Alameda City Council
October 17, 2023

The following is added to Paragraph C. Who Is An
whichever is less.
c Insurance Services Office, Inc., 2012
BOM0008660-06
City of Alameda, its Council, Officers, Employees, Board and Commissions POLICY NUMBER: BUSINESSOWNERS
BP 04 48 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED DESIGNATED PERSON

OR ORGANIZATION
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE
Name Of Additional Insured Person(s) Or Organizatio n(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II

Liability is amended as follows: B. With respect to the insurance afforded to these additional insureds, the following is added to
Paragraph D. Liability And Medical Expenses
Limits Of Insurance:

1. Insured:

3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts
or omissions or the acts or omissions of those
acting on your behalf in the performance of
your ongoing operations or in connection with
your premises owned by or rented to you.

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

Required by the contract or agreement; or

2. Available under the applicable Limits Of
Insurance shown in the Declarations;
This endorsement shall not increase the
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
applicable Limits Of Insurance shown in the
Declarations.
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

BP 04 48 07 13
A.

The following is added to Paragraph C. Who Is An
whichever is less.
c Insurance Services Office, Inc., 2012
BOM0008660-06
Park Street Business Association DBA Downtown Alameda Business Association POLICY NUMBER: BUSINESSOWNERS BP 04 53 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.WATER BACK-UP AND SUMP OVERFLOWThis endorsement modifies insurance provided under the following:BUSINESSOWNERS COVERAGE FORMSCHEDULECovered Property Annual Aggregate Limit Of Insurance Business Income And Extra Expense Annual Aggregate Limit Of Insurance Premises Number Information required to complete this Schedule, if not shown above, will be shown in the Declarations.A.WewillpayfordirectphysicallossordamagetoCoveredProperty,coveredunderSectionI Property, caused by or resulting from:C.ThemostwewillpayforthecoverageprovidedunderthisendorsementforalldirectphysicallossordamagetoCoveredPropertyistheCoveredPropertyAnnualAggregateLimitofInsurance.Thatlimitis$5,000perlocation,unlessadifferentCoveredPropertyAnnualAggregateLimitOfInsuranceisindicatedintheScheduleofthisendorsement.1.Waterorwaterbornematerialwhichbacksupthroughoroverflowsorisotherwisedischargedfrom a sewer or drain; or2.Waterorwaterbornematerialwhichoverflowsorisotherwisedischargedfromasump,sumppumporrelatedequipment,eveniftheoverflowordischargeresultsfrommechanicalbreakdownofasumppumporitsrelatedequipment. TheapplicableCoveredPropertyAnnualAggregateLimitofInsuranceisthemostwewillpayunderthisendorsementforthetotalofalldirectphysicallossordamagesustainedinanyonepolicyyear,regardlessofthenumberofoccurrencesthatcauseorresultinlossordamagetoCoveredProperty.IflosspaymentforthefirstsuchoccurrencedoesnotexhausttheapplicableLimitofInsurance,thenthebalanceofthatlimitisavailableforsubsequentlossordamagesustainedin,butnotafter,thatpolicyyear.Withrespecttoanoccurrencewhichbeginsinonepolicyyearandcontinuesorresultsinadditionallossordamageinasubsequentpolicyyear(s),alllossordamageisdeemedtobesustainedinthepolicy year in which the occurrence began.

However,withrespecttoParagraphA.2.,wewillnotpaythecostofrepairingorreplacingasumppumporitsrelatedequipmentintheeventofmechanical breakdown.B.ThecoveragedescribedinParagraphA.ofthisendorsementdoesnotapplytolossordamageresulting from:1.Aninsured'sfailuretokeepasumppumporitsrelated equipment in proper working condition;Aninsured'sfailuretoperformtheroutinemaintenanceorrepairnecessarytokeepasewer or drain free from obstructions; or 3.Sumppumpfailurewhichiscausedbyorresultsfromfailureofpower,unlessthispolicyisendorsedtocoverpowerfailureaffectingthedescribed premises.

