Attached Equip) VIN: W1KZF8DB3MA967336 Garaging Zip Code: 92336 Radius: 300 miles Personal use: Y Body type: Car - Luxury
1. Liability
Premium
………………………………………………………………………………………………………………………………………………
Liability
Premium
$525
UM/UIM
Premium
$157
Med Pay
Premium
$16
Physical Damage ……………………………………………………………………………………………………………………………………………… Premium Comp
Deductible
$100
Comp
Premium
$258
Coll/Waiver
Deductible
$500
Coll/Waiver
Premium
$499
Other Coverages ……………………………………………………………………………………………………………………………………………… Premium
Rental
Limit
$50 per day
Rental
Premium
$37
Roadside
Deductible
$0
Roadside
Premium
$3 $1,495
Auto Total
Max $1,500
Premium discount
………………………………………………………………………………………………………………………………………………………..
Policy
Multi-Product
Important notice
For your protection California law requires the following to appear on this form. Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Form QUOTE CA (12/23)
931
Form_SCTNID_CTGRY.CA0824A022_IDCARD
<docindex><index>IDCARD</index></docindex> BDF_PCA
KEEP THIS CARD IN YOUR VEHICLE WHILE IN OPERATION.
Keep these cards handy--in your glove compartment or wallet. And contact us anytime you have a question or need to report a claim.
If you have a claim, we'll get you back on the road as soon as possible. And while you'll always have a choice where to repair your vehicle, when you use a shop in our preapproved network, we'll guarantee your repair for as long as you own or lease your vehicle.
Thank you for choosing Progressive.
Harvest Realty, LLC.
Form A022 CA (08/24)
IF YOU'RE IN AN ACCIDENT
1. Remain at the scene. Don't admit fault.
2. Find a safe location, call the police, and exchange driver information.
TO REPORT A CLAIM
3. Call Progressive right away.
Call 1-800-274-4499 or go to claims.progressive.com.
NEED ROADSIDE ASSISTANCE? *
*Available only if Roadside coverage selected for this vehicle.
Call 1-855-577-0233.
California Evidence of Liability Insurance
Policy Number:
Effective Date: Expiration Date:
Policy Type: Commercial
Insurer:
Named Insured(s):
995874408 NAIC Number: 11770
04/09/2025 10/09/2025
United Financial Cas Co 1-800-444-4487
PO Box 94739 Cleveland, OH 44101
Harvest Realty, LLC.
Year Make Model VIN
2021 MERCEDES-BENZ E W1KZF8DB3MA967336
This policy complies with Section 16056 or 16500.5 of the California Vehicle Code.
Evidence of financial responsibility shall at all times be carried in the vehicle.
Insurance information has already been submitted directly to the DMV electronically, submit this document to DMV only if specifically requested by DMV.
932
Confirmation of Insurance
RT Specialty
2375 130th Avenue NE
Bellevue, WA 98005
Ryan Rosas
April 10, 2025
SSS
Alsop & Associates Insurance Agency
Attn: Misty Torrez
9155 Archibald Ave, Ste H Rancho Cucamonga, CA 91730
SSS
Insured: Harvest Realty LLC
12223 Highland Ave #106-580
Rancho Cucamonga, CA 91739
SSS
Policy #: APP54512243
Policy Period: 04/09/2025 12:01 AM To 04/09/2026 12:01 AM Coverage: Liability
S
Issuing Company: Kinsale Insurance Company
SS
S
CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE
SS
Please be advised that if you request cancellation of your policy prior to the expiration, the policy may be cancelled at a rate less than pro rata.
SS
Please refer to your policy for specific terms and conditions.
SSSSS
B 2.0.0 APP54512243 (New) 1 of 4
933
Confirmation of Insurance
RT Specialty
2375 130th Avenue NE
Bellevue, WA 98005
Ryan Rosas
April 10, 2025
SSS
Alsop & Associates Insurance Agency
Attn: Misty Torrez
9155 Archibald Ave, Ste H Rancho Cucamonga, CA 91730
SSS
Insured: Harvest Realty LLC
12223 Highland Ave #106-580
Rancho Cucamonga, CA 91739
SSS
Policy #: APP54512243
Policy Period: 04/09/2025 12:01 AM To 04/09/2026 12:01 AM Coverage: Liability
S
Issuing Company: Kinsale Insurance Company
SS
S
This is to confirm that we have procured coverage for the above captioned insured per your instructions, subject to all terms and conditions from the insurance carrier as attached:
SS
Note :
SS
Minimum earned premium may apply to this policy (please refer to the attached documents for specifics). All fees are fully earned at inception.
SS
Please review all attached documents for details regarding any additional premium charges, minimum, deposit, audit and/or cancellation provisions.
SS
This insurance is subject to all terms and conditions of the cover note, certificate of insurance and/or policy which may be issued.
SS
This Confirmation of Insurance shall be automatically terminated and voided by delivery of the cover note, certificate of insurance or policy to the insured or its representative.
SS
Thank you for your business.
SSSSS
Regards,
S
Ryan Rosas Sophia Parker
Broker - PC Customer Solutions Associate - RTS
RT Specialty RT Specialty
[email protected] [email protected] +14-255-6149
B 2.0.0 APP54512243 (New) 2 of 4
934
Confirmation of Insurance
RT Specialty
2375 130th Avenue NE
Bellevue, WA 98005
Ryan Rosas
Cost Summary
General Liability Premium $2,000.00
Policy Fee $200.00
Carrier Policy Fee $250.00
CA Surplus Lines Tax $67.50
CA Stamp Fee $4.05
Total Policy Cost $2,521.55
Minimum Earned
Note: There may be a minimum earned on this policy. Please refer to the attached documents for more details on the minimum earned percentage.
S
B 2.0.0 APP54512243 (New) 3 of 4
935
Confirmation of Insurance
RT Specialty
2375 130th Avenue NE
Bellevue, WA 98005
Ryan Rosas
Remarks
Payments are no longer able to be made prior to binding, there will be a link on the invoice sent after the policy has been bound:
Agent confirmation that payment is in hand or banking/credit card information has been received ______________ (agent initial here).
*By requesting to bind coverage, you acknowledge that you have received banking information or other form of payment to be submitted upon receipt of our invoice. Per the RT Specialty producer agreement, collecting and remitting payment is the responsibility of the agent.
New Mailing address for hard copies of payment is:
RSG Specialty, LLC
26289 Network Place
Chicago, IL 60673-1262
In the memo line, please reference your quote #/policy #, as well as the named insured.
B 2.0.0 APP54512243 (New) 4 of 4
936
Kinsale Insurance Company
A.M. Best Company Rating: A (Excellent)
Financial Size Category: XIII
RSG Specialty, LLC - Bellevue, WA
BINDER
RE: Harvest Realty LLC
12223 Highland Ave, Ste 106-580
Rancho Cucamonga, CA 91739
Policy:0100362652-0
Date:04/10/2025
This binder contains an outline of coverage and does not include all the terms, conditions and exclusions of the policy that may be issued. The policy contains the full and complete agreement with regards to coverage. Please review this binder thoroughly and notify the Company immediately of any inaccuracies or discrepancies.
Company: Kinsale Insurance Company Policy Term: 04/09/2025 - 04/09/2026 Coverage Form: Commercial General Liability - Products/Completed Operations Excluded - Occurrence
Retro Date: n/a
Description Of Operations: Real Estate Development Property - Excluding Construction Limits:
Each Occurrence Limit $1,000,000
Damages to Premises Rented to You Limit $100,000
Medical Expense Limit Excluded
Personal & Advertising Injury Limit $1,000,000
General Aggregate Limit $2,000,000
Products / Completed Operations Aggregate Limit Excluded Deductible:
Per Claim $1,000
** Deductibles apply to all coverages, damages, and expenses.
Additional Coverages:
Active Assailant Coverage $100k/$50k/$25k/$0 Ded.
$150
$2,000
$250
$2,250
100.00%
100.00%
Active Assailant Coverage
Premium (Minimum premium applies)
Company Fees
Total Due
Minimum Earned Premium
Minimum Deposit Premium
937
Company Fees are fully earned.
Premium is 100.00% minimum and deposit.
Minimum Premium applies.
Taxes, fees and surcharges are the responsibility of the broker.
If this binder indicates the policy is subject to audit, then the initial premium payable at inception is considered an estimated and deposit premium only; we may conduct a premium audit on or about the cancellation or expiration date of the policy to determine the actual earned premium based on the amount of risk exposure during the policy term. Any refusal or failure by you to maintain, provide records, or to allow us to conduct an audit of such records, will result in the application of the Audit Noncompliance Charge Factor (if listed on this binder), or our calculating a final audit premium based on information available to us.
Class Description and Rating Basis:
Class Description Exposure Base Exposure Units Rate
Real Estate Development Property (excluding
construction) - Acreage
per Acre 7 11.4286
Locations
1. 11351 Chamberlaine Way, Adelanto, CA 92301
Condition Precedent:
This binder is conditioned on our receipt and approval of the materials listed below. We may rescind this binder if we do not receive, review and approve in writing these materials. Further, this binder is strictly conditioned upon there being no material change in the risk between the date of the binder and the effective date of the policy. If we determine that a material change has occurred, we may modify the terms of this binder, including rescinding it altogether.
Comments:
Exclusions and Endorsements:
CAS1000-0521 - Commercial General Liability Declarations ADF9013-0524 - Notice - Where to Report a Claim
ADF4001-0110 - Schedule of Forms
ADF0001-0221 - Active Assailant Coverage Endorsement
CG0001-0413 - Commercial General Liability Coverage Form ADF2000-0622 - Policy Amendment - Extrinsic Evidence
CAS2004-0110 - Deductible Endorsement
CAS2007-0222 - Common Conditions - Casualty
CAS2042-0418 - Limitation of Coverage A and Coverage C to Designated Location(s) or Project(s) or Event(s) CAS2044-0220 - Limitation of Coverage B to Designated Location(s) or Project(s) or Event(s) CG2104-1185 - Exclusion- Products/Completed Operations Hazard CG2139-1093 - Contractual Liability Limitation
ADF4002-0824 - Basis of Premium
CAS4018-1121 - Additional Policy Provisions - Premium
938
CAS4029-0721 - Amendment - Conditions - Premium Audit
ADF3003-0922 - Exclusion - Absolute Pollution and Pollution Related Liability ADF3010-0110 - Exclusion- Nuclear, Biological or Chemical Materials ADF3011-0115 - Exclusion of Other Acts of Terrorism Committed Outside the United States; Exclusion of Punitive Damages Related to a Certified Act of Terrorism; Cap on Losses from Certified Acts of Terrorism ADF3017-0622 - Exclusion - Biometric Information Privacy Laws CAS3009-0110 - Exclusion-Medical Payments
CAS3011-0220 - Exclusion - New Entities (Commercial General Liability) CAS3013-0110 - Exclusion-Subsidence
CAS3017-0110 - Exclusion- Absolute Auto, Aircraft and Watercraft CAS3040-0222 - Amended Exclusion - Employer's Liability CAS3043-0621 - Additional Policy Exclusions
CAS3045-0523 - Exclusion - Water Hazard
CAS3060-1120 - Exclusion - Injury to Independent Contractors CAS3086-1121 - Exclusion - Water Related Bodily Injury and Property Damage CAS3098-1120 - Exclusion - Named Insured vs. Named Insured CAS3105-0321 - Absolute Exclusion - Motorized Vehicles
CAS3108-0420 - Amended Exclusion - Recording and Distribution of Material or Information- General Liability CAS3111-1121 - Absolute Exclusion - Firearms
CAS3124-0616 - Exclusion - Violation of Statutes That Govern E-Mails, Fax, Phone Calls or Other Methods of Sending Material or Information
CAS3125-0623 - Exclusion - Fire or Fire-Related Injury or Damage CAS3140-0524 - Exclusion - Pathogen and Related Hazards CAS3145-0424 - Exclusion - Cancer
CAS3187-0921 - Absolute Exclusion - All Construction And Land Preparation CAS3199-0324 - Absolute Exclusion - Perfluoroalkyl And Polyfluoroalkyl Substances (PFAS) CAS3201-0322 - Exclusion - Assault, Battery, Abuse, Or Molestation CAS5016-0420 - Additional Insured As Required By Written Contract - Mortgagee, Assignee, or Receiver CAS5017-0420 - Additional Insured As Required By Written Contract - Managers or Lessors of Premises CAS5018-0420 - Additional Insured- State or Governmental Agency or Subdivision or Political Subdivision Permits - Blanket
ADF9010-0321 - Notice of Terrorism Insurance Coverage
IL0021-0908 - Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL0985-1220 - Disclosure Pursuant to Terrorism Risk Insurance Act ADF9004-0110 - Signature Endorsement
ADF9009-0110 - U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders 939
940
941
IMPORTANT NOTICE:
1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus line” insurers.
2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers.
3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised.
4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus line” broker or contact the California Department of Insurance at the toll-free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC’s internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners—is the regulatory support organization created and governed by the chief insurance regulators in the United States.
5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet website:
https://naic.org/state_web_map.htm.
6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on 942
the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus line” broker to obtain more information about that insurer.
7. California maintains a “List of Approved Surplus Line Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov/01-consumers/120-company/07- lasli/lasli.cfm.
8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you.
D-2 (Effective January 1, 2020)
943
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
KINSALE INSURANCE COMPANY
2035 Maywill Street, Suite 100
Richmond, VA 23230
COMMERCIAL GENERAL LIABILITY DECLARATIONS
Policy Number: 0100362652-0
Producer Number: 12901
Name and Address: RSG Specialty, LLC - Bellevue, WA
2375 130th Avenue NE, Suite 200
Bellevue, WA 98005
NAMED INSURED: Harvest Realty LLC
MAILING ADDRESS: 12223 Highland Ave, Ste 106-580
Rancho Cucamonga, CA 91739
POLICY PERIOD: FROM 04/09/2025 TO 04/09/2026 at 12:01 AM at the address of the named insured as shown above.
LIMITS OF INSURANCE
Each Occurrence Limit $1,000,000 Any one occurrence
Damages to Premises Rented to You Limit $100,000 Any one premises Medical Expense Limit Excluded Any one person
Personal & Advertising Injury Limit $1,000,000 Any one person or organization General Aggregate Limit $2,000,000
Products / Completed Operations Aggregate Limit Excluded
DESCRIPTION OF BUSINESS
DESCRIPTION OF OPERATIONS: Real Estate Development Property - Excluding Construction BUSINESS TYPE: Limited Liability Co
CLASSIFICATION AND PREMIUM
CLASS CODE CLASS
DESCRIPTION
BASIS OF
PREMIUM
EXPOSURE RATE PREMIUM
47051.02 Real Estate
Development
Property (excluding
construction) -
Acreage
per Acre 7 11.4286 $80
Active Assailant Coverage $150
FLAT CHARGE TO EQUAL MINIMUM PREMIUM: $1,770
TOTAL PREMIUM (DEPOSIT PREMIUM): $2,000
COMPANY FEE: $250
TOTAL PAYABLE AT INCEPTION: $2,250
POLICY SUBJECT TO AUDIT: N AUDIT PERIOD: Not Applicable
ENDORSEMENTS
Refer to ADF4001, SCHEDULE OF FORMS
CAS1000 0521 Includes Material © ISO Properties, Inc., 2000 Page 1 of 2 944
THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY.
CAS1000 0521 Includes Material © ISO Properties, Inc., 2000 Page 2 of 2 945
ADF9013 0524 Page 1 of 1
NOTICE - WHERE TO REPORT A CLAIM
It is important that losses, claims, or incidents (if incident reporting is permitted under the Policy) are reported in writing and directly to the Claims Department at Kinsale Insurance Company. Reporting losses, claims, or incidents to an insurance agent or broker is not notice to the Kinsale Insurance Company Claims Department. Failure to report directly to Kinsale Insurance Company’s Claims Department may jeopardize coverage under the Policy. The Claims Department can be contacted easily and quickly by e-mail, online, fax, or U.S. mail.
