DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC
PREMISES
LANDLORD;
TENANT:
LEASE DATE;
LEASE AMENDMENT NO. 2
2450 Pan Am Way, Alameda,CA - Building35,
consistingof approximately2,764 squarefeet
CITY OFALAMEDA,a chartercityand municipal
corporation
SMALL SIZE, BIG MIND, INC., a California
corporation
September10,2018 and executedon or aboutJuly 3,
2018 (Tenant), September1?,2018 (Landlord)
This AmendmentNo. 2to the Lease ("Amendment"),is dated as of 0(~j. 2\ 2021, for referencepurposesonly, and is entered into by and betweenthe CITY OF ALAMEDA,a charter city and municipalcorporation("Landlord"),and SMALL SIZE, BIG MIND, INC., a California corporation ("Tenant").
NOW, THEREFORE,in considerationof the foregoing,which are incorporatedherein by reference,and of theirmutualcovenantscontainedherein,the partiesherebyagreeas follows:
I. Background.
A. Landlord and Tenant entered into that certain Lease Agreement dated September10, 2018, and executedon orabout July 3, 2018, and September9, 2018. as amended by that certainAmendmentNo. I dated for referencepurposesas July 16, 2020 (as amended,the "Lease"), for certain premises described therein and referred to as Building35, at 2450 Pan Am Way, Alameda,California,consistingofapproximately2,764square feet of rentable space (the "Premises").
B. The Expiration Date of the Lease is August 3 I, 2021. Landlordand Tenant have agreed to extend the Lease Perm for a period of twelve (12) months on the same terms and conditions as set forth in the Lease, except as otherwise set forth herein.
C. Capitalized terms used in this Amendment without definition shall have the same meaninggiven to such terms in theLease. This Amendmentshall beeffectiveupon the last date set forth below the parties' signatures.
2. Term. The term of the Lease is hereby extended for an additionaltwelve (12) months ("ExtensionTerm") retroactivelycommencingon September1, 2021 ("Extension Commencement Date") and terminating on August 31, 2022.
3. Base Rent. Effective as of the Extension Commencement Dale, the monthly installment of Base Rent for the Premises through the end of the Extension Term shall be $4,525.00 per month.
65268 00003VJ2784678 I
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC
4. SecurityDeposit. Landlordand Tenantacknowledgean existingSecurityDeposit of $4,141.50 is currentlybeing held by Landlord pursuantto the Lease. Concurrentlywith the execution of this Amendment, Tenant shall deliver to Landlord the amount of Three Hundred Eighty-Threeand 50/100 Dollars ($383.50)to bring the total amountof the Security Depositto Four Thousand FiveHundred Twenty-Five Dollars ($4,525.00).
5. Signage. Tenantshall be permittedto maintainits existingidentifysignageon the exterior of the Premises in accordance with the terms of the Lease.
6. Delivery of Possession. Tenant hereby agrees that the Premises shall continue to be leasedin its"AS-IS"condition,and Landlordshall haveno obligationto make anyrepairsor modifications to the Premises. Tenant acknowledges and agrees that Landlord has made no representations or warranties regarding the Premises, including, without limitation, its suitability for Tenant's proposeduse.
7. LeaseExtensionOption:Landlordand TenantherebyagreethatTenantmay option | a singleLease Extensionperiodof twelve (12) months, The Lease Extensionwill take effecton f September1, 2022. Tenanthereby agrees to exercisethis one-timeoption no earlierthan twelve | (12) months prior to the Lease termination date (e.g., no sooner thanAugust31,2021) and no later I than six (6) months prior to the Lease terminationdate (e.g., no later than February28, 2022). ! Landlord and Tenant further agree that Base Rent for the optioned twelve (12) month period j $4,660.75per month underthe currentTerm. J
I8. City's Authority. Tenantfurther acknowledgesLandlordisenteringintothisLease j in its proprietarycapacityandnot in its regulatoryorgovernmentalcapacity.Nothingin this Lease I shall be construedas restraining,impairingor restrictingthe City ofAlameda in its regulatory j capacity,orgrantingany rightsupon the Tenantwith respectto the use, occupancyoroperationof f the Premisesin amannerinconsistentwith any Laws orapplicablerequirements. j
9. Brokers. Landlordis representedby CushmanandWakefield(AndrewSchmieder) ("Landlord's Broker"), in connection with the transactions contemplated in this Amendment.