BP 04 53 07 13 PagecInsurance Services Office, Inc., 2012

2. of
BOM0008660-06
1 2
$2,500 $2,500
D.ThefollowingprovisionsapplytoSectionI
Propertyandsupersedeanyprovisionstothecontrary: E.Withrespecttothecoverageprovidedunderthisendorsement,theWaterExclusioninSectionI Propertyisreplacedbythefollowing:The most we will pay under: Water1.ParagraphA.5.f.BusinessIncomeAdditionalCoverageforalllossofBusinessIncomeyousustainduetothenecessarysuspensionofyour"operations"causedbydirectphysicallossordamagetoCoveredPropertyasdescribedinParagraphA.ofthisendorsement;and 1.Flood,surfacewater,waves(includingtidalwaveandtsunami),tides,tidalwater,overflowofanybodyofwater,orsprayfromanyofthese,allwhetherornotdrivenbywind(including storm surge);Mudslide or mudflow; 3.Waterunderthegroundsurfacepressingon,or flowing or seeping through: 2.ParagraphA.5.g.ExtraExpenseAdditionalCoverageforallnecessaryExtraExpenseyouincurandthatyouwouldnothaveincurrediftherehadbeennodirectphysicallossordamagetoCoveredPropertyasdescribedinParagraphA.ofthisendorsement;a.surfaces; b.c.Basements, whether paved or not; or Doors, windows or other openings; or istheBusinessIncomeAndExtraExpenseAnnualAggregateLimitofInsurance.Thatlimitis$5,000perlocation,unlessadifferentBusinessIncomeAndExtraExpenseAnnualAggregateLimit Of Insurance is shown in the Schedule.4.WaterbornematerialcarriedorotherwisemovedbyanyofthewaterreferredtoinParagraph1.or3.,ormaterialcarriedorotherwise moved by mudslide or mudflow.Thisexclusionappliesregardlessofwhetheranyoftheabove,inParagraphs1.through4.,iscausedbyanactofnatureorisotherwisecaused.Anexampleofasituationtowhichthisexclusionappliesisthesituationwhereadam,levee,seawallorotherboundaryorcontainmentsystemfailsinwholeorinpart,foranyreason,tocontainthe water.TheapplicableBusinessIncomeAndExtraExpenseAnnualAggregateLimitofInsuranceisthemostwewillpayunderthisendorsementforthetotalofalllossofBusinessIncomeyousustainandExtraExpenseyouincurinanyonepolicyyear,regardlessofthenumberofoccurrencesthatcauseorresultinlossordamagetoCoveredPropertyasdescribedinParagraphA.ofthisendorsement.Iflosspaymentduringanearlier"periodofrestoration"inthepolicyyeardoesnotexhausttheapplicableLimitofInsurance,thenthebalanceofthatlimitisavailableforlossofBusinessIncomeyousustainorExtraExpenseyouincurduringasubsequent"periodofrestoration"beginningin,butnotafter,thatpolicyyear.Withrespecttoa"periodofrestoration"whichbeginsinonepolicyyearandcontinuesinasubsequentpolicyyear(s),alllossofBusinessIncomeyousustainorExtraExpenseyouincurisdeemedtobesustainedorincurredinthepolicyyear in which the "period of restoration" began.

Butifanyoftheabove,inParagraphs1.through4.,resultsinfire,explosionorsprinklerleakage,wewillpayforthelossordamagecausedbythatfire, explosion or sprinkler leakage. F.Forthepurposesofthisendorsement,thetermdrain includes a roof drain and related fixtures.

Page BP 04 53 07 13

2.Foundations,walls,floorsorpaved
cInsurance Services Office, Inc., 2012of
2 2
POLICY NUMBER: BUSINESSOWNERS
BP 04 89 01 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIQUOR LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE
A. Liquor Liability Aggregate Limit:

B. Each Common Cause Limit:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II - Liability is amended as follows: (2) The furnishing of alcoholic beverages to a person under the legal drinking age or
under the influence of alcohol; orA. The insurance provided under Paragraph A.1.