By E-mail:
[email protected]
Online:
https://claims.kinsaleins.com
By FAX:
1-804-482-2762, Attention Claims Department
or
By Mail:
Claims Department
Kinsale Insurance Company
P. O. Box 17008
Richmond, Virginia 23226
Street Address:
Claims Department
Kinsale Insurance Company
2035 Maywill Street, Suite 100
Richmond, Virginia 23230
946
SCHEDULE OF FORMS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
CAS1000-0521 - Commercial General Liability Declarations ADF9013-0524 - Notice - Where to Report a Claim
ADF4001-0110 - Schedule of Forms
ADF0001-0221 - Active Assailant Coverage Endorsement
CG0001-0413 - Commercial General Liability Coverage Form ADF2000-0622 - Policy Amendment - Extrinsic Evidence
CAS2004-0110 - Deductible Endorsement
CAS2007-0222 - Common Conditions - Casualty
CAS2042-0418 - Limitation of Coverage A and Coverage C to Designated Location(s) or Project(s) or Event(s) CAS2044-0220 - Limitation of Coverage B to Designated Location(s) or Project(s) or Event(s) CG2104-1185 - Exclusion- Products/Completed Operations Hazard CG2139-1093 - Contractual Liability Limitation
ADF4002-0824 - Basis of Premium
CAS4018-1121 - Additional Policy Provisions - Premium
CAS4029-0721 - Amendment - Conditions - Premium Audit
ADF3003-0922 - Exclusion - Absolute Pollution and Pollution Related Liability ADF3010-0110 - Exclusion- Nuclear, Biological or Chemical Materials ADF3011-0115 - Exclusion of Other Acts of Terrorism Committed Outside the United States; Exclusion of Punitive Damages Related to a Certified Act of Terrorism; Cap on Losses from Certified Acts of Terrorism ADF3017-0622 - Exclusion - Biometric Information Privacy Laws CAS3009-0110 - Exclusion-Medical Payments
CAS3011-0220 - Exclusion - New Entities (Commercial General Liability) CAS3013-0110 - Exclusion-Subsidence
CAS3017-0110 - Exclusion- Absolute Auto, Aircraft and Watercraft CAS3040-0222 - Amended Exclusion - Employer's Liability CAS3043-0621 - Additional Policy Exclusions
CAS3045-0523 - Exclusion - Water Hazard
CAS3060-1120 - Exclusion - Injury to Independent Contractors CAS3086-1121 - Exclusion - Water Related Bodily Injury and Property Damage CAS3098-1120 - Exclusion - Named Insured vs. Named Insured CAS3105-0321 - Absolute Exclusion - Motorized Vehicles
CAS3108-0420 - Amended Exclusion - Recording and Distribution of Material or Information- General Liability CAS3111-1121 - Absolute Exclusion - Firearms
CAS3124-0616 - Exclusion - Violation of Statutes That Govern E-Mails, Fax, Phone Calls or Other Methods of Sending Material or Information
CAS3125-0623 - Exclusion - Fire or Fire-Related Injury or Damage CAS3140-0524 - Exclusion - Pathogen and Related Hazards CAS3145-0424 - Exclusion - Cancer
CAS3187-0921 - Absolute Exclusion - All Construction And Land Preparation CAS3199-0324 - Absolute Exclusion - Perfluoroalkyl And Polyfluoroalkyl Substances (PFAS) CAS3201-0322 - Exclusion - Assault, Battery, Abuse, Or Molestation CAS5016-0420 - Additional Insured As Required By Written Contract - Mortgagee, Assignee, or Receiver CAS5017-0420 - Additional Insured As Required By Written Contract - Managers or Lessors of Premises CAS5018-0420 - Additional Insured- State or Governmental Agency or Subdivision or Political Subdivision Permits - Blanket ADF9010-0321 - Notice of Terrorism Insurance Coverage
IL0021-0908 - Nuclear Energy Liability Exclusion Endorsement (Broad Form) ADF4001 0110 Page 1 of 2
947
IL0985-1220 - Disclosure Pursuant to Terrorism Risk Insurance Act ADF9004-0110 - Signature Endorsement
ADF9009-0110 - U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders ADF4001 0110 Page 2 of 2
948
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ACTIVE ASSAILANT COVERAGE ENDORSEMENT
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
SCHEDULE OF LIMITS - ACTIVE ASSAILANT COVERAGE
Active Assailant Aggregate Limit: $100,000
Each Incident Limit: $50,000
Each Victim Limit: $25,000
Deductible: $0
THE LIMITS OF INSURANCE SHOWN IN THE SCHEDULE ABOVE WILL BE REDUCED BY PAYMENT OF “INCIDENT LOSS” AND “THIRD PARTY LOSS”. PLEASE READ THE ENTIRE COVERAGE ENDORSEMENT CAREFULLY.
Various provisions in this Coverage Endorsement restrict coverage. Read the entire endorsement carefully to determine rights, duties and what is and is not covered.
Throughout this Coverage Endorsement (hereinafter may be referred to as “Active Assailant Coverage”), the words “you” and “your” refer to this Policy’s Named Insured(s) as described on the Policy Declarations. The words “we”, “us” and “our” refer to the Company providing this insurance. Other words and phrases that appear in quotations have special meaning.
Refer to VI. ACTIVE ASSAILANT COVERAGE DEFINITIONS.
In consideration of payment of the premium for this Coverage Endorsement, in reliance upon all statements made and information furnished to us, including the statements and information provided in the application and attachments and materials submitted with the application, which are made part of this Coverage Endorsement, and subject to the Schedule above, all terms and conditions for this Coverage Endorsement, as well as the terms and conditions of the Policy to which this Coverage Endorsement is attached, we agree with you as follows:
I. ACTIVE ASSAILANT COVERAGE
A. Insuring Agreement
1. To an “insured”, we will pay “incident loss”, in excess of any applicable Deductible shown in the Schedule Of Limits above, resulting from an “active assailant incident” to which this insurance applies.
2. To a “victimized person”, we will pay “third party loss” resulting from an “active assailant incident” to which this insurance applies.
3. This Active Assailant Coverage applies only if:
a. The “active assailant incident” first commences during the “coverage term”; b. The “active assailant incident” takes place at your premises and in the “coverage territory”; and c. The “active assailant incident” is reported to us in writing as soon as practicable, but in no event more than one year after the date such “active assailant incident” commenced. “Incident loss” must be incurred within three hundred eighty-five (385) days of the “active assailant incident”, provided however that any amounts under Paragraph a. of the definition of “incident loss” must be incurred within two years of the “active assailant incident”.
ADF0001 0221 Page 1 of 11
949
B. Defense
1. We will have the right and duty to defend the insured against any “suit” seeking damages resulting from an “active assailant incident” to which this insurance applies. However, we will have no duty to defend the insured against any “suit” seeking damages to which this insurance does not apply. We may, at our discretion, investigate any “active assailant incident” and settle any claim or “suit” that may result.
2. The amount we will pay under this Active Assailant Coverage is limited as described in Section III. ACTIVE ASSAILANT LIMITS OF INSURANCE AND DEDUCTIBLE of this Coverage Endorsement. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of “incident loss” or “third party loss” under this Coverage Endorsement. In such case, we shall have the right to withdraw from further defense, payment or settlement of any claim or “suit” by tendering control of such to you. You agree to accept such tender as a condition of this Coverage Endorsement.
II. ACTIVE ASSAILANT EXCLUSIONS
We will not pay any “incident loss” or “third party loss”:
A. Expected or Intended Injury
Arising directly or indirectly out of any injury or damage expected or intended from the standpoint of the insured.
This exclusion does not apply to injury or damage resulting from the use of reasonable force to defend or protect persons other than the perpetrator of the “active assailant incident”.
B. Laws
Arising out of any actual or alleged violation of any laws including:
1. Any workers’ compensation, disability benefits or unemployment compensation law, social security or similar law;
2. Employee Retirement Income Security Act of 1974 (ERISA) including any fiduciary liability or liability due to the administration of any employee benefit plan; the Fair Labor Standards Act; the National Labor Relations Reconciliation Act of 1938; the Consolidated Omnibus Budget Reconciliation Act of 1985; or the Occupational Safety and Health Act;
3. Any Medicare or Medicaid regulations;
4. Any Health Insurance Portability and Accountability Act (HIPAA) or Americans with Disabilities Act (ADA) rules, regulations or laws; or
5. Any rules or regulations promulgated under any of the foregoing, amendments thereto, or any similar provisions of any federal, state or local laws.
C. Robbery and Burglary
Arising directly or indirectly out of the use of or threat of violence or force to unlawfully obtain money, securities, or property.
D. Criminal Acts
Arising directly or indirectly out of any insured’s criminal act, fraudulent act, dishonest act, or intentional act, error or omission committed with knowledge of its wrongful nature.
E. Organized Crime
Arising out of any:
ADF0001 0221 Page 2 of 11
950
1. Involvement, whether knowingly or unknowingly, in any illegal trade, smuggling, or trafficking of:
a. Contraband;
b. Illicit goods or drugs;
c. Firearms, explosives, or other weaponry;
d. Animals or animal products; or
e. Human beings;
2. Organized crime syndicate or gang-related regional control disputes;
3. Retribution for failure to pay extortion money which you have not reported to law enforcement;
4. Persons injured or killed on your premises due to their involvement in organized crime or gang activity; or
5. Actual or alleged violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 USC Section 1961, or any other similar state, federal or municipal law, rule or regulation.
F. Cyber Attacks
Arising directly or indirectly out of any:
1. Malware, computer hacking or computer virus; or
2. Phishing, computer fraud, or telephone scam.
This exclusion will not act to bar coverage for an “active assailant incident” otherwise covered under this Coverage Endorsement solely because the chain of events leading up to and resulting in such “active assailant incident” includes a cyber attack.
G. Unrest and Riot
Arising directly or indirectly out of any riot, protest, strike or other social unrest.
This exclusion will not act to bar coverage for an “active assailant incident” otherwise covered under this Coverage Endorsement solely because the chain of events leading up to and resulting in such “active assailant incident” involves riot, protest, strike or other social unrest.
H. Law Enforcement Action
Any bodily injury to:
1. “Victimized persons”, bystanders, media personnel or “employees” arising out of actions taken by law enforcement during the “active assailant incident”; and
2. Any injury to any law enforcement officer or personnel.
I. Kidnapping and Hostage Ransom
Arising out of or involving any ransom monies, extortion, or other payment negotiated by you or law enforcement for the release of kidnapped persons or hostages.
J. Active Assailant Perpetrators
Any injury or damage to:
1. Any person(s) who participated in the perpetration of an “active assailant incident”; or
2. Any family member or the estate of any person(s) under 1. above.
This exclusion does not act to bar recovery by any family member or the estate of any “victimized persons” on behalf of such “victimized person”, where such family member or estate is also kin to an “active assailant incident” perpetrator(s).
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K. Other Coverage Form
Any injury or damage which is also covered under any other Coverage Form attached to this Policy.
L. Terrorism
Caused by or arising directly or indirectly out of a certified act of terrorism as designated by the United States of America Secretary of the Treasury in consultation with the Secretary of Homeland Security.
M. War
Caused by or arising directly or indirectly out of:
1. War, including undeclared or civil war;
2. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
3. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
N. Nuclear and Infectious Agents
Based upon, arising directly or indirectly out of, or in any way involving any:
1. Radioactive or nuclear materials;
2. Infectious agents or disease contaminated materials; or
3. An infected person or persons entering your premises with the intention of contaminating the premises or exposing other persons to illness or disease.
O. Ordinance or Law
Arising directly or indirectly out of the enforcement of any ordinance or law:
1. Regulating the construction, use or repair of any property; or
2. Requiring the tearing down of any property, including the cost of removing debris.
This exclusion applies whether the “incident loss” results from:
1. An ordinance or law that is enforced even if the property has not been damaged; or
2. The increased costs incurred to comply with an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property or removal of its debris following a physical loss to that property.
P. Property Condition
Arising directly or indirectly out of:
1. Wear and tear;
2. Rust or other corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; or
3. Nesting or infestation or discharge or release of waste products or secretions by insects, birds, rodents, or other animals.
Q. Damage to Property
To:
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1. Personal property owned by your officers, directors, “employees”, independent contractors, students working as part of a work-study program or internship, or any other third party;
2. Property loaned to you; or
3. Personal property in the care, custody or control of the insured.
III. ACTIVE ASSAILANT LIMITS OF INSURANCE AND DEDUCTIBLE A. The Limits shown in the Schedule Of Limits above and the rules below fix the most we will pay under this Coverage Endorsement, regardless of the number of:
1. Insureds;
2. Premises owned or occupied by you;
3. “Victimized persons”;
4. Perpetrators; or
5. Claims made or “suits” brought.
B. If an “active assailant incident” takes place over multiple “coverage terms”, the Limits of Insurance applicable when the “active assailant incident” first commenced will apply.
C. The Active Assailant Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all “incident loss” and “third party loss” arising out of all “active assailant incidents” commencing during the “coverage term”.
D. Subject to C. above, the Each Incident Limit is the most we will pay for the sum of all “incident loss” and “third party loss” arising out of any one “active assailant incident” commencing during the “coverage term”.
E. Subject to C. and D. above, the Each Victim Limit is the most we will pay per “victimized person” for all “third party loss” arising out of any one “active assailant incident”.
For the purposes of the Each Victim Limit, all members of the family or estate of a “victimized person” constitute the same “victimized person” and only one Each Victim Limit will apply to all “third party loss” for that “victimized person”. Provided that, if multiple members of one family, who are also members of the same household, sustain physical injury or death in one “active assailant incident”, each such “victimized person” will constitute separate “victimized persons” and the Each Victim Limit will apply separately to any “third party loss” sustained by each such “victimized person”.
F. “Incident loss” and “third party loss” will be paid in the order that such are received by us until the applicable Each Incident Limit, Each Victim Limit or Active Assailant Aggregate Limit is reached, at which time payment will cease.
G. If two or more policies, coverage parts or coverage endorsements issued by us or any of our affiliated companies apply to the same incident, claim, “suit, “incident loss” or “third party loss”, the most we will pay under all such policies, coverage parts or coverage endorsements is the Limit of Insurance of that policy, coverage part or coverage endorsement with the highest applicable Limit of Insurance. If the Limit of Insurance on each policy, coverage part or coverage endorsement is the same, only one limit will apply. This provision will not apply to any insurance policy, coverage part or coverage endorsement issued by us or an affiliated company to apply specifically as excess insurance over this Active Assailant Coverage.
The Limits of Insurance of this Coverage Endorsement apply separately to each “coverage term” and to any remaining period of less than 12 months, starting with the beginning of the “coverage term”, unless the “coverage term” is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
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H. We shall only be liable for those amounts payable as “incident loss” that are in excess of the applicable Deductible, if any, shown in the Schedule Of Limits above. Such Deductible applies to each “active assailant incident” and shall be paid by you. If we advance payment of all or part of the Deductible, you will reimburse us within thirty (30) days of our request for reimbursement. This Deductible amount reduces the Limit of Insurance payable under this Coverage Endorsement.
No deductible applies to payments for “third party loss”.
IV. WHO IS AN INSURED
For the purposes of this Active Assailant Coverage, the Who Is An Insured Section or Insured definition contained in the Policy to which this Coverage Endorsement is attached, and any insureds added by endorsement to this Policy, are incorporated into this Coverage Endorsement by reference.
V. ACTIVE ASSAILANT COVERAGE ADDITIONAL CONDITIONS
The Conditions Section of the Policy to which this Coverage Endorsement is attached is incorporated into this Coverage Endorsement by reference. The following Conditions are unique to this Active Assailant Coverage and supersede any conflicting Conditions provided in the Policy to which this Coverage Endorsement is attached.
A. Duties in the Event of an “Active Assailant Incident”:
1. If you experience an “active assailant incident” at your premises, you must:
a. Immediately notify law enforcement and cooperate with any hostage negotiation, lockdown, investigation or other law enforcement activity;
b. Initiate appropriate loss of life mitigation protocols, such as a lockdown or evacuation; and c. Account for employees, guests, students, clients, customers and any other on-premises personnel or visitors.
2. As soon as practicable, you must:
a. Notify us of the “active assailant incident” and provide copies of all documentation, law enforcement reports and any other incident records;
b. Provide copies of all receipts or invoices for any “incident loss”; c. Immediately notify us of any demands, notices, summonses or legal papers received in connection with any “suit”;
d. Authorize us to obtain records and other information; e. Cooperate with us in the investigation, settlement or defense of any incident, claim or “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 insurance may also apply.
3. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
B. Business Income Valuation
1. In calculating your “loss of business income”, we will take into consideration:
a. The net income of your business before the “active assailant incident” occurred; and b. The likely net income of your business if no “active assailant incident” had occurred.
2. If you could have reduced the total “loss of business income” resulting from the “active assailant incident” by:
a. A complete or partial resumption of your operations; b. Making use of merchandise, stock, or other property at your premises or elsewhere; or c. Using or increasing operations elsewhere;
we will take such possible reduction of loss into account when calculating the amount of loss we will pay.
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3. You agree to provide us with an 18-month profit and loss statement for the period immediately preceding the “active assailant incident” resulting in the “loss of business income” claimed under this Coverage Endorsement and any other documentation required by us or our authorized representative to calculate such loss. You must also permit us or our authorized representative to examine your books and records at any reasonable time and location as we choose and you must, if we require you to, submit to an examination under oath at such time as may be required, and sign a copy of the examination.
4. If we and you do not agree on the amount of your “loss of business income”, either party may make a written demand for an appraisal of such loss. If such demand is made, each party will select a competent and disinterested appraiser. The appraisers will then jointly select an umpire. If the appraisers cannot agree on an umpire, they may request that such selection be made by a judge of a court having jurisdiction. Each appraiser will separately state the amount of “loss of business income”. If the appraisers do not agree on the amount of the “loss of business income”, they will submit their differences to the umpire. Agreement by the umpire and at least one of the appraisers regarding the amount of the “loss of business income” will be binding on you and us. Each party will pay their respective chosen appraiser and will equally share the costs of the umpire.