Landlord and Tenant hereby acknowledge that leasing commissions shall be paid per separate agreementswithLandlord'sBrokerandTenant's Broker. TenantandLandlordeachrepresentand warrant to each otherthat no other broker hasrepresentedeitherof them or is otherwiseentitledto a commission or fee in connection with the transactionscontemplatedin this Amendment. Each party hereby indemnifies,defends and holds the other party harmless from all loss, cost and expense(includingreasonableattorneys'fees)arisingout of abreachof itsrepresentationset forth in this Section8. The provisionsof this Section8 shallsurvivetheterminationof the Lease.
10. Ratification:Miscellaneous. Except as modifiedby this Amendment, in all other respects the Lease is hereby ratified and affirmed and remains in full force and effect. This Amendment may be executed in one or more counterparts.
[Signatureson Following Page]
65268.00003\32784678.1
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC IN WITNESS WHEREOF, the undersignedhave executedthis Amendmentas of the day and year last set forth below.
LANDLORD:
CITY OF ALAMEDA,
a charter city and raqp$#al <
By:
oration
Date: /0/2O/ZI
Approved as to Form
r—DocuSignedby:
> 2753DA3A4204469...
Elizabeth Mackenzie
ChiefAssistantCity Attorney
Recommendedfor Approval
-DocuSignedby:
By: J {fa Au>Wtli
-03J34C.D3888B8458...
CommunityDevelopmentDirector
65268.00003\32784678.L
TENANT:
SMALL SIZE, BIG MIND, INC.,
a California^orp^tion
Name:
Date: %/v/?>t(
Title: OOKfe^-—C.C7Q
Date: ff/q J7>7,<
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC AC&RCf CERTIFICATEOF LIABILITYINSURANCE
DATE<MMfflD/YYYY)
08/12/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFiRS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERfS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THECERTIFICATEHOLDER. ____ MPORTANt; Ifthe cartSflcataholderIs an ADDmoMriNSUREDrtha poflcyfias)must have ADDiTIONALINSURED provisions or be endorsed.
If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cortfflcato does not confer rights to the certificate holder in lieu of such andorsom pimmm
Cook Insurance Services & McDermott-Costa Co.,
1045 MacArthur Blvd.
San Leandro, CA 94577
insured SmaJf Size Big Mind, Inc.
3300 Bridgevfew Isle
Afameda^CA 94501
CERTIFICATE NUMBER:
figjjg^ Maria Costa
^1.^.(510)957-2015
[email protected]
£&*.>, (510) 357-3230
IHSURER<S) AFFORDING COVERAGE
insurera i PhiladelphiaIndemnityInsuranceCo.
iKSURiftB; Cypress InsuranceCompany
NAICtf
18058
10655
WSUflERF:
REVISION NUMBER:COVERAGES
THJS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDiCATO). NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENTWITH RESPECTTO WHICH THIS CERTIFICATE MAY 81 ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THI TERMS, EXCLUSIONS AND CONDITIONS OF.SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
JNSR
LTR TYPE OF IH3URANCE
a
COMMERCIAL GENERAL LIABILITY
|CLAIMS-MADE 1\A OCCUR
Qm% AGGREGATE UMIT APPLliS PER;
POUCY [Z] fJqT [ZZ3 loc
OTHER:
AUTOMOBILE LIABILITY
ANYAUTQ
2 OWNED
AUTOS ONLY
HIRED
AUTOS ONLY 2
SCHEDULED
AUTOS
NON-OWNED
AUTOS QNiY
3 UMBRELLA UAB
EXCESS L1AB
a OCCUR
CLAIMS-MADE
PEP I \A RETEEfnON$ 1n»QQ0
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
omc^rt^MeaR e<aia3eo?
pandateryIn NH) ' '
If yes, iSescr&e tauSer
DESCRfPTlCN OF OPERATIONS fctflaw
Y/N
ADOL
INSO
N/A
!3UBR!