Business Liability also applies to all "bodily in-
jury" or "property damage" arising out of the sell-
ing, serving or furnishing of alcoholic beverages.
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.B. For the insurance provided by this endorsement only, Paragraph B. Exclusions is amended as fol-
lows:
c. Any "bodily injury" or "property damage"
with respect to which other insurance is af-
forded, or would be afforded but for the ex-
haustion of the Limits of Insurance. 1. Paragraph 1. Applicable To Business Liabil- ity Coverages, other than Exclusions a. Ex-
pected Or Intended Injury, d. Workers'
Compensation And Similar Laws and e.

Employer's Liability, does not apply.

This exclusion does not apply if the other
insurance responds to liability for "bodily in-
jury" or "property damage" imposed on the
insured by reason of the selling, serving or
furnishing of any alcoholic beverage. 2. The following exclusions are added:

C. The following are added to Paragraph D. Liability
And Medical Expenses Limits Of Insurance:a. "Bodily injury" or "property damage" arising out of any alcoholic beverage sold, served
or furnished while any required license is
not in effect.

D. Liability And Medical Expenses Limits Of
Insurance

5. The Liquor Liability Aggregate Limit shown
in the Schedule of this endorsement is the
most we will pay for all "bodily injury" and
"property damage" as the result of the sell-
ing, serving or furnishing of alcoholic bev-
erages.
b. "Bodily injury" or "property damage" arising
out of "your product". This exclusion does
not apply to "bodily injury" or "property dam-
age" for which the insured or the insured's
indemnities may be held liable by reason of:
(1) Causing or contributing to the intoxica-
tion of any person;
BP 04 89 01 10 Page 1 of 2
This insurance does not apply to:

Insurance Services Office, Inc., 2009c
BOM0008660-06
$2,000,000
$4,000,000

6. Subject to the Liquor Liability Aggregate
Limit, the Each Common Cause Limit
shown in the Schedule of this endorsement
is the most we will pay for all "bodily injury"
and "property damage" sustained by one or
more persons or organizations as the result
of the selling, serving or furnishing of alco-
holic beverages to any one person.

Neither the Liability And Medical Expenses
Limit of Insurance shown in the Declarations
nor its aggregate limits apply to damages aris-
ing out of the selling, serving or furnishing of
alcoholic beverages.

Insurance Services Office, Inc., 2009c

BUSINESSOWNERS
BP 04 92 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 92 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 /G6f/G6f/G6f/G6f

TOTAL POLLUTION EXCLUSION
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
Exclusion B.1.f. Pollution in Section II – Liability is replaced by the following:

This insurance does not apply to:
f. Pollution
(1) "Bodily injury" or "property damage" which
would not have occurred in whole or part but for
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of "pollutants" at any time.
(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 govern-
mental authority for damages because of
testing for, monitoring, cleaning up, remov-
ing, containing, treating, detoxifying or neu-
tralizing, or in any way responding to, or as-
sessing the effects of, "pollutants".

BUSINESSOWNERS
BP 05 01 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 05 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 /G6f/G6f/G6f/G6f

CALCULATION OF PREMIUM
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
The following is added:

The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued.

On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect.

BUSINESSOWNERS
BP 05 17 01 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 05 17 01 06 © ISO Properties, Inc., 2005 Page 1 of 1 !!!!

EXCLUSION – SILICA OR SILICA-RELATED DUST

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

A. The following exclusion is added to Paragraph B.

Exclusions in Section II – Liability:

B. Exclusions
This insurance does not apply to:

SILICA OR SILICA-RELATED DUST

1. "Bodily injury" arising, in whole or in part, out
of the actual, alleged, threatened or sus-
pected inhalation of, or ingestion of, "silica"
or "silica-related dust".

2. "Property damage" arising, in whole or in
part, out of the actual, alleged, threatened
or suspected contact with, exposure to, ex-
istence of, or presence of, "silica" or "silica-
related dust".

3. "Personal and advertising injury" arising, in
whole or in part, out of the actual, alleged,
threatened or suspected inhalation of, in-
gestion of, contact with, exposure to, exis-
tence of, or presence of, "silica" or "silica-
related dust".

4. Any loss, cost or expense arising, in whole
or in part, out of the abating, testing for,
monitoring, cleaning up, removing, contain-
ing, treating, detoxifying, neutralizing, reme-
diating or disposing of, or in any way re-
sponding to or assessing the effects of,
"silica" or "silica-related dust", by any in-
sured or by any other person or entity.