C. Loss Payees
In the event there is a specified lender loss payee or mortgagee with an interest in “covered property”, we will adjust losses with you and pay any claim for damage to such “covered property” jointly to you and such lender loss payee or mortgagee, as interests may appear.
D. Salvage and Abandonment
All salvage, recoveries and payments recovered or received subsequent to a payment under this Coverage Endorsement will be for our benefit. You agree not to abandon salvage or any other property to us.
E. Inspection
We shall be permitted, but not obligated, to inspect your premises at any time. Neither our right to make inspections, the conduct of any inspection, nor any inspection constitute an undertaking, on behalf of or for the benefit of the Insured or others, to determine or warrant that such premise is safe from an “active assailant incident”. We will have no liability to the Insured or any other person because of any inspection, survey or failure to inspect or survey.
F. Other Insurance
If other valid and collectible insurance is available to the insured for “incident loss” or to a “victimized person” for “third party loss” we cover under this Active Assailant Coverage, the coverage provided and applicable Limits of Insurance under this Coverage Endorsement will be excess over any other valid insurance, whether such insurance is considered contributory, excess, primary or otherwise, unless such insurance specifically applies in excess of this Coverage Endorsement.
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”.
VI. ACTIVE ASSAILANT COVERAGE DEFINITIONS
A. “Active assailant incident” means:
1. The entry of one or more persons on your premises with the intent to commit an act of violence resulting in death, dismemberment, or other permanent or severe injury against more than one person and:
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a. At least one “victimized person” is unknown to the perpetrator(s); b. At least one “victimized person” is not specifically targeted for injury or assassination; c. “Victimized persons” are attacked indiscriminately or en masse; or d. The perpetrator targeted “victimized persons” on the basis of race, gender, nationality, sexual orientation, religious affiliation, age or protected class; and
2. Caused injury to “victimized persons” using:
a. Firearms, crossbows or other projectile weapons;
b. Explosives, bombs, improvised incendiary devices, mines, or other detonated devices intended to cause burning or fragmentation injuries;
c. Vehicles intentionally driven into area(s) presently or usually occupied by persons; d. Gasses, aerosolized intoxicants or other suffocation-inducing agents; e. Poisons, acids or other corrosive or caustic substances, toxic materials, or biological agents causing immediate illness or injury; or
f. Knives, swords, weaponized power tools, hammers, medical instruments or other devices intended to cause blunt force, stabbing, or slashing injuries.
B. “Coverage term” means the policy period shown on the Declarations page of the Policy to which this Coverage Endorsement is attached, unless this Coverage Endorsement provides different effective or termination date(s). In which case, “coverage term” shall mean those dates specific to this Coverage Endorsement.
C. “Covered property” means:
1. Your premises to which this Active Assailant Coverage applies and business personal property, provided such property is:
a. Located on or at your premises; and
b. Owned by you, including your interest in “tenant improvements and betterments” if you are a tenant at your premises.
2. Subject to the foregoing and unless otherwise excluded in this Coverage Endorsement or the Policy to which this Coverage Endorsement is attached, “covered property” includes:
a. Buildings or structures, including:
(1) Completed additions;
(2) Fixtures, including outdoor fixtures;
(3) Permanently installed:
(a) Machinery;
(b) Equipment; and
(c) Heating boilers;
b. Business personal property, including:
(1) Furniture;
(2) Machinery and equipment;
(3) Finished stock and tools of your trade; and
(4) All other personal property owned by you and used in your business.
3. “Covered property” does not include:
a. Accounts, bills, currency, checks, coins, food stamps or other evidences of debt, money, notes, or securities;
b. Land or land values;
c. Aircraft, watercraft, or vehicles, all whether motorized or self-propelled; d. Animals, plants or living things of any type;
e. Furs, fur garments, and garments trimmed with fur;
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f. The cost to replace or restore the information on valuable papers and records, including those that exist as electronic data. Valuable papers and records include, but are not limited to, proprietary information, books of account, deeds, manuscripts, abstracts, drawings and card index systems; g. Electronic data;
h. Jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals;
i. Fine arts and antiques; or
j. Personal property of others, including but not limited to personal property of any officer, director, “employee”, independent contractor, student working as part of a work-study program or internship, or any other third party.
D. “Employee” means any person employed by you and includes leased, temporary and seasonal workers. “Employee” does not include students working as part of a work-study program or internship.
E. “Funeral expenses” means:
Up to $10,000 per “victimized person” for the cost of:
1. Any handling or preparation of human remains in accordance with any local health regulations and religious rites;
2. Any casket, tomb, urn or other legally permissible memorial containment of human remains;
3. Cremation fees;
4. A burial plot or crypt slot and corresponding marker or gravestone;
5. Repatriation expenses associated with returning human remains to the state or nation of the “victimized person’s” origin;
6. An obituary or death notice publication in a local or hometown newspaper; and
7. Memorial service fees, including:
a. The cost of hiring or tithing to any religious officials for the purposes of conducting the funeral or memorial;
b. The costs associated with a viewing or memorial service at a funeral home, religious building or other legally permitted area; and
c. The costs associated with live streaming or video casting memorial services over the internet.
F. “Incident loss” means:
1. Defense costs, judgments, and settlements relating to a claim or “suit” brought against you by any nonemployee “victimized person” as a result of your alleged liability for injuries or failure to prevent or mitigate the effects of the “active assailant incident”;
2. “Employee” group counseling expenses for sixty (60) days following and an additional ten (10) days on the anniversary of the “active assailant incident”;
3. “Public relations expenses”;
4. “Security expenses”;
5. “Property remediation expenses”; and
6. Your “loss of business income” while your premises are closed for investigation and cleaning, repair, renovation or relocation.
G. “Loss of business income” means actual loss of your net profit during the “period of restoration” resulting directly from an “active assailant incident”.
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H. “Lost wages” means the income a non-employee “victimized person” would have made in the thirty (30) days immediately following the “active assailant incident” had the incident not occurred, based on an average of the previous ninety (90) days of such person’s wages or salary, up to a maximum of $3,750 per non-employee “victimized person”.
“Lost wages” does not include potential income that may have been received from overtime hours, on-call pay, or similar types of compensation. “Lost wages” also does not include compensation for paid sick leave, short-term disability days, long-term disability days or family leave that was used as a result of the “active assailant incident”.
I. “Medical expense” means reasonable and necessary costs for a non-employee “victimized person” associated with:
1. The immediate first aid and medical intervention, including ambulance or medevac expenses and fees;
2. Surgeries, diagnostic testing, and hospital care;
3. Follow-up and recurring care following release from a hospital or on-site discharge;
4. Dental services;
5. Prosthetics, physical rehabilitation or physical therapy;
6. Thirty (30) days of in-home nursing and in-home assistance provided by:
a. A professional nurse staffing or home care firm; or
b. A family member of the non-employee “victimized person”, provided that such family member is otherwise employed and would be working outside of the home if such person was not providing in-home care to the non-employee “victimized person” as a result of the “active assailant incident”, subject to a maximum of $2,500 per “victimized person”, calculated using the average wage or salary of the family member caregiver in the ninety (90) days immediately preceding the “victimized person’s” discharge from a hospital; and
7. Up to ninety (90) days of personal counseling, therapy, inpatient or outpatient mental health services or other psychiatric care immediately following the “active assailant incident”, with an additional ten (10) days of such care within the two weeks leading up to and immediately following the one-year anniversary of the “active assailant incident”.
J. “Period of restoration” means the time period beginning on the date and time when the “active assailant incident” first commences and ending on the earlier of:
1. The date the Named Insured can restore operations at the scheduled location where the “active assailant incident” occurred to the condition that would have existed had the “active assailant incident” not occurred;
2. The date the Named Insured resumes operations at a new permanent location; or
3. Thirty (30) consecutive days after the “active assailant incident” first commenced.
K. “Property remediation expense” means those costs associated with:
1. Hiring a crime scene cleanup or biohazard sanitation contractor to clean your premises, including the costs associated with stain removal and air quality remediation;
2. Necessary and reasonable expenses to repair or replace damaged “covered property”; and
3. Necessary and reasonable expenses to renovate the incident area, including renovations to convert the incident area to an alternative use or memorial; or
4. Necessary and reasonable expenses incurred to relocate operations to a new premises, whether temporarily or permanently.
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“Property remediation expense” does not include demolition or demolition cleanup expenses, unless such demolition is carried out as part of renovation under 3. above.
L. “Public relations expense” means those costs associated with:
1. Necessary and reasonable expenses to contract with an incident response or crisis management coordinator or team; and
2. The hiring of a public relations firm to assist with the preparation of written and oral statements, coordinate with press media, and protect or rehabilitate the insured’s public image.
M. “Security expense” means those costs associated with:
1. Hiring or contracting additional security personnel to:
a. Guard the premises twenty-four (24) hours a day;
b. Protect on-site personnel; and
c. Perform memorial crowd control;
for thirty (30) days following the “active assailant incident” and for an additional seven (7) days within the week leading up to and immediately following the one-year anniversary of the “active assailant incident”;
2. Contracting a security consulting firm to evaluate your premises and operations for security vulnerabilities; and
3. Necessary and reasonable costs to install or retrofit recommended security measures to your premise.
N. “Tenants improvements and betterments” means fixtures, alterations, installations, or additions you:
1. Make to a part of a building you occupy but do not own; and
2. Acquire or make at your expense but cannot legally remove.
O. “Third party loss” means:
1. “Medical expenses” and “lost wages” for a non-employee “victimized person”; and
2. “Funeral expenses” for any “victimized person”.
P. “Victimized person” means:
1. Any person who directly sustained physical injury or dismemberment in an “active assailant incident”;
2. Any person directly killed in an “active assailant incident” as well as:
a. Their immediate family; or
b. Their legal estate;
but only as related to their deceased relation’s status as a “victimized person”;
3. Any person who directly witnessed the death, dismemberment, or serious physical injury of another “victimized person” in the “active assailant incident”; or
4. Any person held as a hostage under threat of violence in an “active assailant incident”.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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COMMERCIAL GENERAL LIABILITY
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CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words "we",
"us" and "our" refer to the company providing this
insurance.
The word "insured" means any person or organization
qualifying as such under Section II – Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.
SECTION I – COVERAGES
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. 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. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under
Paragraph 1. of Section II – Who Is An Insured
or any "employee" authorized by you to give or
receive notice of an "occurrence" or claim,
includes any continuation, change or
resumption of that "bodily injury" or "property
damage" after the end of the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II – Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other
insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
e. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
960
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. 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 a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contract",
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(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 attorneys' fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are
alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) 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 Paragraph (1), (2) or (3)
above.
However, 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.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
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".
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CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional insured
at that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any
insured, other than that additional
insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the
handling, storage, disposal, processing
or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for whom
you may be legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the "pollutants"
are brought on or to the premises, site
or location in connection with such
operations by such insured, contractor
or subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape from
a vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or
release of the fuels, lubricants or
other operating fluids, or if such
fuels, lubricants or other operating
fluids are brought on or to the
premises, site or location with the
intent that they be discharged,
dispersed or released as part of the
operations being performed by such
insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the operations
are to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants".
962
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a
governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage"
involved the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft that is owned or operated by or
rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance or
use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising
out of:
(a) The 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 where it is
licensed or principally garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2) or
f.(3) of the definition of "mobile
equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement,
restoration or maintenance of such property
for any reason, including prevention of
injury to a person or damage to another's
property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
963
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the "property damage" arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (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 "productscompleted operations hazard". k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "productscompleted 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.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.
However, this exclusion does not apply to
liability for 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, CDROMs, tapes, drives, cells, data processing devices or any other media which are used
with electronically controlled equipment.
q. 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
964
(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.
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or
temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III – Limits Of
Insurance.
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. 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. We will have the
right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for
"personal and advertising injury" to which this
insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense arising
out of your business but only if the offense was
committed in the "coverage territory" during the
policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" 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".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the
insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material whose first publication took place
before the beginning of the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" 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.
f. Breach Of Contract
"Personal and advertising injury" arising out of
a breach of contract, except an implied
contract to use another's advertising idea in
your "advertisement".
g. Quality Or Performance Of Goods – Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services stated in your
"advertisement".
965
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
"Personal and advertising injury" arising out of
the infringement of copyright, patent,
trademark, trade secret or other intellectual
property rights. Under this exclusion, such
other intellectual property rights do not include
the use of another's advertising idea in your
"advertisement".
However, this exclusion does not apply to
infringement, in your "advertisement", of
copyright, trade dress or slogan.
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions
section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" 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.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to, or assessing the effects of,
"pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(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.
966
COVERAGE C – MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the
"coverage territory" and during the policy
period;
(b) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(c) The 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. These payments will not exceed the
applicable limit of insurance. 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
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a
workers' compensation or disability benefits
law or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies. We
do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. 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 $250 a
day because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. 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
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
967
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment
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 insurance.
These payments will not reduce the limits of
insurance.
2. 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:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. 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";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. 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
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I – Coverage A – Bodily Injury
And Property Damage Liability, such payments will
not be deemed to be damages for "bodily injury"
and "property damage" and will not reduce the
limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when we have used up the applicable limit of
insurance in the payment of judgments or
settlements or the conditions set forth above, or
the terms of the agreement described in
Paragraph f. above, are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
968
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business,
or your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or limited
liability company) or your managers (if you are
a limited liability company), but only for acts
within the scope of their employment by you or
while performing duties related to the conduct
of your business. However, none of these
"employees" or "volunteer workers" are
insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co-"employee"
while in the course of his or her
employment or performing duties related
to the conduct of your business, or to
your other "volunteer workers" while
performing duties related to the conduct
of your business;
(b) To the spouse, child, parent, brother or
sister of that co-"employee" or
"volunteer worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(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 Coverage Part.
3. 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 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
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 INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard"; and
c. Damages under Coverage B.
969
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16
3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products-completed
operations hazard".
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because of
"bodily injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant's legal representative.
970
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other
insurance by the method described in
Paragraph c. below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily
occupied by you with permission of
the owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily
occupied by you with permission of
the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the extent not
subject to Exclusion g. of Section I –
Coverage A – Bodily Injury And
Property Damage Liability.
(b) Any other primary insurance available to
you covering liability for damages
arising out of the premises or
operations, or the products and
completed operations, for which you
have been added as an additional
insured.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer
defends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and selfinsured amounts under all that other insurance.
(4) We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage
Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and audit
premiums paid for the policy period is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
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CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The
insured must do nothing after loss to impair them.
At our request, the insured will bring "suit" or
transfer those rights to us and help us enforce
them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V – DEFINITIONS
1. "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. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web
site that is about your goods, products or
services for the purposes of attracting
customers or supporters is considered an
advertisement.
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.
4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication;
provided the insured's responsibility to pay
damages is determined in a "suit" on the merits, in
the territory described in Paragraph a. above or in
a settlement we agree to.
5. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
6. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.
7. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling the
terms of the contract or agreement.
972
9. "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
(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 (2) above and supervisory, inspection,
architectural or engineering activities.
10. "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".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
12. "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;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
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CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "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.
However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law 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".
13. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
14. "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. The 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. The use of another's advertising idea in your
"advertisement"; or
g. Infringing upon another's copyright, trade dress
or slogan in your "advertisement".
15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
16. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product" or
"your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than one
job site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or in
a policy Schedule, states that productscompleted operations are subject to the General Aggregate Limit.
17. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the
"occurrence" that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
974
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, CDROMs, tapes, drives, cells, data processing devices or any other media which are used with
electronically controlled equipment.
18. "Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this
insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
19. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or shortterm workload conditions.
20. "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.
21. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
22. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
work"; and
(2) The providing of or failure to provide
warnings or instructions.
975
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY AMENDMENT - EXTRINSIC EVIDENCE
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance under the following:
ALL COVERAGE FORMS
Notwithstanding any provision of this Policy to the contrary, all Insuring Agreements in all Coverage Forms, Coverage Sections, Coverage Parts, or endorsements included in this Policy are amended by adding the following:
Our right and duty to defend or indemnify the insured against any claim or suit will be determined by review of the facts and allegations pleaded and the terms of this Policy, and we may look to and consider extrinsic evidence outside of the allegations, facts pleaded, or any combination thereof by any claimant to determine whether we owe a duty to defend or indemnify against any such claim or suit.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ADF2000 0622 Page 1 of 1
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE ENDORSEMENT
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
SCHEDULE
COVERAGE AMOUNT AND BASIS OF
DEDUCTIBLE - PER CLAIM
AMOUNT AND BASIS OF
DEDUCTIBLE - PER
OCCURRENCE
Bodily Injury Liability
OR
Property Damage Liability
OR
Personal & Advertising Injury
OR
Bodily Injury Liability and/or Property Damage
Liability and/or Personal & Advertising Injury
Liability, combined
$1,000
APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury", “property damage" or “personal and advertising injury” however caused):
A. Our obligation under the Bodily Injury Liability, Property Damage Liability, Personal and Advertising Injury, or any other coverages provided by this policy to pay damages on your behalf, applies only to the amount of damages in excess of any deductible amount(s) stated in the Schedule above as applicable to such coverages. The deductible amount(s) stated above will include all loss payments, adjusting, investigative and legal fees and costs and all other direct costs related to the investigation, defense and settlement of a claim or suit, regardless of whether or not any loss payment is made.