POUCY NUMBER
PHPK2199812
PHPK2199812
PHUB744157
SMWC244338
POLICY EXP
01/01/2021 01/01/2022
01/01/2021 01/01/2022
01/01/2021 01/01/2022
01/01/2021 01/01/2022
LIMITS
IAi^ OCCURRENCE
T3ATBG5gETCTRHNtEiO
MED EXP (Any orie person)
PERSONAL & AOVfryUHY
GEf^RAj AGGREGATE
PRODUCTS * CQMP^P AGO
COMBED SaSGlJE LIMIT
tEa afeesdferit)
@OP!LYINJURY (Psr pwsoGi)
BODILY INJURY (Par accfcteitf}
PROPERTY
EACH OCCURRENCE
AGGREGATE
2 PER
STATLH1
j OTH-
lew
EJL EACH ACCIDENT
E4- DISEASE« EA EMPLOYES
EJ» DISEASE »reUCY UMIT
1.000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
2,000,000
2,000,000
1,000,000
1000,000
1,000,000
DESCRIPTIONOF OPERATIONSILOCATIONS/VEHICLES (ACORD 101,A4dH3oT?alRwparksScJuadyie,mayfa<? attachedif nwwe spaceisnsqulnwl) R£: Leased premises locatedat; 2460 PanAm Way, Alameda, CA 94501 CityofAlameda,its partners,propertymanagersand Mortgagees;and FtfverRockReal EstateGroup* Inc. and such drierpartiesIn interestaslandlordare namedAdditionalInsuredasrespectsto General Liabilitycoverageper the form attached. WaiverofSubrogation,Primaryand Non-contributoryapplieswith respectsto Generalliabilitycoverage,as requiredby writtencontractperforms attached. DS u 8/25/2021
CERTIFICATE HOLDER
City of Alameda
OtyHall
2263 Santa Ctera Ave.
Alameda, CA 94501
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THEA30VE DESCRIBED POLICIESBE CANCELLEDBEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
H&m^ updSi
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORDname and logo are registered marks of ACORD
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC A.CORCF EVIDENCE OF PROPERTY INSURANCE
DATE (MM/DD/YYYY)
08/12/2021
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. , PHONE
I (A/C.No. Ext): (510)351-7460
Cook Insurance Services & McDermott-Costa Co.,
1045 MacArthur Blvd.
San Leandro, CA 94577
WL^fiW) 357-3230
CODE:
AGENCY
CUSTOMER IP fr SMALSIZ-01
s. [email protected]
Small Size Big Mind, Inc.
3300 Bridgeview Isle
Alameda, CA 94501
PROPERTY INFORMATION
COMPANY
Philadelphia Indemnity Insurance Co.
LOAN NUMBER
EFFECTIVE DATE
01/01/2021
EXPIRATION DATE
01/01/2022
THIS REPLACES PRIOR EVIDENCE DATED:
POLICY NUMBER
PHPK2199812
n
CONTINUED UNTIL
TERMINATED IF CHECKED
LOCATION/DESCRIPTION
2 2450 Pan Am Way
Alameda, CA 94501
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGEINFORMATION PERILS INSURED BASIC BROAD >J SPECIAL
COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Business Income without Extra Expense, Special Form (Including Theft) Business Personal Property, Replacement Cost Applies. Special Form (Including Theft) $250,000
$50,000
72 Hours
$1,000
REMARKS (Including Special Conditions)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS
City of Alameda
City Hall
2263 Santa Clara Ave.
Alameda, CA 94501
ADDITIONAL INSURED
MORTGAGEE
LENDER'SLOSS PAYABLE | | LOSS PAYEE
LOAN#
AUTHORIZED REPRESENTATIVE
Atoi. upda
© 1993-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 27 (2016/03)
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC PI-GLD-DY (07/07)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
DAY CARE ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
Itis understood and agreed that the followingextensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. Ifsuch specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page#
Damage to Premises Rented to You $1,000,000 2
Extended Property Damage included 2
Non-Owned Watercraft Less than 58 feet 2
Medical Payments $20,000 2
Medical Payments - Extended Reporting Period 3 years 3
Athletic Activities Amended 3
Supplementary Payments - Bail Bonds $2,500 3
Supplementary Payment - Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employee $25,000 3 Additional Insured - Managers and Supervisors Included 3 Additional Insured - Broadened Named Insured Included 4 Additional Insured - Managers. Landlords, or Lessors of Premises Included 4 Additional Insured - Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You
Included 4
Additional Insured - Grantor of Permits Included 4
Damage to Property You Own, Rent, or Occupy $30,000 limit 4 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 5
Liberalization Included 5
Bodily Injury - includes Mental Anguish Included 5
Personal and Advertising Injury - includes Abuse of Process, Discrimination
Included 6
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC PI-GLD-DY (07/07)
A. Damage to Premises Rented to You
1. Ifdamage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word Tire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in:
a. The last paragraph of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III - LIMITS OF INSURANCE, Paragraph 6.;
c. SECTION V - DEFINITIONS, Paragraph 9.a.