B. The following definitions are added to Paragraph
F. Liability And Medical Expenses Definitions in
Section II – Liability:

1. "Silica" means silicon dioxide, (occurring in
crystalline, amorphous and impure forms), sil-
ica particles, silica dust or silica compounds.

2. "Silica-related dust" means a mixture or combi-
nation of silica and other dust or particles.

BUSINESSOWNERS
BP 05 24 01 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 05 24 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2

EXCLUSION OF CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE

The Exception Covering Certain Fire Losses (Paragraph B.2.) applies to property located in the following state(s):

CA, GA, HI, IA, IL, ME, MO, NC, NJ, NY, OR, RI, WA, WI & WV Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. The following provisions are added to the
Businessowners Policy and apply to Property and
Liability Coverages:

1. The following definition is added with respect to
the provisions of this endorsement:
"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; and
b. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an
individual or individuals as part of an effort
to coerce the civilian population of the
United States or to influence the policy or
affect the conduct of the United States
Government by coercion.

2. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for loss or injury or damage that is
otherwise excluded under this Policy.

B. The following provisions are added to
Businessowners Standard Property Coverage
Form BP 00 01, Businessowners Special Property
Coverage Form BP 00 02 or Section I – Property
of Businessowners Coverage Form BP 00 03:

1. The following exclusion is added:

CERTIFIED ACT OF TERRORISM

EXCLUSION
We will not pay for loss or damage caused
directly or indirectly by a "certified act of
terrorism". Such loss or damage is excluded
regardless of any other cause or event that
contributes concurrently or in any sequence to
the loss.

2. Exception Covering Certain Fire Losses
The following exception to the exclusion in
Paragraph B.1. applies only if indicated and as
indicated in the Schedule of this endorsement.

If a "certified act of terrorism" results in fire, we
will pay for the loss or damage caused by that
fire. Such coverage for fire applies only to
direct loss or damage by fire to Covered
Property. Therefore, for example, the coverage
does not apply to insurance provided under
Business Income and/or Extra Expense
Additional Coverages.

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.

C. The following provision is added to the
Businessowners Liability Coverage Form
BP 00 06 or Section II – Liability of the
Businessowners Coverage Form BP 00 03:

1. The following exclusion is added:

This insurance does not apply to:

TERRORISM
"Any injury or damage" arising, directly or
indirectly, out of a "certified act of terrorism".

2. The following definition is added:

For the purposes of this endorsement, "any
injury or damage" means any injury or damage
covered under any Coverage Form to which
this endorsement is applicable, and includes
but is not limited to "bodily injury", "property
damage" or "personal and advertising injury"
as may be defined in any applicable Coverage
Form.

POLICY NUMBER: BUSINESSOWNERS
BP 06 86 05 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA - HIRED AUTO AND NON-OWNED

AUTO LIABILITY
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE
Coverage Additional Premium
A. Hired Auto Liability
B. Non-owned Auto Liability
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

For insurance provided by this endorsement only:

1. The exclusions under Paragraph B.1. Appli-
cable To Business Liability Coverage in
Section II - Liability, other than Exclusions a.,
b., d., f. and i. and the Nuclear Energy Liability
Exclusion, are deleted and replaced by the fol-
lowing:

A. Insurance is provided only for those coverages for
which a specific premium charge is shown in the
Declarations or in the Schedule.
"Bodily injury" to:

Hired Auto Liability
(1) An "employee" of the insured arising out
of and in the course of:

The insurance provided under Paragraph A.1.

Business Liability in Section II - Liability
applies to "bodily injury" or "property damage"
arising out of the maintenance or use of a
"hired auto" by you or your "employees" in the
course of your business.

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 conse-
quence of Paragraph (1) above.

Non-owned Auto Liability
The insurance provided under Paragraph A.1.

Business Liability in Section II - Liability
applies to "bodily injury" or "property damage"
arising out of the use of any "non-owned auto"
in your business by any person.