B. We may select a deductible amount on either a per claim or a per "occurrence" basis. Our selected deductible applies to the Coverage and to the Basis of the Deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows:
1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis, that deductible applies as follows:
a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of "property damage";
c. Under Personal and Advertising Injury Liability, to all damages sustained by any one person or organization because of “personal and advertising injury liability”; or d. Under Bodily Injury Liability and/or Property Damage Liability Coverage and/or Personal and Advertising Injury Liability, combined, to all damages, injury and medical expenses sustained by any one person or organization as the result of any one “occurrence” or offense.
CAS2004 0110 Page 1 of 2
977
If damages are claimed for care, loss of services or death resulting at any time from "bodily injury", a separate deductible amount will be applied to each person making a claim for such damages.
With respect to "property damage", person includes an organization.
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per “occurrence” basis, that deductible applies as follows:
a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages because of "property damage"; c. Under Personal and Advertising Injury Liability, to all damages because of “personal and advertising injury liability”; or
d. Under Bodily Injury Liability and/or Property Damage Liability Coverage and/or Personal and Advertising Injury Liability, combined, to all damages, injury and medical expenses as the result of any one “occurrence” or offense, regardless of the number of persons or organizations who sustain damages because of that “occurrence” or “offense”.
C. The terms of this insurance, including those with respect to:
1. Our right and duty to defend the insured against any "suits" seeking those damages; and
2. Your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount.
D. We may pay any part or the entire deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS2004 0110 Page 2 of 2
978
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMON CONDITIONS - CASUALTY
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
LIQUOR LIABILITY COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
This insurance is amended by adding the following provisions:
CANCELLATION
a. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation.
b. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
(1) Ten (10) days before the effective date of cancellation if we cancel for non-payment of premium; or (2) Thirty (30) days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured’s last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice.
d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this Policy is cancelled, we will send the first Named Insured any refund due subject to the minimum earned premium provisions of the Policy. If we cancel for reasons other than non-payment of premium, the refund will be pro rata. If we cancel due to non-payment of premium or if the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.
NON-RENEWAL—the When We Do Not Renew Condition of the Policy is deleted and replaced with the following:
a. If we elect not to renew this Policy, we shall mail written notice to the first Named Insured at the address shown in the Declarations. Such written notice of non-renewal shall be mailed at least thirty (30) days prior to the end of the policy period.
b. If notice is mailed, proof of mailing will be sufficient proof of notice.
CHANGES
This Policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy.
CAS2007 0222 Page 1 of 4
979
TERMS, CONDITIONS AND PREMIUMS
The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. On each renewal, continuation or anniversary of the effective date of the Policy or on an annual basis, the Company will determine the rate and premium and may amend the terms and conditions of the Policy in accordance with the rates and rules then in effect.
EXAMINATION OF YOUR BOOKS AND RECORDS
We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward.
TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY
Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured.
If you die, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties, but only with respect to that property.
SERVICE OF SUIT AND JURISDICTION
In the event of the failure of the Company to pay any amount claimed to be due under this Policy, the Company will submit to the jurisdiction of any United States federal court of competent jurisdiction within the United States of America or any court of competent jurisdiction in Canada. In the event there is no United States federal court of competent jurisdiction, the Company will submit to the jurisdiction of any other court of competent jurisdiction within the United States of America. All matters arising under this Policy shall be determined in accordance with the choice of law rules of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company’s rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or 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.
Service of process in any such suit may be made upon the President and Chief Executive Officer of the Company or his designee at the address shown on the Declarations of this Policy. In any suit instituted upon this contract and against the President and Chief Executive Officer of the Company or his designee, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The President and Chief Executive Officer of the Company or his designee are authorized and directed to accept service of process.
Pursuant to any statute of any state, territory or district of the United States of America, the Company designates the Superintendent, Commissioner or Director of Insurance or other officer specified for the purpose in the statute, or his successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary under this Policy arising out of this contract of insurance. The Company designates the above-named as the person to whom said officer is authorized to mail such process or a true copy of such process.
To the extent this Service of Suit and Jurisdiction provision conflicts with applicable state law, it is hereby amended to comply with said law but only to the extent necessary to bring it within in the applicable law.
BINDING ARBITRATION
All disputes under this Policy shall be subject to binding arbitration as follows:
a. All disputes over coverage or any rights afforded under this Policy, including whether an entity or person is a Named Insured, an insured, an additional insured, or entitled to coverage under the Supplementary Payments provisions of this Policy or the effect of any applicable statutes or common law upon the contractual obligations CAS2007 0222 Page 2 of 4
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owed, shall be submitted to binding arbitration, which shall be the sole and exclusive means to resolve the dispute.
Either party may initiate the binding arbitration.
The arbitration forum and process shall be agreed to by the parties. In the event the parties cannot agree on an arbitration forum and process, the matter shall be submitted to the American Arbitration Association. The arbitration shall be before a panel of three arbitrators, unless the parties agree to one arbitrator, all of whom shall have experience in insurance coverage of the type afforded by this Policy. If the parties select a panel of three arbitrators, each party shall select an arbitrator and the chosen arbitrators shall select a third arbitrator. The American Arbitration Association shall decide any disputes concerning the selection of the Arbitrators. The potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the American Arbitration Association. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and arbitration process. In the event of a single arbitrator, the cost shall be shared equally by the parties. The decision of the arbitration is final and binding on the parties. b. All disputes regarding payment(s) owed under this Policy for any deductible or premium, including but not limited to any audit premium, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the AAA Expedited Procedures. This arbitration shall be the sole and exclusive means to resolve the dispute. Either party may initiate the binding arbitration.
Each party will provide relevant documents in support of its position. In order to eliminate undue burden and expense, there shall be no other discovery allowed. The arbitration will be based solely on the documents submitted by the parties and there shall be no in-person or oral hearing. The disputes shall be decided by a single arbitrator. The arbitrator’s decision shall be accompanied by a reasoned opinion and shall be binding upon all parties. Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such judgment or award. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s fee and any administrative fees associated with the arbitration.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
This Policy is amended by deleting the Transfer Of Rights Of Recovery Against Others To Us Condition and replacing it with the following:
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another, those rights are transferred to us. That person or organization must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them.
This Policy is amended by deleting the Legal Action Against Us Condition and replacing it with the following:
LEGAL ACTION AGAINST US
No one may bring a legal action against us under this Policy unless there has been full compliance with all of the terms of this Policy. No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless it is commenced within twelve (12) months next after discovery by the insured of the occurrence which gives rise to the claim, provided however, that if by the laws of the state within which this Policy is issued, such limitation is invalid then any such claims shall be void unless such action, suit or proceeding is commenced within the shortest limit of time permitted by the laws of such state. We will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Insurance.
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This Policy is amended by deleting the Separation Of Insureds Condition and replacing it with the following:
SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or “suits” is brought.
If the particular provision in this Policy uses the words “any insured” or “an insured”, however, this provision will not apply.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATION OF COVERAGE A AND COVERAGE C TO DESIGNATED LOCATION(S) OR
PROJECT(S) OR EVENT(S)
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
SCHEDULE
Designated Location(s) or
Project(s) or Event(s):
1 11351 Chamberlaine Way, Adelanto, CA 92301
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this policy)
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 1.b. (1) is deleted and replaced with the following:
b. This insurance applies to “bodily injury” or “property damage” only if:
(1) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place at a Designated Location or Project or Event identified in the Schedule above, and the “bodily injury” or “property damage” also takes place at a Designated Location or Project or Event;
If included in this policy, SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, 1.a. is deleted and replaced with the following:
a. We will pay medical expenses as described below for “bodily injury” only if the “bodily injury” is caused by an accident that takes place at a Designated Location or Project or Event identified in the Schedule above; provided that:
(1) The accident takes place during the policy period;
(2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination at our expense, by physicians of our choice as often as we reasonably require.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITATION OF COVERAGE B TO DESIGNATED LOCATION(S) OR PROJECT(S) OR
EVENT(S)
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
SCHEDULE
Designated Location(s) or
Project(s) or Event(s):
1 11351 Chamberlaine Way, Adelanto, CA 92301
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this policy)
SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 1.b. is deleted and replaced with the following:
b. For offenses 14. a. or c. of “personal and advertising injury”, this insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed at a Designated Location or Project or Event identified in the Schedule above during the policy period.
For offenses 14. b., d., e., f. or g. of “personal and advertising injury”, this insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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984
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - PRODUCTS-COMPLETED OPERATIONS
HAZARD
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard".
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CG 21 04 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 985
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTUAL LIABILITY LIMITATION
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The definition of "insured contract" in the DEFINITIONS Section is replaced by the following:
"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.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CG2139 1093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 986
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BASIS OF PREMIUM
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
The basis used for determining the premium charge for each classification is indicated in the Classification and Premium Section of the Declarations. The definition of each Basis of Premium is as follows:
A. Acres
The total amount of acreage at the insured premises.
The rates apply per acre.
B. Admissions
The total number of persons, other than employees of the Named Insured, admitted to the event insured or to events conducted on the premises whether on paid admissions, tickets, complimentary tickets, or passes.
The rates apply per 1,000 admissions.
C. Area
The total number of square feet of floor space at the insured premises, computed as follows:
1. For entire buildings, by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors, including basements but do not use the area of the following:
a. Courts and mezzanine types of floor openings.
b. Portions of basements or floors where 50% or more of the area is used for shop or storage for building maintenance, dwelling by building maintenance employees, heating units, power plants, or airconditioning equipment.
2. For tenants, determine the area they occupy in the same manner as for entire buildings.
3. The rates apply per 1,000 square feet of area.
D. Each
This basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the classification footnotes, such as "per person".
E. Flat Charge
A fixed non-variable amount.
F. Gross Domestic Sales
1. Definition
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The Named Insured's total amount of sales, without any adjustment for expenses and utilizing the accrual basis accounting method, inclusive of sales from concessionaires of the named insured and others trading under the insured's name for:
a. All goods or products, sold or distributed in the United States; b. Grant revenue arising out of operations within the United States; c. Royalties arising out of operations within the United States, unless otherwise noted in Paragraph 3.e. below;
d. Operations performed during the policy period in the United States; e. Rentals within the United States; and
f. Dues or fees arising out of operations within the United States.
2. Inclusions
The following items shall be included when determining gross domestic sales:
a. Freight allowance to customers;
b. Per diem or travel reimbursement;
c. Total sales of consigned goods and warehouse receipts; d. Pass-through sales;
e. Discounts of any kind, unless otherwise noted in Paragraph 3. below; f. Income from reimbursable expenses;
g. Bad debts;
h. Repossession of items sold on installments (amount actually collected); i. To the extent that coverage is provided by this Policy, foreign sales; j. Sales attributable to business activities with other companies or individuals that have provided evidence of their own insurance; and
k. Rebates paid.
3. Exclusions
The following items shall be deducted when determining gross domestic sales:
a. Sales or excise taxes which are collected and submitted to a governmental division; b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods; c. Finance charges for items sold on installments;
d. Freight charges on sales if freight is charged as a separate item on customer's invoice; e. Royalty income from patent rights or copyrights which are not product sales; f. Rental receipts for products liability coverage only; g. Intercompany sales between companies included on this Policy as Named insureds; h. Sales derived from work performed under a "wrap-up" insurance program or Owner Controlled or Contractor Controlled Insurance Programs (OCIP or CCIP); and i. Rebates received.
4. Application
The rates apply per $1,000 of Gross Domestic Sales.
G. Gross Sales
1. Definition
The Named Insured's total amount of sales, without any adjustment for expenses and utilizing the accrual basis accounting method, inclusive of sales from concessionaires of the Named Insured and others trading under the insured's name, for:
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a. All goods or products, sold or distributed;
b. Operations performed during the policy period;
c. Grant revenue;
d. Royalties, unless otherwise noted in Paragraph 3.e. below; e. Rentals; and
f. Dues or fees.
2. Inclusions
The following items shall be included when determining gross sales:
a. Freight allowance to customers;
b. Per diem or travel reimbursement;
c. Total sales of consigned goods and warehouse receipts; d. Pass-through sales;
e. Discounts of any kind, unless otherwise noted in Paragraph 3. below; f. Income from reimbursable expenses;
g. Bad debts;
h. Repossession of items sold on installments (amount actually collected); i. To the extent that coverage is provided by this Policy, foreign sales; j. Sales attributable to business activities with other companies or individuals that have provided evidence of their own insurance; and
k. Rebates paid.
3. Exclusions
The following items shall be deducted when determining gross sales:
a. Sales or excise taxes which are collected and submitted to a governmental division; b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods; c. Finance charges for items sold on installments;
d. Freight charges on sales if freight is charged as a separate item on customer's invoice; e. Royalty income from patent rights or copyrights which are not product sales; f. Rental receipts for products liability coverage only; g. Intercompany sales between companies included on this Policy as Named Insureds; h. Sales derived from work performed under a "wrap-up" insurance program or Owner Controlled or Contractor Controlled Insurance Program (OCIP or CCIP); and i. Rebates received.
4. Application
The rates apply per $1,000 of Gross Sales.
H. Net Sales
Net Sales means Gross Sales as defined in Paragraph G.1. above, including all defined inclusions and exclusions in Paragraphs G.2. and G.3. above, minus the expense attributable to the costs of the goods sold or distributed by the Named Insured. Expenses attributable to the costs of the goods sold shall include the cost of the materials used in creating the goods and the direct labor costs used in producing the goods.
The rates apply per $1,000 of Net Sales.
I. Payroll
1. Definition
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a. Payroll means remuneration.
b. Remuneration means money or substitutes for money.
2. Inclusions
Payroll includes the following items:
a. Commissions;
b. Bonuses;
c. Extra pay for overtime work, except as provided in Paragraph I.4.; d. Pay for holidays, vacations, or periods of sickness; e. Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans, such as the Federal Social Security Act; f. Payment to employees on any basis other than time worked, such as piecework, profit sharing, or incentive plans;
g. Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured;
h. The rental value of an apartment or a house provided for an employee based on comparable accommodations;
i. The value of lodging, other than an apartment or house, received by employees as part of their pay, to the extent shown in the insured's records;
j. The value of meals received by employees as part of their pay to the extent shown in the insured's records;
k. The value of store certificates, merchandise, credits, or any other substitute for money received by employees as part of their pay;
l. The payroll of mobile equipment operators and their helpers, whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known, use 1/3 of the total amount paid out by the insured for the hire of the equipment; m. The payroll of executive officers of a corporation and individual insureds and co-partners. For the purposes of payroll determination, managers of limited liability companies shall be considered executive officers and members of limited liability companies shall be considered co-partners; (1) The executive officers of a corporation are those persons holding any of the officer positions created by the Named Insured's charter, constitution or by-laws or any other similar governing document. (2) The payroll of all executive officers of a corporation and individual insureds or co-partners engaged principally in clerical operations or as salespersons, and officers and co-partners who are inactive for the entire policy period, shall not be included for premium purposes. (3) For part-time or seasonal businesses the payroll amounts may be reduced by 2 percent for each full calendar week in excess of twelve during which the risk performs no operations. n. The payroll of leased workers furnished to the Named Insured by a labor leasing firm. (1) Premium on such payroll shall be based on the classifications and rates that would have applied if the leased workers had been the direct employees of the Named Insured. If payroll is unavailable, use 100% of the total cost of the contract for leased workers as the payroll of leased workers. The premium shall be charged on that amount as payroll.
(2) If investigation of a specific employee leasing contract discloses that a definite amount of the contract price represents payroll, such amount shall be considered payroll for premium computation purposes.
o. Fees paid to employment agencies for temporary personnel provided to the insured.
3. Exclusions
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a. Tips and other gratuities received by employees;
b. Payments by an employer to group insurance or group pension plans for employees, other than payments covered by Paragraph I.2.e.;
c. The value of special rewards for individual invention or discovery; d. Dismissal or severance payments except for time worked or accrued vacation; e. The payroll of clerical office employees;
(1) Clerical office employees are those employees who work in an area which is physically separated by walls, floors, or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured's books or records or conducting correspondence, including any other employees engaged in clerical work in the same area.
f. The payroll of salespersons, collectors, or messengers who work principally away from the insured's premises;
(1) Salespersons, collectors, or messengers are those employees engaged principally in any such duties away from the premises of the employer. This term does not apply to any employee whose duties include the delivery of any merchandise handled, treated, or sold. g. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles;
h. The payroll of aircraft pilots or co-pilots if their principal duties are to work on or in connection with aircraft in either capacity; and
i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The payroll of these draftsmen shall be assigned to the classification "Draftsmen" - Code 91805.
4. Overtime
a. Definition
Overtime means those hours worked for which there is an increase in the rate of pay:
(1) For work in any day or in any week in excess of the number of hours normally worked, or (2) For hours worked in excess of 8 hours in any day or 40 hours in any week, or (3) For work on Saturdays, Sundays or Holidays.