2. Ifdamage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words "Fire insurance" are changed to "insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in:
a. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
B. Extended "Property Damage"
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted and replaced by the following:
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"or "property damage" resulting from the use of reasonable force to protect persons or property.
C. Non-Owned Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC PI-GLD-DY (07/07)
D. Medical Payments - Limit Increased to $20.000. Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limitshown in the Declarations of this Coverage Part.
2. COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of Paragraph a. is amended to read
provided that:
(2) The expenses are incurred and reported to us within three years of the date of the accident; E. Athletic Activities
SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
F. Supplementary Payments
Under the SUPPLEMENTARY PAYMENTS - COVERAGE A AND B provision, Items 1.b. and 1.d. are amended as follows:
1. The limitfor the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
G. Employee Indemnification Defense Coverage
Under the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is added:
3. We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees", claims or "suits" brought or persons or organizations making claims or bringing "suits".
H. SECTION II - WHO IS AN INSURED is amended as follows:
1. Ifcoverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC PI-GLD-DY (07/07)
b. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
c. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to their liabilityarising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
d. Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You - Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liabilityfor "bodilyinjury","property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits - Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or
(b)The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.
I. Damage to Property You Own. Rent or Occupy
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:
(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
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC PI-GLD-DY (07/07)
damage to another's property, unless the damage to propertyis caused by childrenenrolled in your day care center, up to a $30,000 limit.
J. Transfer of Rights of Recovery Against Others To Us
As a clarification,the followingis added to SECTION IV- COMMERCIALGENERAL LIABLITY CONDITIONS,Paragraph 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer's Rightsof Recovery priorto the occurrence of a loss, provided the waiver is made in a written contract.
K. Duties in the Event of Occurrence. Claim or Suit
1. The requirement in Paragraph 2.a. of SECTION IV - COMMERCIALGENERAL LIABILITY CONDITIONSthat you must see to it that we are notifiedas soon as practicable of an "occurrence" or an offense, applies onlywhen the "occurrence" or offense is knownto:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
2. The requirement in Paragraph 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit"is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
L. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance on your representations as to existing hazards, ifyou should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
M. Liberalization
Ifwe revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
N. Bodily Injury - Mental Anguish
SECTION V - DEFINITIONS, Paragraph 3. is changed to read:
"Bodily Injury":
a. Means bodily injury,sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 8542E919-ABD5-4831-9ADD-D69B855308AC PI-GLD-DY(07/07)
O. Personal and Advertising Injury-Abuse of Process, Discrimination If CdVERAOEB PERSONALAND ADVERTISINGINJURY LIABILITYCOVERAGEis riot otherwise bxciiidedfrom this CoveragePart, the definitionbf "personaland advertisinginjury"is amendedas follows:
1. SECTIONV - DEFINITIONS,Paragraph I4.b. is revisedto read:
b. Maliciousprosecutjbh or abuse of process;
2. SECTIONV - DEFINITIONS,Paragraph14. Is amendedto includethe following:
Tbfsbnalafid^dv^rtisi^ifyury"also m^anadiscnniinatiphbasedoh race, color, rbligiori,sex, ageW nationalbngiftexee^fwhen;
(1) Done ihtehtiphallyby orit th& dilutionof, orwith the knowledgebrconsentof:
(a) Any insured; or
(b)Any executiveofficer,director,stockholder,partneror memberof theinstired;or (2) DifecMyor indirectlyrelatedto the ehi^oyrtierit,formeror prospectiveemployment, terminationofemployment,ofapplicationfbr employmentbfany perspribfpersorisby an inSuried;of
(3) Directlyorindirebtlyreliatedtothe s§le,fSntal, le^sieorsubleaseorprospectivesales,rental, lea$eibrsub-leaseof any room, d\A^i|irigbrpremisesby oratthe difebtibriofany insured;or (4) In^rance for Such discriminationteprohibitedby bfhei§in violationoflaw, publicpolicy, legislation,courtdecisionofadministrativeruling.
The above does not apply to fines of penalties imposed because of discrimination.
Includescopyrightedmaterialof Insurance Services Office, Inc., with its permission.