This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
BP 06 86 05 17 Page 1 of 2c Insurance Services Office, Inc., 2009

2. B.
a.
(a)

1. BOM0008660-06
$77
$136
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of injury.
b. Any partner or "executive officer" for any
"auto" owned by such partner or officer
or a member of his or her household;
This exclusion does not apply to: Any person while empl oyed in or other- wise engaged in duties in connection
with an "auto business", other than an
"auto business" you operate;
(1) Liability assumed by the insured under
an "insured contract"; or
(2) "Bodily injury" arising out of and in the
course of domestic employment by the
insured unless benefits for such injury
are in whole or in part either payable or
required to be provided under any work-
ers' compensation law.
d. The owner or lessee (of whom you are a
sublessee) of a "hired auto" or the
owner of a "non-owned auto" or any
agent or "employee" of any such owner
or lessee; or
e. Any person or organization for the con-
duct of any current or past partnership
or joint venture that is not shown as a
Named Insured in the Declarations.
"Property damage" to:
(1) Property owned or being transported by,
or rented or loaned to the insured; or
(2) Property in the care, custody or control
of the insured. C. For the purposes of this endorsement only, Para- graph H. Other Insurance in Section III - Com-
mon Policy Conditions is replaced by the follow-
ing:

Paragraph C. Who Is An Insured in Section II
- Liability is replaced by the following:

D.

This insurance is excess over any primary insur-
ance covering the "hired auto" or "non-owned
auto".

1. Each of the following is an insured under
this endorsement to the extent set forth be-
low:

The following additional definitions apply: You;

1. "Auto business" means the business or occu-
pation of selling, repairing, servicing, storing or
parking "autos".
b. Any other person using a "hired auto"
with your permission;
For a "non-owned auto":

2. "Hired auto" means any "auto" you lease, hire,
rent or borrow. This does not include any
"auto" you lease, hire, rent or borrow from any
of your "employees", your partners or your "ex-
ecutive officers" or members of their house-
holds.
(1) Any partner or "executive officer" of
yours; or
Any "employee" of yours;

2. but only while such "non-owned auto" is
being used in your business; and

3. "Non-owned auto" means any "auto" you do
not own, lease, hire, rent or borrow which is
used in connection with your business. This in-
cludes "autos" owned by your "employees",
your partners or your "executive officers", or
members of their households, but only while
used in your business or your personal affairs.
d. Any other person or organization, but
only for their liability because of acts or
omissions of an insured under a., b. or
c. above.
a.
c.

None of the following is an insured:
a. Any person engaged in the business of
his or her employer for "bodily injury" to
any co-"employee" of such person in-
jured in the course of employment, or to
the spouse, child, parent, brother or sis-
ter of that co-"employee" as a conse-
quence of such "bodily injury", or for any
obligation to share damages with or re-
pay someone else who must pay dam-
ages because of the injury;
(2)

2. c.
b.

BUSINESSOWNERS
BP 07 78 07 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 07 78 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 8

RESTAURANTS

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

A. The following are added to Paragraph A.5.

Additional Coverages of Section I – Property:
a. Reward Payment
(1) We will reimburse you for re wards paid
as follows:
(a) Up to $5,000 to an eligible person for
information leading to the arrest and
conviction of any person or persons
committing a crime resulting in loss
of or damage to Covered Property
from a Covered Cause of Loss.