In the case of guaranteed wage agreements, overtime means only those hours worked in excess of the number specified in such agreement.
b. Exclusion of Overtime Payroll
The extra pay for overtime shall be excluded from the payroll on which premium is computed as indicated in b.(1) or b.(2), provided the insured's books and records are maintained to show overtime pay separately by employee and in summary by classification. (1) If the records show separately the extra pay earned for overtime, the entire extra pay shall be excluded.
(2) If the records show the total pay earned for overtime (regular pay plus overtime pay) in one combined amount, 1/3 of this total pay shall be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately, 1/2 of the total pay for double time shall be excluded.
Exclusion of overtime pay does not apply to payroll assigned to the "Stevedoring" classifications.
5. Application
The rates apply per $1,000 of payroll.
J. Total Cost
The total cost of all work let or sublet in connection with each specific project including:
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1. The cost of all labor, materials, and equipment furnished, used, or delivered for use in the execution of the work; however, do not include the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment; and
2. All fees, bonuses, or commissions made, paid, or due.
The rates apply per $1,000 of Total Cost.
K. Units
A single room or group of rooms intended for occupancy as separate living quarters by a family, by a group of unrelated persons living together, or by a person living alone.
L. Gallons
The total number of gallons of a liquid, plasma, gas, or compressed gas sold or delivered.
The rates apply per 1,000 gallons.
M. Tons
The total tonnage of materials extracted, produced, or handled by the insured, measured in imperial pounds.
The rates apply per 1,000 tons.
N. MCFs (Thousand Cubic Feet)
The number of MCFs of gas produced or handled by the insured.
The rates apply per 1,000 MCFs.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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992
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL POLICY PROVISIONS - PREMIUM
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
SCHEDULE
A. Minimum and Deposit Premium: 100%
B. Percentage of Premium retained (Minimum Earned Premium): 100% This endorsement sets forth the Minimum Earned Premium and Minimum and Deposit Premium provisions for this Policy, calculated as follows:
1. The Minimum and Deposit Premium for this Policy is shown in item A. of the Schedule above and is a percentage of the TOTAL PREMIUM (DEPOSIT PREMIUM) shown on the Declarations page, plus any premium adjustments by endorsement and any additional premium calculated as a result of any premium audit, if applicable.
2. Audits that indicate a return premium will not reduce the Minimum and Deposit Premium described in Paragraph
1. above.
3. If you cancel this Policy and:
a. The Policy is not subject to audit, the return premium will be 90% of the unearned premium. However, in no event will we retain less than the Minimum Earned Premium, calculated by multiplying the percentage shown in item B. of the Schedule above by the Minimum and Deposit Premium described in Paragraph 1. above. b. The Policy is subject to audit, the earned premium will be determined by final audit. However, in no event will such earned premium be less than the Minimum Earned Premium, calculated by multiplying the percentage shown in item B. of the Schedule above by the Minimum and Deposit Premium described in Paragraph 1. above.
4. If we cancel the Policy for any reason other than nonpayment of premium, you will be returned the full amount of unearned premium, as determined by premium audit and without any Minimum Earned Premium retention as described in B. of the Schedule above.
Provided that, if any Audit Noncompliance Charge has been imposed on this Policy and any additional premium computed as a result is owed, unearned premium will be calculated after deducting such charge due to us.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
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993
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - CONDITIONS - PREMIUM AUDIT
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
LIQUOR LIABILITY COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
The Premium Audit provision shown in the CONDITIONS Section of this Policy is deleted and replaced with the following:
Premium Audit
a. We will compute all premiums for this Policy in accordance with our rules and rates. b. Premium for this Policy, shown on the Declarations page, is a deposit premium only and will be credited toward the final earned premium calculated by premium audit and due at the end of the policy period. (1) At the close of each audit period, or any part thereof, terminating at the end of the policy period or upon cancellation, if applicable, we may conduct an audit of your books and records to determine the actual earned premium for the policy period. Such premium amount will be calculated in accordance with the Basis of Premium shown on the Declarations page of this Policy.
(2) If the total earned premium calculated for that period is greater than the TOTAL PREMIUM (DEPOSIT PREMIUM) paid, as indicated on the Declarations page, the additional premium owed based upon such premium audit calculation is due upon notice to the first Named Insured. (3) If the total earned premium calculated for that period is less than the TOTAL PREMIUM (DEPOSIT PREMIUM) paid, as indicated on the Declarations page, we will retain no less than the Minimum and Deposit Premium, as described in Paragraph 1. of the Additional Policy Provision - Premium endorsement attached to this Policy, c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Failure to provide such records upon request will be deemed a breach of Policy Conditions, which may subject this Policy, as well as any other policies issued to you, to cancellation. We have the right, but not the obligation to conduct an audit of records needed for premium computation after the expiration of this Policy. Audits may be conducted physically, remotely or by any other means we may choose. d. We will make no less than two attempts to contact you directly to conduct an audit and at least one attempt to contact your agent or broker of record for assistance should direct contact efforts fail. These attempts will occur over a span of no less than two calendar weeks. Any refusal or failure by you: a) to maintain or provide needed records or b) to allow us to conduct an audit of needed records will result in:
(1) Our developing and calculating a final audit premium based on information available to us and without your cooperation and assistance; or
(2) The assessment of an Audit Noncompliance Charge, if applicable to this Policy.
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If final premium audits calculated without your cooperation and assistance result in additional premium owed to us, you are obligated and agree to pay such additional premium.
You may dispute such final premium audit results or the assessment of an Audit Noncompliance Charge, but only if you provide notice and explanation of your dispute to us, in writing, and your written notice includes verifiable documentation that supports your dispute and allows for premium computation.
Refusal or failure to provide written notice of your dispute along with verifiable documentation supporting your dispute and allowing for premium computation will indicate to us your agreement with the audit results.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS4029 0721 Page 2 of 2
995
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ABSOLUTE POLLUTION AND POLLUTION RELATED LIABILITY Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
The following exclusion is added to this Policy. If the Policy already includes any pollution exclusion or pollution-related exclusion, all such exclusions are deleted and replaced with the following:
This insurance does not apply to any claim or "suit" for damages because of "bodily injury", "property damage", "personal and advertising injury", or any other injury, damage, or legal liability of any kind, arising directly or indirectly out of, related to, including, or in any way involving the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, escape of, placement of, or presence of any "pollutant", however caused, including, but not limited to:
1. Any loss, cost, expense, fine, or penalty arising out of any (i) request, demand, order, governmental authority or directive, or that of any private party or citizen action, that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effects of any "pollutant"; or (ii) any litigation or administrative procedure in which any insured or others may be involved as a party as a result of actual, alleged, or threatened discharge, dispersal, seepage, migration, release, escape of, placement of, or presence of any "pollutant" into or upon any land, premises, building, the atmosphere, any water course, body of water, aquifer, or ground water, whether sudden, accidental, or gradual in nature or not, and regardless of when.
2. The devaluation of property, or for taking, use, or acquisition, or interference with the rights of others in or on property or air space, or any other type injury or expense.
This exclusion applies regardless of fault or intent, regardless of the particular cause of action or theory of liability, regardless of whether any "pollutant" is the initial precipitating cause or is in any way a cause, in the chain of events, and regardless of whether any other actual or alleged cause other than a "pollutant" contributed concurrently, proximately, or in any other sequence to the "bodily injury", "property damage", "personal and advertising injury", or any other injury, damage, or legal liability.
The following definition is added to the Policy. If the Policy already includes a definition of "pollutants", such definition is deleted and replaced with the following:
"Pollutants" means any solid, liquid, gaseous, fuel, lubricant, thermal, acoustic, electrical, or magnetic irritant or contaminant including, but not limited to smoke, vapor, soot, fumes, odors, fibers, radiation, acid, alkalis, petroleums, chemicals, or "waste". "Waste" includes medical waste, biological infectants, and all other materials to be disposed of, recycled, stored, reconditioned, or reclaimed.
The following is added to the definition of "pollutants" for injury or damage that takes place in or originates in the state of Indiana or New Mexico:
The specific examples identified as "pollutants" include, but are not limited to the following and their break down components: diesel, kerosene, and other fuel oils; gasoline, butane, propane, natural gas, and other fuels; brake fluid, ADF3003 0922 Page 1 of 2
996
transmission fluid, and other hydraulic fluids; ethylene glycol, methanol, ethanol, isopropyl alcohol, and propylene glycol, and other antifreeze additives; grease, tar, petroleum distillates, and other petroleum products; carbon monoxide, chlorine and other exhaust gases; stoddard solvent, mineral spirits, and other solvents; chromium compounds; emulsions/emulsifiers; naphtha; tetrachloroethylene, perchloroethylene (PERC), trichloroethylene (TCE), methylene chloroform, and other dry cleaning chemicals; methyl isobytyl ketone; methyl ethal ketone; n-butyl acetate; 2-butoxyethanol; hexylene glycol; peroxides; Freon; polychlorinated biphenyl (PCB); CFC113; chlorofluorocarbons; chlorinated hydrocarbons; adhesives; pesticides; insecticides; fungicides; rodenticides; barium; 1, 2-Dichloroethylene; ethylene dichloride; dichloromethane; methylene chloride; ethylbenzene; lead; mercury; selenium; sulfate; xylene; silica; sewage; industrial waste materials; farm waste materials or odors including, but not limited to manure, urine, slurry, toxic algae, bedding, compost, milk; pharmaceutical products such as steroids, antibiotics, vitamins and supplements; fertilizers and nutrients such as nitrogen, phosphorus potassium and storm water and irrigation runoff containing any such chemicals; disease causing pathogens such as salmonella, E. coli, Cryptosporidium, and fecal coliform; hydrogen sulfide; ammonia; methane gas; heavy metals such as copper, zinc, chromium, arsenic, nickel, and cadmium; salts such as sodium, calcium, magnesium, potassium, chloride, bicarbonate, carbonate and nitrate; and all substances specifically listed, identified, or described by one or more of the following references: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions), Agency for Toxic Substances and Disease Registry ToxFAQsTM, or U.S. Environmental Protection Agency EMCI Chemical References Complete Index. Substances identified as examples above or by the referenced lists also include materials or substances to be disposed of, discarded, recycled, stored, reconditioned, or reclaimed.
This definition of "pollutants" as amended for injury or damage that takes place in or originates in the state of Indiana or New Mexico, applies whether or not such solid, liquid, gaseous, bacterial, fungal, electromagnetic, thermal or acoustic irritant or contaminant is your product or products used by or for you, or is an integral part of or incidental to your business or operations, or has any function in your business, operations, premises, site, or location.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ADF3003 0922 Page 2 of 2
997
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - NUCLEAR, BIOLOGICAL OR CHEMICAL MATERIALS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
This insurance does not apply to any loss, injury, claim or damage arising directly or indirectly out of or relating to any activity by an individual acting alone, or individuals acting as part of a group, that involves any violent act, including the threat of any activity or preparation for any activity that involves the use, release, dispersal, discharge, escape or application of:
a. Nuclear materials, or directly results in nuclear reaction or radiation or radioactive contamination; or b. Pathogenic or poisonous biological or chemical materials.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ADF3010 0110 Page 1 of 1
998
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES; EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
A.The following exclusions are added:
This insurance does not apply to:
TERRORISM
"Any injury or damage" arising, directly or indirectly, out of an "other act of terrorism" that is committed outside of the United States (including its territories and possessions and Puerto Rico), but within the "coverage territory". However, this exclusion applies only when one or more of the following are attributed to such act:
1. The total of insured damage to all types of property exceeds $25,000,000 (valued in U.S. dollars). In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or
2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means:
a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; or
c. Protracted loss of or impairment of the function of a bodily member or organ; or
3. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or
4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or
5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials.
With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident.
TERRORISM PUNITIVE DAMAGES
Damages arising directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive damages.
ADF3011 0115 Includes Material © Insurance Services Office, Inc., 2015 Page 1 of 2 999
B. The following definitions are added:
1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", “personal injury”, "injury" or "environmental damage" as may be defined in any applicable Policy.
2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following:
a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act;
b. The act resulted in damage:
(1) Within the United States (including its territories and possessions and Puerto Rico); or (2) Outside of the United States in the case of:
(a) An air carrier (as defined in Section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), regardless of where the loss occurs; or (b) The premises of any United States mission; and
c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism".
Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident.
C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Policy.
D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ADF3011 0115 Includes Material © Insurance Services Office, Inc., 2015 Page 2 of 2 1000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - BIOMETRIC INFORMATION PRIVACY LAWS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
The following exclusion is added to this Policy:
BIOMETRIC INFORMATION PRIVACY LAW EXCLUSION
This insurance does not apply to and the Company shall have no obligation to defend or indemnify any insured for any injury or damage or legal liability of any kind, including any claim or suit, arising directly or indirectly out of, related to or, in any way involving any actual or alleged violation of the Illinois Biometric Information Privacy Act (BIPA) or any other state or federal law or regulation governing the collection, use, sale, transfer, storage, disposal, or destruction of biometric data, biometric information, or other personal identifying information or data, and including any amendment of or addition to such laws, or any regulation promulgated under or as a result of any such laws.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ADF3017 0622 Page 1 of 1
1001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - MEDICAL PAYMENTS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS and all references to it are deleted in their entirety and not replaced.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3009 0110 Page 1 of 1
1002
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - NEW ENTITIES (COMMERCIAL GENERAL LIABILITY) Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
SECTION II – WHO IS AN INSURED, Paragraph 3. is deleted in its entirety.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3011 0220 Page 1 of 1
1003
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - SUBSIDENCE
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATION LIABILITY COVERAGE
The following exclusion is added to this policy:
This insurance does not apply to any claim or “suit” for “bodily injury,” “property damage” or “personal and advertising injury” arising out of, related to, or, in any way involving “subsidence”.
The following is added to the DEFINITIONS section of this policy:
“Subsidence” means any settling, sinking, slipping, falling away, caving in, shifting, eroding, mud flow, rising, tilting, bulging, cracking, shrinking or expansion of foundations, soils, walls, roofs, floors or ceilings, or any movement of land or earth.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3013 0110 Page 1 of 1
1004
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ABSOLUTE AUTO, AIRCRAFT AND WATERCRAFT
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, paragraph g. is deleted and replaced by the following:
g. Aircraft, Auto or Watercraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft. Use includes operation and "loading or unloading" and the handling and placing of persons, by an insured, into, onto or from an “auto”.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft.
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Other Insurance, paragraph b. Excess Insurance, subparagraph reading as follows, is deleted from this policy:
“If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability.” ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3017 0110 Page 1 of 1
1005
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED EXCLUSION - EMPLOYER'S LIABILITY
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
The Employer’s Liability exclusion in Paragraph 2. Exclusions of the BODILY INJURY AND PROPERTY DAMAGE LIABILITY coverage, is deleted and replaced by the following:
This insurance does not apply to:
Employer's Liability
"Bodily injury" to:
(1) An "employee" of any insured arising out of and in the course of:
(a) Employment by any insured; or
(b) Performing duties related to the conduct of any insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above.
This exclusion applies whether an 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 and to liability assumed under an “insured contract”.
The word “employee” as used in this exclusion includes any member, associate, “leased worker”, contract worker, casual worker, “temporary worker” or any persons loaned to or volunteering services an insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3040 0222 Page 1 of 1
1006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL POLICY EXCLUSIONS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
LIQUOR LIABILITY COVERAGE
The following exclusions are added to this Policy:
LEAD, ASBESTOS, SILICA, ERIONITE EXCLUSION
This insurance does not apply to any claim or “suit” for “bodily injury”, “property damage” or “personal and advertising injury” or other injury or damage arising directly or indirectly out of, related to, or, in any way involving the manufacture, sale, lease, distribution, transportation, storage, handling, installation, repair, removal, clean-up, testing, inspection, degradation, detoxifying or neutralizing, disposal, or other use of, ingestion, inhalation, exposure to, or contact with any goods, products, materials, plant life, or structures containing lead, asbestos, silica or erionite in any form including but not limited to claims arising out of continuous, intermittent or repeated exposure to or ingestion, inhalation or absorption of lead, asbestos, silica or erionite in any form.
This exclusion applies:
1. To liability assumed in any contract or agreement;
2. To any obligation to pay or indemnify any person, entity, organization or governmental agency;
3. To any supervision, instructions, recommendations, requests, warnings, representations or advice given or which should have been given regarding the existence or control of lead, asbestos, silica or erionite; or
4. To any costs, expenses or damages arising out of any remedial investigation or feasibility studies or medical monitoring.
PRIOR INJURY OR DAMAGE EXCLUSION
This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury” which begins or takes place before the inception date of this Policy or before the retroactive date of this Policy if claims-made coverage applies, regardless of whether or not such “bodily injury”, “property damage” or “personal and advertising injury” is known to any insured. This exclusion shall apply even though the nature and extent of such damage or injury may change and even though the damage or injury may be continuous, progressive, cumulative, changing or evolving, and even though the “occurrence” causing such “bodily injury” or “property damage”, or, the offense causing such “personal and advertising injury” may be or may involve a continuous or repeated exposure to substantially the same general harm or condition.