However, we wil l pay no more than
the lesser of the following amounts:
(i) Actual cash value of the Covered
Property at the time of loss or
damage, but not more than the
amount required to repair or
replace it; or
(ii) The amount determined by the
loss settlement proce dure
applicable to the Covered
Property under the Loss Payment
Condition.
(b) Up to $5,000 to an eligible person for
the return of stolen Covered
Property, when the loss is caused by
theft. However, we will pay no more
than the lesser of the following
amounts:
(i) Actual cash value based on the
condition of the Covered Property
at the time it is returned, but not
more than the amount required to
repair or replace it; or
(ii) The amount determined by the
loss settlement procedure
applicable to the returne d
Covered Property under the Loss
Payment Condition.
(2) This Additional Coverage applies ,
subject to the following conditions:
(a) An eligible person means that
person designated by a law
enforcement agency as being the
first to voluntarily provide the
information leading to the arrest and
conviction or return of the stolen
Covered Property, and who is not:
(i) You or any family member;
(ii) Your employee (including a
temporary or leased employee)
or any of his or her family
members;
(iii) An employe e of a law
enforcement agency;
(iv) An employee of a business
engaged in property protection;
(v) Any person who had custody of
the Covered Property at the time
the theft was committed; or
(vi) Any person involved in the crime.
(b) No reward will be re imbursed unless
and until the person(s) committing
the crime is (are) convicted or the
Covered Property is returned.
(c) The lesser of the amount of the
reward or $5,000 is the most we will
reimburse for loss under this
Additional Coverage in any one
occurrence.
b. Brands And Labels
(1) If branded or labeled merchandise that
is Covered Property is damaged by a
Covered Cause of Loss, we may take all
or any part of the property at an agreed
or appraised value. If so, you may:
(a) Stamp the word salvage on the
merchandise or its containers, if the
stamp will not physically damage the
merchandise; or

(b) Remove the brands or labels, if
doing so will not physically damage
the merchandise. You must relabel
the merchandise or its containers to
comply with the law.
(2) We will pay reasonable costs you incur
to perform the activity described in
Paragraph (a) or (b) above. But the total
we pay for these costs and the value of
the damaged property will not exceed
the applicable Limit of Insurance on
such property.
c. Ordinance Or Law – Equipment
Coverage
(1) Subject to Paragraph (2), if a Covered
Cause of Loss occurs to equipment that
is Covered Property, we will pay to
repair or replace the equipment as
required by law.
(2) If a Covered Cause of Loss occurs to
refrigeration equipment that is Covered
Property, we will pay:
(a) The cost to reclaim the refrigerant as
required by law;
(b) The cost to retrofit the equipment to
use a non -CFC refrigerant as
required by the Clean Air Act of
1990, and any amendments t hereto
or any other similar laws; and
(c) The increased cost to recharge the
system with a non-CFC refrigerant.
(3) The terms of this coverage apply
separately to each piece of covered
equipment.
(4) We will not pay under this Additional
Coverage for th e costs associated with
the enforcement of or compliance with
any ordinance or law which requires any
insured or others to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of
"pollutants", "fungi", wet rot or dry rot.
(5) Loss to the equipment will be
determined as follows:
(a) If the equipment is repaired or
replaced, on the same or another
premises, we will not pay more than
the lesser of:
(i) The amount you actually spend
to r epair the equipment, but not
for more than the amount it would
cost to replace the equipment
with equipment of the same kind
and quality; or
(ii) The Limit Of Insurance shown in
the Declarations as applicable to
the covered Building or Business
Personal Property.
(b) If the equipment is not repaired or
replaced, we will not pay more than
the lesser of:
(i) The actual cash value of the
equipment at the time of loss; or
(ii) The Limit Of Insurance shown in
the Declarations as applicable to
the Building or Business Personal
Property.
(c) We will not pay for loss due to any
ordinance or law that:
(i) You were required to comply with
before the loss, even if the
equipment was undamaged; and
(ii) You failed to comply with.
d. Lock Replacement
(1) We will pay for the cost to repair or
replace locks at the described premises
due to theft or other loss to keys.
(2) The most we will pay under this
Additional Coverage for all loss or
damage in any one occurrence is
$1,000.
(3) A per occurrence deductible of $100 will
apply.
e. Spoilage Coverage
(1) We will pay for the loss of "perishable
stock" caused by:
(a) A change in temperature or humidity
resulting from mechanical
breakdown or failure of refrigeration,
cooling or humidity control apparatus
or equipme nt, only while such
apparatus or equipment is at the
described premises;
(b) Contamination by a refrigerant; and
(c) Power outage, meaning change in
temperature or humidity resulting
from complete or partial interruption
of electrical power, either on or off
the described premises, due to
conditions beyond your control.
(2) The most we will pay for loss unde r this
Additional Coverage is $10,000 unless a
different Limit Of Insurance for spoilage
coverage is shown in the Declarations.