If you are a contractor, builder or developer the following also applies:
All “property damage” to units of or within a single project or development and arising from the same general type of harm or condition, shall be deemed to occur at the time of damage to the first such unit, even though the existence, nature and extent of such damage may change and even though the “occurrence” causing such “property damage” may be or involve a continuous or repeated exposure to substantially the same general harm or condition which also CAS3043 0621 Page 1 of 3
1007
continues or takes place (in the case of repeated exposure to the substantially the same general harm or condition) during the policy period of this Policy.
DISCRIMINATION EXCLUSION
This insurance does not apply to any claim or “suit” for “bodily injury”, “property damage” or “personal and advertising injury” or other injury or damage arising directly or indirectly out of, related to, or, in any way involving discrimination of any kind, whether actual or alleged, nor to any expenses or obligation to share damages with or repay another who must pay damages from discrimination.
EMPLOYMENT PRACTICES EXCLUSION
This insurance does not apply to liability for employment-related practices, regardless of allegations, nor to any expenses nor to any obligation to share damages with or repay anyone else who must pay damages from same including but not limited to:
1. Refusal to employ or termination of employment;
2. Discrimination, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment in any form, humiliation or other employment related practices, policies, acts or omissions;
3. Consequential “bodily injury” or “personal and advertising injury” as a result of 1. or 2. above.
CLASSIFICATION LIMITATION EXCLUSION
This insurance applies only to the operations that are described in the DESCRIPTION OF OPERATIONS shown on the Declarations page of this Policy or in an endorsement to this Policy. If any operation(s) are not described, they are not covered.
DUTY TO DEFEND EXCLUSION
Where there is no coverage under this Policy, there is no duty to defend.
PROFESSIONAL LIABILITY EXCLUSION
This insurance does not apply to professional liability, malpractice, errors, or omissions or acts of any type including rendering or failure to render any type of professional service nor to any expenses or any obligation to share damages with or repay anyone else who must pay damages from same, unless such professional liability coverage is specifically endorsed onto this Policy.
FIDUCIARY EXCLUSION
This insurance does not apply to any claim or “suit” arising directly or indirectly out of, related to, or, in any way involving:
1. Coercion, conversion or misappropriation of the funds or property of others;
2. Dishonest, fraudulent, criminal or malicious acts or omissions of the insured, or any partner or employee or any person for whom you are legally responsible; or
3. Activities or operations performed in the capacity of a fiduciary.
WAR EXCLUSION—the War Exclusion in the Policy is deleted and replaced with the following:
This insurance does not apply to any claim or “suit” for “bodily injury”, “property damage” or “personal and advertising injury” or other injury or damage arising directly or indirectly out of, related to, or, in any way involving:
1. Hostile or warlike action in time of peace or war, including any action in hindering, combating, or defending against an actual impending or expected attack by:
a. Any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces;
b. Military or naval or air forces, or
CAS3043 0621 Page 2 of 3
1008
c. An agent of a. or b. above, it being understood that any discharge, explosion or use of any weapon of war employing nuclear fission or fusion, or biological, chemical or radiological discharge shall be conclusively presumed to be such hostile or warlike action by such a government, power, authority or forces.
2. Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an event.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3043 0621 Page 3 of 3
1009
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - WATER HAZARD
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any "bodily injury", "property damage" or "personal and advertising injury" arising directly or indirectly out of, related to, or in any way involving any "water hazard".
This exclusion applies any claim or "suit" regardless of whether any "water hazard" is the initial precipitating cause or is in any way a cause of "bodily injury", "property damage", or "personal and advertising injury", and regardless of whether any other actual or alleged cause contributed concurrently, proximately, or in any sequence, including whether any actual or alleged "bodily injury", "property damage", or "personal and advertising injury" arises out of a chain of events that involves or includes any "water hazard".
For purposes of this endorsement, the following definition is added to this Policy:
"Water hazard" means any naturally occurring or man-made lake, pond, river, reservoir, lagoon, cove, stream, channel, creek, marsh, well, swimming pool, spa, hot tub, fountain, or any other body of water.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3045 0523 Page 1 of 1
1010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or “suit” for “bodily injury” or “personal and advertising injury” sustained by any of your independent contractors or subcontractors, or any employee, "leased worker", "temporary worker" or volunteer help of same.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3060 1120 Page 1 of 1
1011
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - WATER RELATED BODILY INJURY AND PROPERTY DAMAGE Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or "suit" for "bodily injury" or "property damage" arising directly or indirectly out of, related to, or, in any way involving:
(1) Any discharge or leakage, backup, or overflow from any sewer, drain, water system, sump pump, plumbing system, heating or air conditioning unit or system, appliance or automatic sprinkler system; (2) Any rain, snow, or other precipitation or water that enters any building interior through a defective or damaged roof, leader, spouting, door, window, skylight, transom, vent, gutter, drain, or wall; (3) Any actual or alleged failure to maintain a water heater or boiler including, without limitation, failure to maintain the temperature control of a water heater or boiler; or (4) Any actual or alleged failure to supply water or contamination of water including, without limitation, any consequential loss or damage as a result thereof.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3086 1121 Page 1 of 1
1012
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - NAMED INSURED VS. NAMED INSURED
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to claims or “suits” for "bodily injury", "property damage" or "personal and advertising injury" brought by one Named Insured against any other Named Insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3098 1120 Page 1 of 1
1013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABSOLUTE EXCLUSION - MOTORIZED VEHICLES
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or "suit" for "bodily injury", "property damage" or "personal and advertising injury" arising directly or indirectly out of, related to, or, in any way involving the operation, maintenance, use, entrustment to others, or “loading or unloading” of any motorized vehicle of any type. Motorized vehicle includes, but is not limited to:
1. “Autos”;
2. Motorized bicycles, electric bicycles;
3. All-Terrain Vehicles (ATVs), Utility Task Vehicles (UTVs);
4. Golf carts, club carts/cars;
5. “Mobile equipment”; and
6. Mopeds, motor scooters, electric scooters.
This exclusion applies to any claim or “suit” regardless of whether any motorized vehicle is the initial precipitating cause or is in any way a cause, and regardless of whether any other actual or alleged cause contributed concurrently, proximately, or in any sequence, including whether any actual or alleged “bodily injury”, “property damage” or “personal and advertising injury” arises out of a chain of events that involves any motorized vehicle.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3105 0321 Page 1 of 1
1014
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED EXCLUSION - RECORDING AND DISTRIBUTION OF MATERIAL OR
INFORMATION- GENERAL LIABILITY
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
A. The Recording And Distribution Of Material Or Information In Violation Of Law exclusion under Paragraph 2. of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following:
“Bodily injury” or “property damage” arising directly or indirectly out of any actual or alleged:
(1) Access to or disclosure of any person’s or organization’s confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, or any other type of nonpublic information; or (2) Act or omission that violates or is alleged to violate:
a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or additional to such law; c. 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
d. 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 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.
B. The Recording And Distribution Of Material Or Information In Violation Of Law exclusion under Paragraph 2. of SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY is deleted and replaced with the following:
“Personal and advertising injury” arising directly or indirectly out of any actual or alleged:
(1) 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) Act or omission that violates or is alleged to violate:
a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or additional to such law; c. 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
CAS3108 0420 Includes Material © Insurance Services Office, Inc., 2013 Page 1 of 2 1015
d. 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 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.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3108 0420 Includes Material © Insurance Services Office, Inc., 2013 Page 2 of 2 1016
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABSOLUTE EXCLUSION - FIREARMS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or “suit” arising directly or indirectly out of, related to, or in any way involving the use of any firearm.
This exclusion applies to any claim or “suit” regardless of whether the use of a firearm is the initial precipitating cause or is in any way a cause of “bodily injury”, “property damage”, or “personal and advertising injury” and regardless of whether any other actual or alleged cause contributed concurrently, proximately, or in any other sequence, including whether any actual or alleged “bodily injury”, “property damage”, or “personal and advertising injury” arises out of a chain of events that involves or includes the use of a firearm at any point.
This exclusion applies regardless of intent and regardless of the particular cause of action asserted including, but not limited to, negligence or other wrongdoing in:
(1) The prevention or suppression, or failure to prevent or suppress, any such act or incident; (2) The insured’s actual or alleged negligent employment, supervision, hiring, training, or retention of any “employee”, independent contractor, or any other person or organization; (3) Reporting or failure to report to the proper authorities any act or incident involving the use of a firearm; (4) Conducting or failing to conduct an investigation or background check; or (5) Providing or failing to provide first aid or medical treatment for any injury arising out of the use of a firearm.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3111 1121 Page 1 of 1
1017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR
OTHER METHODS OF SENDING MATERIAL OR INFORMATION
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
The following exclusion is added to this policy:
This insurance does not apply to any claim or “suit” arising directly or indirectly out of any violation or alleged violation of:
a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3124 0616 Uses Material © ISO Properties, Inc., 2004 Page 1 of 1 1018
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - FIRE OR FIRE-RELATED INJURY OR DAMAGE
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or "suit" for "bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of, related to, or in any way involving fire, smoke, or any conceivable by-product of combustion.
This exclusion applies to any claim or "suit" regardless of whether fire, smoke, or any conceivable by-product of combustion is the initial precipitating cause or is in any way a cause, and regardless of whether any other actual or alleged cause contributed concurrently, proximately, or in any sequence, including whether any actual or alleged "bodily injury", "property damage" or "personal and advertising injury" arises out of a chain of events that involves or includes any fire, smoke, or any conceivable by-product of combustion.
This exclusion does not apply to "property damage" to any one premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You, as described in SECTION III – LIMITS OF INSURANCE.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3125 0623 Page 1 of 1
1019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - PATHOGEN AND RELATED HAZARDS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILTY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to ""bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of, related to, or in any way involving the inhalation of, absorption of, ingestion of, contact with, exposure to, existence of, or presence of any form of "pathogen and related hazards".
This exclusion applies, but is not limited to the following:
a. Providing or failing to provide any supervision, instructions, recommendations, warnings, or advice related to any actual, alleged, or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any form of "pathogen and related hazards";
b. Failure to provide an environment safe from "pathogen and related hazards" or the actual, alleged, or threatened transmission to others;
c. The prevention or suppression of, or failure to prevent or suppress, "pathogen and related hazards" or the actual, alleged, or threatened transmission to others;
d. The reporting or failure to report to the proper authorities; e. The negligent hiring, employment, training, supervision, or retention of any insured, "employee", agent, or other person with respect to a. through d. above; or
f. Any loss, cost, or expense arising out of, related to, or in any way involving any claim, "suit", request, or demand that any insured:
(1) Assess the presence, absence, amount, or effects of any "pathogen and related hazards"; (2) Identify, sample, test, monitor, clean up, remove, dispose of, or neutralize the effects of any "pathogen and related hazards" in any building, material, animal, or product, including but not limited to "your product"; or (3) Respond to any "pathogen and related hazards" in any manner other than as described in (1) or (2) above.
This exclusion applies to any claim or "suit" regardless of whether any "pathogen and related hazards" is the initial precipitating cause or is in any way a cause of injury or damage and regardless of whether any other actual or alleged cause, event, material, or product contributed concurrently, proximately, or in any sequence to such injury or damage, including whether any actual or alleged injury or damage arises out of a chain of events that involves or includes "pathogen and related hazards".
As used in this exclusion, "pathogen and related hazards" includes, without limitation, any:
a. Fungus, including but not limited to any type of mold or mildew; b. Protist, including but not limited to algae and slime mold; c. Chemical matter, or compound produced or released by a fungus or protist, including but not limited to any mycotoxin, toxin, spore, scent, fragment, metabolites, or other by-product that is produced by a. or b. above; CAS3140 0524 Page 1 of 2
1020
d. Pathogen, including but not limited to virus, bacterium, prion, or protozoa or other microorganism; e. Sexually transmitted disease, including but not limited to Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus, or exposure to another having the same, or to substances or materials contaminated with the same, or fear of contracting Acquired Immunodeficiency Syndrome, Human Immunodeficiency Virus, or any other communicable disease; or
f. Infectious or contagious disease transmissible by direct contact with an affected individual or the individual’s discharges or by indirect means.
Solely regarding Coverage A – Bodily Injury and Property Damage Liability, this exclusion does not apply to fungi or bacteria on, or contained in, a good or product intended for bodily consumption. However, this exception does not apply to water droplets originating from such good or product, except where inhalation of such droplets is an intended use of such good or product.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3140 0524 Page 2 of 2
1021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - CANCER
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or "suit" arising directly or indirectly out of, related to, or in any way involving any actual or alleged:
1. Malignant growth;
2. Cancer or cancerous disorder; or
3. Fear of developing any malignant growth, cancer, or cancerous disorder.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3145 0424 Page 1 of 1
1022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABSOLUTE EXCLUSION - ALL CONSTRUCTION AND LAND PREPARATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or “suit” for “bodily injury”, “property damage” or “personal and advertising injury” arising directly or indirectly out of, related to, or, in any way involving any construction, demolition, installation, service, development, reconstruction, rebuilding, restoration, renovation, remodeling, repair, upgrading, improvement, clearing, grading, filling, excavation, paving, soil compaction, landscaping, or refurbishing of any:
(1) Building, bridge, deck, platform, or any other structure of any description; (2) Machinery, equipment, or appliance; or
(3) Land or other area, regardless of whether such is done in preparation for construction or otherwise.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3187 0921 Page 1 of 1
1023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABSOLUTE EXCLUSION - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES (PFAS)
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
LIQUOR LIABILITY COVERAGE
IMPAIRMENT LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or "suit" arising directly or indirectly out of, related to, or in any way involving any "Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)".
This exclusion applies to any claim or "suit" regardless of whether any PFAS is the initial precipitating cause or is in any way a cause of "bodily injury", "injury", "property damage", or "personal and advertising injury" and regardless of whether any other actual or alleged cause contributed concurrently, proximately, or in any sequence, including whether any actual or alleged "bodily injury", "injury", "property damage", or "personal and advertising injury" arises out of a chain of events that involves or includes any PFAS.
For the purposes of this endorsement, "Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)" means:
1. A perfluoroalkyl or polyfluoroalkyl substance, or any manmade or synthetic chemical that has at least two adjacent carbon atoms, where at least one carbon atom is fully fluorinated and the other is at least partially fluorinated, attached to an alkyl chain including, but not limited to, perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorinated chemicals or perfluorochemicals (PFCs), C8, Teflon, GenX, fluorotelomers, perfluorooctanoate, perfluorocaprylic acid, pentadecafluorooctanoic acid, fluorosurfactants, perfluorooctanesulfonamide (PFOSA), perfluorononanoic acid (PFNA), perfluorohexanoic acid (PFHxA), perfluoroheptanoic acid (PFHpA), perfluorohexane sulfonic acid (PFHxS), perfluorobutanesulfonic acid, perfluorobutane sulfonate (PFBS), or any other chemical included on the United States Environmental Protection Agency's PFAS Research or Toxicity list including any additions or amendments thereto; or
2. Any precursor to or derivative, additive, daughter compound, or degradation by-product of any substance or chemical listed or described in 1. above including any salt, acid, or alcohol of such substances.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3199 0324 Page 1 of 1
1024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ASSAULT, BATTERY, ABUSE, OR MOLESTATION
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following exclusion is added to this Policy:
This insurance does not apply to any claim or “suit” for “bodily injury”, “property damage”, or “personal and advertising injury” arising out of, related to, or in any way involving any actual or alleged assault, battery, abuse, or molestation.
Assault, battery, abuse, or molestation includes, but is not limited to, any conduct, physical act, gesture, sexual contact (whether or not consensual), sexual molestation, sexual or physical assault or battery, sexual abuse, sexual harassment or exploitation, harmful, unwanted or offensive contact, or spoken or written words of a sexual or physically violent nature, whether provoked or unprovoked.
This exclusion includes but is not limited to:
(1) The prevention or suppression of, or the failure to suppress or prevent any assault, battery, abuse, or molestation; (2) The failure to provide an environment safe from any assault, battery, abuse, or molestation, or the failure to warn of the dangers of the environment that could contribute to any assault, battery, abuse, or molestation; (3) The selling, servicing or furnishing of alcoholic beverages resulting in any assault, battery, abuse, or molestation; (4) The reporting or failing to report to the proper authorities; (5) Conducting or failing to conduct an investigation of any assault, battery, abuse, or molestation; (6) Injury or damage committed while using reasonable force to protect persons or property or acting in self-defense; (7) Providing or failing to provide first aid or medical treatment, or otherwise handling or responding after there has been any assault, battery, abuse, or molestation;
(8) Any assault, battery, abuse, or molestation, whether caused by, or at the instigation, instruction, direction, or due to the negligence of the insured, the insured’s employees, agents, patrons, customers, or any other person arising from any causes whatsoever; or
(9) The negligent hiring, employment, training, supervision, or retention of any “employee” or agent of any insured with respect to items (1) through (8) above.
This exclusion applies regardless of fault or intent and regardless of the particular cause of action.
This exclusion applies to any claim or “suit” regardless of whether assault, battery, abuse or molestation is the initial precipitating cause or is in any way a cause, and regardless of whether any other actual or alleged cause contributed concurrently, proximately, or in any sequence, including whether any actual or alleged “bodily injury”, “property damage”, or “personal and advertising injury” arises out of a chain of events that includes any assault, battery, abuse or molestation.
CAS3201 0322 Page 1 of 2
1025
For purposes of this endorsement, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, item a. Expected or Intended Injury is deleted and replaced with the following:
“Bodily injury” or “property damage” expected or intended from the standpoint of the insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS3201 0322 Page 2 of 2
1026
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT - MORTGAGEE,
ASSIGNEE, OR RECEIVER
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
A. SECTION II - WHO IS AN INSURED is amended to include any person or organization you are required by written contract to add as an Additional Insured on this Policy, but:
1. Only if such written contract was executed prior to the “bodily injury” or “property damage” and is in effect at the time the “bodily injury” or “property damage” occurs; and
2. Only with respect to such person or organization’s vicarious liability for “bodily injury” or “property damage” as mortgagee, assignee, or receiver; and
3. Solely for liability caused by the ownership, maintenance or use of the premises by you and for which such person or organization is mortgagee, assignee, or receiver.
However:
1. The insurance afforded to such Additional Insured only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured.
B. With respect to the insurance afforded to the Additional Insured, the following additional exclusion applies:
1. This insurance does not apply to any structural alterations, new construction or demolition operations performed by or for the Additional Insured.
C. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:
The most we will pay on behalf of the Additional Insured is the amount of insurance:
1. Required by the written contract; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
CAS5016 0420 Page 1 of 2
1027
D. Duties of the Additional Insured in the event of an “occurrence”, claim or “suit”:
1. The Additional Insured must promptly give notice of an “occurrence” which may result in a claim, a claim which is made, or, a “suit” to any other insurer which has insurance for a loss to which this insurance may apply.
2. The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS5016 0420 Page 2 of 2
1028
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT - MANAGERS OR
LESSORS OF PREMISES
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
A. SECTION II - WHO IS AN INSURED is amended to include any person or organization you are required by written contract to add as an Additional Insured on this Policy, but:
1. Only if such written contract was executed prior to the “bodily injury” or “property damage” and is in effect at the time the “bodily injury” or “property damage” occurs; and
2. Only with respect to such person or organization’s vicarious liability for “bodily injury” or “property damage” as manager or lessor of that part of the premises leased to you; and
3. Solely for liability caused by the ownership, maintenance or use of that part of the premises leased to you by such person or organization.
However:
1. The insurance afforded to such Additional Insured only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured.
B. With respect to the insurance afforded to the Additional Insured, the following additional exclusions apply:
1. This insurance does not apply to:
a. Any “occurrence” which takes place after you cease to be a tenant in that premises; b. Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured; or
c. Any “bodily injury”, “property damage” or “personal and advertising injury” arising out of:
(1) The sole negligence of the Additional Insured or any employees of the Additional Insured; or (2) Any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage.
2. Where there is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured.
C. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:
The most we will pay on behalf of the Additional Insured is the amount of insurance:
1. Required by the written contract; or
CAS5017 0420 Page 1 of 2
1029
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
D. Duties of the Additional Insured in the event of an “occurrence”, offense, claim or “suit”:
1. The Additional Insured must promptly give notice of an “occurrence”, an offense which may result in a claim, a claim which is made, or, a “suit” to any other insurer which has insurance for a loss to which this insurance may apply.
2. The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS5017 0420 Page 2 of 2
1030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR
POLITICAL SUBDIVISION PERMITS - BLANKET
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured, any state or governmental agency or subdivision or political subdivision that has issued a permit for your operations, when it is required as a condition of such permit that the state or governmental agency or subdivision or political subdivision be named as an Additional Insured on this Policy, but only with respect to vicarious liability imposed on the Additional Insured as a result of those operations performed by you or on your behalf for which the state or political subdivision has issued the permit.
However:
1. The insurance afforded to such Additional Insured only applies to the extent permitted by law; and
2. Will not be broader than that which you are required, as a condition of the permit, to provide for such Additional Insured.
B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply:
This insurance does not apply to any:
1. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of operations performed for the state or municipality;
2. “Bodily injury” or “property damage” included within the “products-completed operations hazard”;
3. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of the sole negligence of the Additional Insured or employees of the Additional Insured; or
4. “Bodily injury”, “property damage” or “personal and advertising injury” to any employee of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage.
C. A state or political subdivision’s status as an Additional Insured under this endorsement ends when “your work” under such permit is completed.
D. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:
The most we will pay on behalf of the Additional Insured is the amount of insurance:
1. Required as a condition of the permit; or
2. Available under the applicable limits of insurance;
whichever is less.
CAS5018 0420 Page 1 of 2
1031
This endorsement shall not increase the applicable limits of insurance.
E. Duties of the Additional Insured in the event of “occurrence”, offense, claim or “suit”:
1. The Additional Insured must promptly give notice of an “occurrence” an offense which may result in a claim, a claim which is made or a “suit”, to any other insurer which has insurance for a loss to which this insurance may apply.
2. The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured A. may qualify as an Additional Insured for a loss to which this insurance may apply.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS5018 0420 Page 2 of 2
1032
NOTICE OF TERRORISM INSURANCE COVERAGE
ADF9010 0321 Page 1 of 1
You are hereby notified that under the federal Terrorism Risk Insurance Act, as amended (“the Act”), the Company must make available insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act. This Policy includes such coverage for damages arising out of certified acts of terrorism and is limited by the terms, conditions, exclusions, limits, other provisions of the coverage quote or renewal application/questionnaire to which this offer is attached and by the Policy, any endorsements to the Policy and generally applicable rules of law.
The term “act of terrorism” means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
YOU SHOULD KNOW THAT LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM FOR WHICH THIS POLICY PROVIDES COVERAGE MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THE FORMULA, BEGINNING ON JANUARY 1, 2020, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE.
NO PREMIUM IS CHARGED FOR THIS COVERAGE NOR IS ANY CHARGE MADE FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT, AS WELL AS INSURERS’ LIABILITY FOR LOSSES, RESULTING FROM CERTIFIED “ACTS OF TERRORISM” WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.
COVERAGE FOR “INSURED LOSSES” AS DEFINED IN THE ACT IS SUBJECT TO THE COVERAGE TERMS, CONDITIONS, AMOUNTS AND LIMITS IN THIS POLICY APPLICABLE TO LOSSES ARISING FROM EVENTS OTHER THAN “ACTS OF TERRORISM”. 1033
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(BROAD FORM)
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury" or
"property damage":
(1) With respect to which an "insured" under the
policy is also an insured under a 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 its limit of liability; or
(2) Resulting from the "hazardous properties" of
"nuclear material" and with respect to which
(a) any person or organization is required to
maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law
amendatory thereof, or (b) the "insured" is, or
had this policy not been issued would be,
entitled to indemnity from the United States of
America, or any agency thereof, under any
agreement entered into by the United States of
America, or any agency thereof, with any
person or organization.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily injury"
resulting from the "hazardous properties" of
"nuclear material" and arising out of the operation
of a "nuclear facility" by any person or
organization.
C. Under any Liability Coverage, to "bodily injury" or
"property damage" resulting from "hazardous
properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on behalf
of, an "insured" or (b) has been discharged or
dispersed therefrom;
(2) The "nuclear material" is contained in "spent
fuel" or "waste" at any time possessed,
handled, used, processed, stored, transported
or disposed of, by or on behalf of an "insured";
or
(3) The "bodily injury" or "property damage" arises
out of the furnishing by an "insured" of
services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nuclear
facility", but if such facility is located within the
United States of America, its territories or
possessions or Canada, this exclusion (3)
applies only to "property damage" to such
"nuclear facility" and any property thereat.
IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 1034
2. As used in this endorsement:
"Hazardous properties" includes radioactive, toxic or
explosive properties.
"Nuclear material" means "source material", "special
nuclear material" or "by-product material".
"Source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory
thereof.
"Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been used or
exposed to radiation in a "nuclear reactor".
"Waste" means any waste material (a) containing "byproduct material" other than the tailings or wastes produced by the extraction or concentration of
uranium or thorium from any ore processed primarily
for its "source material" content, and (b) resulting
from the operation by any person or organization of
any "nuclear facility" included under the first two
paragraphs of the definition of "nuclear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used for
(1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packaging
"waste";
(c) Any equipment or device used for the
processing, fabricating or alloying of "special
nuclear material" if at any time the total
amount of such material in the custody of the
"insured" at the premises where such
equipment or device is located consists of or
contains more than 25 grams of plutonium or
uranium 233 or any combination thereof, or
more than 250 grams of uranium 235;
(d) Any structure, basin, excavation, premises or
place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing is
located, all operations conducted on such site and all
premises used for such operations.
"Nuclear reactor" means any apparatus designed or
used to sustain nuclear fission in a self-supporting
chain reaction or to contain a critical mass of
fissionable material.
"Property damage" includes all forms of radioactive
contamination of property.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 2 of 2 1035
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
SCHEDULE
SCHEDULE - PART I
Terrorism Premium (Certified Acts) $
This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(ies):
Additional information, if any, concerning the terrorism premium:
SCHEDULE - PART II
Federal Share of Terrorism Losses 80%
(Refer to Paragraph B. in this endorsement.)
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Disclosure Of Premium
In accordance with the federal Terrorism Risk
Insurance Act, we are required to provide you
with a notice disclosing the portion of your
premium, if any, attributable to coverage for
terrorist acts certified under the Terrorism Risk
Insurance Act. The portion of your premium
attributable to such coverage is shown in the
Schedule of this endorsement or in the policy
Declarations.
B. Disclosure Of Federal Participation In
Payment Of Terrorism Losses
The United States Government, Department of
the Treasury, will pay a share of terrorism losses
insured under the federal program. The federal
share equals a percentage (as shown in Part II of
the Schedule of this endorsement or in the policy
Declarations) of that portion of the amount of
such insured losses that exceeds the applicable
insurer retention. However, if aggregate insured
losses attributable to terrorist acts certified under
the Terrorism Risk Insurance Act exceed $100
billion in a calendar year, the Treasury shall not
make any payment for any portion of the amount
of such losses that exceeds $100 billion.
C. Cap On Insurer Participation In Payment Of
Terrorism Losses
If aggregate insured losses attributable to
terrorist acts certified under the Terrorism Risk
Insurance Act exceed $100 billion in a calendar
year and we have met our insurer deductible
under the Terrorism Risk Insurance Act, we shall
not be liable for the payment of any portion of the
amount of such losses that exceeds $100 billion,
and in such case insured losses up to that
amount are subject to pro rata allocation in
accordance with procedures established by the
Secretary of the Treasury
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
IL 09 85 12 20 © Insurance Services Office, Inc., 2020 Page 1 of 1 1036
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SIGNATURE ENDORSEMENT
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100362652-0 04/09/2025 12:01AM at the Named
Insured address shown on the Declarations
Harvest Realty LLC
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:
ALL COVERAGE FORMS
By signing and delivering this policy to you, we state that it is a valid contract when signed as below by our authorized representatives.
Secretary President
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ADF9004 0110 Page 1 of 1
1037
ADF9009 0110 Page 1 of 1
U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
ADVISORY NOTICE TO POLICYHOLDERS
This Notice shall not be construed as part of your policy and no coverage is provided by this Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages your policy provides.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC.
Please read this Notice carefully.
The Office of Foreign Assets Control administers and enforces sanctions policy, based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign Agents, Front Organizations, Terrorists, Terrorist organizations and Narcotics traffickers as “Specially Designated Nationals and Blocked Persons”. This list can be located on the United States Treasury’s web site—http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a “Specially Designated National and Blocked Person”, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments and no premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply.
1038
Certification & Legal Disclosure
On behalf of the entity identified in the signature block below, I certify that:
1. The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct.
2. I possess the legal authority to submit this application on behalf of the entity identified in the signature block.
3. The following is a complete disclosure of all identities of interest - of all persons or entities, including affiliates, that will provide goods or services to the Project either (a) in one or more capacity or (b) that qualify as a "Related Party" to any person or entity that will provide goods or services to the Project. "Related Party" is defined in Section 10302 of the California Code of Regulations (CTCAC Regulations):
4. As of the date of application, the Project, or the real property on which the Project is proposed (Property) is not party to or the subject of any claim or action at the State or Federal appellate level.
5. I have disclosed and described below any claim or action undertaken which affects or potentially affects the feasibility of the Project.
In addition, I acknowledge that all information in this application and attachments is public, and may be disclosed by the State.
Civil Matters
Printed Name Title of Signatory Signature
Legal Disclosure
For purposes of the following questions, and with the exceptions noted below, the term “Applicant” shall include the applicant and joint applicant, and any subsidiary of the applicant or joint applicant if the subsidiary is involved in (for example, as a guarantor) or will be benefited by the application or the project.
In addition to each of these entities themselves, the term “Applicant” shall also include the direct and indirect holders of more than ten percent (10%) of the ownership interests in the entity, as well as the officers, directors, principals and senior executives of the entity if the entity is a corporation, the general and limited partners of the entity if the entity is a partnership, and the members or managers of the entity if the entity is a limited liability company. For projects using tax-exempt bonds, it shall also include the individual who will be executing the bond purchase agreement.
The following questions must be responded to for each entity and person qualifying as an "Applicant," or "joint applicant" as defined above.
Explain all positive responses on a separate sheet and include with this questionnaire in the application.
Exceptions:
Public entity applicants without an ownership interest in the proposed project, including but not limited to cities, counties, and joint powers authorities with 100 or more members, are not required to respond to this questionnaire.
Members of the boards of directors of non-profit corporations, including officers of the boards, are also not required to respond. However, chief executive officers (Executive Directors, Chief Executive Officers, Presidents or their equivalent) must respond, as must chief financial officers (Treasurers, Chief Financial Officers, or their equivalent).
Date
6. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, felony charges against the applicant?
1. Has the applicant filed a bankruptcy or receivership case or had a bankruptcy or receivership action commenced against it, defaulted on a loan or been foreclosed against in past ten years ?
2. Is the applicant currently a party to, or been notified that it may become a party to, any civil litigation that may materially and adversely affect (a) the financial condition of the applicant’s business, or (b) the project that is the subject of the application?
3. Have there been any administrative or civil settlements, decisions, or judgments against the applicant within the past ten years that materially and adversely affected (a) the financial condition of the applicant’s business, or (b) the project that is the subject of the application?
4. Is the applicant currently subject to, or been notified that it may become subject to, any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing or accreditation agency, a local, state or federal taxing authority, or a local, state or federal regulatory or enforcement agency?
5. In the past ten years, has the applicant been subject to any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing or accreditation agency, a local, state or federal taxing authority, or a local, state or federal regulatory or enforcement agency that resulted in a settlement, decision, or judgment? Criminal Matters
7. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, misdemeanor charges against the applicant for matters relating to the conduct of the applicant’s business?
8. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, criminal charges (whether felony or misdemeanor) against the applicant for any financial or fraud related crime?
9. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, that could materially affect the financial condition of the applicant’s business?
10. Within the past ten years, has the applicant been convicted of any felony?
11. Within the past ten years, has the applicant been convicted of any misdemeanor related to the conduct of the applicant’s business?
12. Within the past ten years, has the applicant been convicted of any misdemeanor for any financial or fraud related crime? Printed Name Title of Signatory Signature
Date
1 of 1 Certification & Legal
1039
Prevailing Wage Certification
for Harvest Realty, LLC Housing Project
Homekey+ Application
This is to certify that The City of Adelanto is aware that the use of Homekey +funds is subject to California’s prevailing wage law (Labor Code Section 1720 et seq.) and will ensure the compliance with same during the development of the Homekey+ project. Accordingly, prevailing wages will be paid, labor records will be maintained and will be made available to any enforcement agency, and all related procedural requirements will be followed.
By:
___________________________________
JESSIE FLORES
City Manager
1040
Relocation Narrative – No Displacement Expected
for Harvest Realty, LLC Housing Project
Homekey+ Application
Project Name: Unbreakable Heights
Project Address: 11351 Chamberlaine Way, Adelanto, CA 92301 County: San Bernardino
Eligible Applicant: City of Adelanto
Project Summary
The project consists of 132 units of Permanent Housing for youth and veterans experiencing homelessness or at risk of homelessness. In the interest of timing and costs, the project will be developed using wood volumetric modular construction that will be manufactured offsite to meet or exceed conventional construction codes and then transported and set on permanent foundations. The target populations will be Homeless Youth and Youth at Risk of Homelessness and Homeless Veterans and Veterans at Risk of Homelessness. Sixty-five units will be set aside for Homeless Youth or Youth at Risk of Homelessness, and 66 for Homeless Veterans or Veterans at Risk of Homelessness. There will be 88 studio units and 44 1-bedroom units, one of which will be for the Onsite Assistant Property Monitor.
Harvest Realty, LLC will acquire the site located at 11351 Chamberlaine Way, Adelanto, CA 92301, to provide the following services to individuals and families experiencing homelessness:
outreach services, intake and assessment services, case management, assistance obtaining benefits and essential documentation, education and employment assistance services, life skills, and referrals for behavioral health services, physical health services, education and employment opportunities, substance abuse treatment, etc.
The site to be purchased is approximately 6.81 acres or 296,208 square feet. The site will be subdivided to create a separate 90,000 sf parcel for a future, unrelated development. The proposed Unbreakable Heights Homekey project will, therefore, be located on a 4.81-acre site, as 1041
noted in the appraisal. The project will house 11 2-story residential buildings and three common buildings, including a laundry, multipurpose room, offices, a meeting room, staff breakroom, restrooms, and storage. The site will include an outdoor play area for children, a community garden, a dog park, a tenant event lawn, approximately 190 parking spaces, exterior landscaping, fencing, and gates. The below depictions show the current site conditions and project location.
Projected Project Dates
The following project schedule is anticipated to complete the Project. The grant timeline is 8 to 26 months from the grant award, including the 60-day grace period.
Site Survey: Completed
Conceptual Design: Completed
Schematic Design: Completed
Project Procurement: May 2025 – June 2025
Project Final Design/Construction Drawings: May 2025 – September 2025 Grant Agreement Execution: July 2025 – September 2025
Plan Check/Permits: September 2025 (Grading & Utilities), December 2025 (Buildings) Awarding of Contracts: June 2025 – September 2025
Construction Period: January 2026 – October 2026
Project Closeout: November 2026
Displaced Persons, Businesses, or Farms
As demonstrated in the Project site photographs and plan below, the Project will not displace any persons, businesses, or farm operations. The Project site will be built on vacant land which will be owned by Harvest Realty, LLC, the Project’s co-applicant. Therefore, this Project does not trigger relocation.
1042
Applicant’s Eligible Use of Funds will Not Result in Displacement Relocation is not required since this Project involves the development of vacant land with no tenants, including business operations. Therefore, no tenants will be affected by the Project. As a result, no individuals, businesses, or farm operations will be displaced because of this Project.
Photos of Project Site
1043
1044
1045
Project Site Plan
1046
Unbreakable Heights
A Proposed Affordable Housing Project For The City of Adelanto 1047
• Introduction
• How We Got Started with SSP
• Our Mission
• Why we decided to Expand to Harvest Introduction
Dr. Saniyyah Mayo, LMFT
Founder/CEO
Simple Solutions Psychotherapy
1048
2 MEET THE TEAM
Development Manager &
Modular Consultant
Darren Seary, FRICS
Operator
Zach Anderson
Principal Consultant,
CEO
Tamara Gutel
Senior Consultant,
Senior Advisor
Sergei Shkurkin
Senior Consultant,
Grants Director
Dr. Arial Moore
Senior Consultant
Karl Hargestam
1049
Location
11351 Chamberlaine Way, W. of 395
1050
4 Project
Summary
• 4.8 acre site
• 143 residential units
• 190 parking spaces
• Private offices, laundry,
meeting rooms
• Private events space
• Community garden, basketball,
kids play area, BBQs, dog park
1051
5 Site Overview
1052
6 Renderings
1053
7 Interiors
1054
8 Modular
1055
9 Project Funding
Homekey+
Supplemental Grants
Energy Incentives
Private Capital
1056
10 Tenant Eligibility
Screening Process
30% Average Mean Income (AMI)
Veterans
Termed Out Foster Kids
Permanent Supportive Services
Safe and Controlled Environment
1057
11 Thank You!
12 Questions?
1058
Customize this Template
Template Editing
Instructions and Feedback
1059
13 MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF ADELANTO
And
HARVEST REALTY, LLC
For
THE DEVELOPMENT AND MANAGEMENT OF THE HOMEKEY+ PROJECT AT 11351 CHAMBERLAINE WAY, ADELANTO, CA 92301
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Adelanto (“City”) and Harvest Realty, LLC (“HR”), a California limited liability company, collectively referred to herein as the “Parties,” for the purpose of collaborating on the Homekey+ Permanent Supportive Housing Project (“Project”) located at 11351 Chamberlaine Way, Adelanto, CA 92301.
I. RECITALS
WHEREAS, the State of California Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability (“NOFA”) for the Homekey+ Program; WHEREAS, the City desires to support the development of permanent supportive housing within its jurisdiction and has agreed to serve as the eligible applicant for the Project under the Homekey+ program;
WHEREAS, HR owns the site, will act as the owner, developer, and property manager of the Project, and will be solely responsible for all financial, operational, and programmatic obligations associated with the development and long-term operations of the Project; 1060
WHEREAS, the City will not have any fiscal responsibility or liability under this Project, and will not be responsible for any costs, budget overages, development risks, service provision, or ongoing operations related to the Project;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:
II. PURPOSE
The purpose of this MOU is to define the respective roles and responsibilities of the City and HR in the implementation and management of the Homekey+ Project.
III. ROLES AND RESPONSIBILITIES
A. City of Adelanto shall:
1. Serve as the applicant for the Homekey+ Program grant;
2. Execute all required authorizing resolutions, participant agreements, and memorandums of understanding necessary for submission;
3. Collaborate with HR to ensure the timely submission of the application and required documentation to HCD;
4. Provide letters of support and political advocacy as needed to advance the Project;
5. Facilitate local coordination and regulatory compliance as applicable.
6. Act as the fiscal administrator, in conjunction with HR, for escrow and post-escrow grant disbursements, as explained in more detail in Section IV.
The City shall not be responsible for any development costs, property acquisition, construction management, or long-term operations.
B. Harvest Realty, LLC shall:
1. Serve as the co-applicant for the Homekey+ Program grant.
2. Serve as the owner, developer, and property manager for the entire Project;
3. Oversee all aspects of project development, including:
a. Site selection and evaluation
1061
b. Appraisal, environmental site assessments, and title reports c. Acquisition, escrow, and site control
d. Land use entitlements and permitting
e. Construction design, contractor bidding, and construction management f. Homekey+ Regulatory Agreement execution
g. Operating and development budget preparation
h. Modular building procurement and contractor oversight
4. Serve as the sole party responsible for:
a. All financial obligations, including budget shortfalls and overages; b. Ensuring compliance with Homekey+ regulations and milestones; c. Coordinating with the selected providers for supportive services; d. Development and implementation of the property management plan; e. Completion of all construction and occupancy deliverables required by HCD.
Attachment "A" Schedule of Performance outlines the responsibilities of the Parties, and is hereby fully incorporated herein.
IV. FISCAL ADMINISTRATION AND FUNDING RESPONSIBILITY
The Parties acknowledge and agree as follows:
• The City shall not bear any financial liability for the Project's development, property acquisition, construction management, or long-term operations. • The City will serve as the fiscal administrator, in collaboration with HR, for any Homekey+ funds going through escrow and those not disbursed directly out of escrow.
These may include, but are not limited to, milestone-based disbursements, reimbursement-based expenses, and the Capitalized Operating Subsidy Reserve (COSR).
The City, with HR’s input and approval, shall effectuate payments to third-parties receiving funds for the Project. The City and HR shall work together in good faith. 1062
• The City shall disburse such funds to Harvest Realty, LLC upon submission and verification of required documentation evidencing milestone completion and/or eligible expenditures, in accordance with HCD guidance and the executed Standard Agreement. • The City shall maintain accurate records and comply with all HCD fiscal reporting requirements but shall be reimbursed from the grant for any administrative costs related to this function, as permitted by HCD.
• Harvest Realty, LLC shall remain solely responsible for all financial obligations related to the Project, including but not limited to cost overruns, ineligible expenditures, or development risks not reimbursed by the grant.
V. TERM AND TERMINATION
This MOU shall remain in effect until:
• Execution of the Homekey+ Standard Agreement by HCD, or • Written termination by either Party with thirty (30) days’ advance notice.
In the event that the Project is not awarded funding under the Homekey+ Program, this MOU shall automatically terminate without further obligation by either Party.
VI. GENERAL PROVISIONS
Amendments: This MOU may only be modified in writing, signed by both Parties.
Counterparts and Electronic Signatures: This MOU may be executed in counterparts and via electronic signature, each of which shall be deemed an original. 1063
IN WITNESS WHEREOF, the undersigned have executed this MOU as of the dates written below.
City of Adelanto
By: ___________________________________
Name: Jessie Flores
Title: City Manager
Date: April 23, 2025
Harvest Realty, LLC
By: ___________________________________
Name: Dr. Saniyya Mayo
Title: CEO/Owner
Date:
1064
ATTACHMENT “A”
Activity City of Adelanto Harvest Realty, LLC
Site Selection/Evaluation
Appraisal, Environmental
Site Assessment,
Preliminary Title Report
x
Site Control
Purchase and Sale
Agreement, Purchase Docs,
Escrow Docs
x
Entitlements/Permits
Land Use Entitlements, lot
line adjustment, etc.
x
Construction/Design
Drawings
Building, Fire, other
Permits/Approvals, as
required
x
Development Budget x
Operating Budget x
Construction Contractor
Modular Building
Procurement
Contractor Bidding,
Improvement Management
x
Construction Contract
Approval
x
Homekey+ Regulatory
Agreement
x x
Construction
Commencement and
Management
x
Supportive Services
Development, Design, and
Implementation of services
plan
x
Property Management
Development and
implementation of overall
Management Plan
x
1065
CITY COUNCIL AGENDA REPORT
DATE: April 23, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: INFLATION ADJUSTMENT TO CITY COUNCIL AND MAYOR MONTHLY STIPEND RECOMMENDATION:
Staff recommends:
1. City Council repeal Ordinance No. 626 which established the Mayor and City Council Member stipend amounts in 2022.
2. City Council introduce and conduct the first reading of Ordinance No.656 to approve an increase in the City Council stipend amount from $850.08 per month to $1,275.00 per month for each Council Member, and from $1,108.80 per month to $1,657.50 per month for the Mayor, in accordance with Government Code § 36516.
3. City Council schedule the second reading of Ordinance No.656 for the next regularly scheduled Council meeting.
BACKGROUND:
Council Member stipends were last adjusted by Ordinance No. 626 in 2022.
The State recently adopted Senate Bill 329 (“SB 329”), which increases the maximum amount of salary that council members may receive. As stated in the bill, “This legislation was intended to increase the compensation schedule for council members in general law cities, which had not been adjusted since 1984. SB 329 allows cities to increase the compensation to adjust for inflation in order to help keep city councils more diverse by allowing people from across different income levels to serve the public and support their families.” SB 329 amended Government Code § 36516 to include the increased allowed amounts for Council salaries.
Although Adelanto is a Charter City, the City’s Charter in Section 605 states, “Compensation of Councilors, other than reimbursement for expenses, may be established in the manner and amount as provided by general law, relating to counciloric salaries in general law cities in this state.” Hence, Government Code § 36516 governs Council Member salaries in Adelanto.
Section 36516(a) of the Government Code reads as follows:
(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
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(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
According to the US Census, the City of Adelanto’s population is 39,046. Therefore, the monthly stipend for City Council Members can be increased from $850.08 per month to $1,275 per month.
Given that the Mayor received a 30% higher compensation level than the other City Council members, the Mayor’s new salary shall be adjusted commensurately (30%) from $1,180.08 per month to $1,657.50 per month. Government Code § 36516.1 permits the Mayor to have a higher stipend than the rest of the Council.
SB 329 went into effect on January 1, 2024. Pursuant to Government Code section 36516.5, any council salary increase may take effect only when at least one member of the council commences a new term. Therefore, the Mayor and City Council will receive increased compensation commencing after the next upcoming election in November 2026.
FISCAL IMPACT:
The financial impact from the salary increases is as follows:
City Council ($1,275.00 - $850.08 = $424.92) x 12 months = $5,099.04 x 4 members = $20,396.16.
Mayor ($1,657.50 - $1,108.80 = $548.70) x 12 months = $6,584.40.
Therefore, the total annual financial impact is $26,980.56.
However, this impact does not commence until December 2026 when the new salaries would go into effect.
ATTACHMENTS:
Ordinance No. 626
Ordinance No. 656
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ORDINANCE NO. 656
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, REPEALING ORDINANCE NO. 626 AND
SETTING FORTH COMPENSATION RATES FOR THE MAYOR AND CITY
COUNCIL MEMBERS
WHEREAS, Adelanto City Charter Section 605 states, “Compensation of Councilors, other than reimbursement for expenses, may be established in the manner and amount as provided by general law, relating to counciloric salaries in general law cities in this state.” WHEREAS, Government Codesection 36516setsforththe compensation forCity Council Members; and
WHEREAS, Government Code section 36516 sets the compensation for City Council Members in Cities with a population of between 35,000 and 50,000 at $1,275.00 per month; and WHEREAS, Government Code section 36516.1 sets forth that a Mayor elected pursuantto Government Code sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which is received as a Council Member, and WHEREAS, on March 23, 2022, the City Council adopted Ordinance No. 626 to address City Council Member compensation and set the Mayor’s compensation at $1,108.80 per month and City Council Member compensation at $850.08 per month; and WHEREAS, the City Council desires to adjust the City Council Member and Mayor Compensation pursuant to Government Code section 36516 to ; and WHEREAS, pursuant to Government Code section 36516.5, any council salary increase may take effect only when at least one member of the council commences a new term. Therefore, the Mayor and City Council will receive increased compensation commencing after the next upcoming election in November 2026.
THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and incorporated by this reference.
SECTION 2. Repeal of Ordinance No. 626. Ordinance No. 626 is hereby repealed and of no further effect.
SECTION 3. Amendment of Adelanto Municipal Code Section 2.04.060. Adelanto Municipal Code section 2.04.060 is amended to read in its entirety as follows:
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2.04.060 Compensation and Reimbursement of City Council and Mayor.
A. Compensation of City Council and Elected Mayor.
1. Compensation shall be paid to each member of the City Council as prescribed in Government Code Sections 36516(a), authorizing the City Council to provide by ordinance that each member of the City Council shall receive a prescribed salary, the amount of which shall be based upon the population of the City.
2. Effective the first day of December 2026, each member of the City Council shall receive as salary the sum of one thousand two hundred seventy five dollars ($1,275.00) per month, as prescribed in Government Code Section 36516 for cities over 35,000 up to and including 50,000 in population; provided, however, that the City Council may increase that amount in accordance with Government Code Section 36516(a)(4) and (c).
3. Following any new and later authorized estimate of population or census placing the City in a population group other than that set forth in Subsection 2 of this Section, the salary payable to each member of the City Council shall be increased or decreased accordingly to equal the sum prescribed for that population group in said Government Code Section 36516; provided, however, the salary so increased or decreased shall become payable only on and after the date upon which one (1) or more members of the City Council become eligible therefore by virtue or beginning a new term of office following the next succeeding general municipal election held in the City.
4. In accordance with Government Code Sections 34900 to 34904, inclusive, the electors have determined that the City Charter shall be amended to provide for the office of an elected Mayor, commencing with the 2004 general municipal election.
Pursuant to Government Code Section 34903, the Mayor is a member of the City Council and has all of the powers and duties of a member of the City Council.
However, in accordance with Government Code Section 36516.1, the City Council may provide the elected Mayor with compensation in addition to that which he/she receives as a member of the City Council. Such additional compensation may be provided by an ordinance adopted by the City Council or by a majority vote of the electors voting on the proposition at a municipal election.
5. Effective the first day of December 2026, and in accordance with Government Code Section 36516.1, the City's elected Mayor shall receive a salary in the amount of one thousand six hundred fifty seven dollars and fifty cents ($1,657.50) per month; provided, however, that the City Council may increase that amount in accordance with Government Code Section 36516(a)(4) and (c) and Section 36516.1.
6. In accordance with Government Code Section 36516.5, a change in compensation shall become payable only on and after the date upon which one (1) or more 1069
members of the City Council become eligible therefore by virtue or beginning a new term of office following the next succeeding general municipal election held in the City.
B. Reimbursement of City Council and Elected Mayor. The compensation prescribed herein for the elected Mayor and the City Council is and shall be exclusive of any amounts payable to the elected Mayor and/or each member of the City Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the City; and, accordingly, the elected Mayor and each member of the City Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the City pursuant to the provisions of Government Code Section 36514.5, as amended from time to time. Such reimbursement shall be as established by policy adopted by the City Council.
C. Health and Welfare Benefits for the Mayor and City Council. In accordance with Government Code Sections 36516(d) and 53200 through 53210, and, in accordance with Government Code Section 53208.5, the City Council shall receive health and welfare benefits in accordance with the most generous schedule of benefits being received by any category of non-safety employees.
SECTION 4. Severability. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
SECTION 5. Effective Date. This ordinance shall take effect 30 days following its adoption by a majority vote of the City Council.
PASSED, APPROVED AND ADOPTED THIS _____th DAY ________, 2025. ____________________________________
Gabriel Reyes, Mayor of the City of Adelanto
____________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
__________________________________________
Todd Litfin, City Attorney
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No.656_ was duly introduced for the first reading on the ___th day of ______, 2022 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this __________
th day of _________, 2025, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this ___th day of ___________, 2025.
___________________________________
Brenda Lopez, City Clerk
SEAL
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