BP 07 78 07 13 © Insurance Services Office, Inc., 2012 Page 3 of 8

(3) The value of the "perishable stock" will
be the selling price, as if no loss or
damage had occurred, less discounts
and expenses you otherwise would
have had.
(4) This Additional Coverage does not apply
if the spoilage results from:
(a) Earth movement;
(b) Governmental action;
(c) Nuclear hazard;
(d) War and military action;
(e) Water;
(f) The disconnection of any
refrigerating, cooling or humidity
control system from the source of
power;
(g) The deactivation of electrical power
caused by the manipulation of a ny
switch or other device used to
control the flow of electrical power or
current;
(h) The inability of an electrical utility
company or other power source to
provide sufficient power due to:
(i) Lack of fuel; or
(ii) Governmental order;
(i) The inability of a power source at the
described premises to provide
sufficient power due to lack of
generating capacity to meet demand;
and
(j) Breaking of any glass that is a
permanent part of any refrigerating,
cooling or humidity control unit.
(5) We will not pay for loss or damage in
any one occurrence until the amount of
loss or damage exceeds the deductible
shown in the Declarations. We will then
pay the amount of loss or damage in
excess of that deductible, up to the
applicable Limit of Insurance. No o ther
deductible in this policy applies to the
coverage provided by this Additional
Coverage.
(6) You must maintain a refrigeration
maintenance or service agreement. If
you voluntarily terminate this agreement
and do not notify us within 10 days , the
spoilage coverage provided by this
Additional Coverage will be
automatically suspended at the involved
location.

However, coverage provided by this
Additional Coverage is restored upon:
(a) Reinstatement of the applicable
refrigeration maintenance or service
agreement; or
(b) Procurement of a replacement
refrigeration maintenance or service
agreement.

A refri geration maintenance agreement
means a written service contract,
between you and the refrigeration
service organization, which provides for
regular perio dic inspection of the
refrigeration equipment at the insured
location, and the servicing and repair of
the equipment, including emergency
response at the insured location.
f. Food Contamination
(1) If your business at the described
premises is ordered closed by the Board
of Health or any other governmental
authority as a result of the discovery or
suspicion of "food contamination ", we
will pay:
(a) Your expense to clean your
equipment as required by the Board
of Health or any other governmental
authority;
(b) Your expense to replace food which
is, or is suspected to be,
contaminated;
(c) Your expense to provide necessary
medical tests or vaccinations for your
employees (including temporary or
leased employee s) who are
potentially infected by the "food
contamination". However, we will not
pay for any expense that is
otherwise covered under a Workers'
Compensation policy;
(d) The loss of Business Income you
sustain due to the necessary
suspension of your "operations". The
coverage for Business Income wi ll
begin 24 hours after you receive
notice of closing from the Board of
Health or any other governmental
authority; and
(e) Additional advertising expenses you
incur to restore your reputation.
(2) The definition of Business Income in the
Business Income Additional Coverage
also applies to this Food
Contamination Additional Coverage.

(3) The most we will pay for all loss in any
one occurrence under Paragraphs (1)(a)
through (1)(d), including Business
Income, is $10,000, unless a higher
Food Contaminatio n Limit Of Insurance
is indicated in the Declarations.

The most we will pay for all loss in any
one occurrence under Paragraph (1)(e)
is $3,000, unless a higher Additional
Advertising Expenses Limit Of Insurance
is indicated in the Declarations.
(4) We wi ll not pay any fines or penalties
levied against you by the Board of
Health or any other governmental
authority as a result of the discovery or
suspicion of food contamination at the
described premises.
(5) With respect to the coverage provided
under this Paragraph f., Exclusion B.1.j.

Virus Or Bacteria in Section I – Property
does not apply.

B. If the Employee Dishonesty Optional Coverage is
shown as an applicable coverage in the
Declarations, the following is added to Paragraph

3. Employee Dishonesty of Paragraph G.

Optional Coverages of Section I – Property and
is subject to the provisions of that paragraph:

We will also pay for loss of or damage to
"money", "securities" and "other property"
sustained by your customer resulting directly
from theft committed by an identified
employee, acting alone or in collusion with
other persons.

The property covered under this coverage is
limited to property:
a. That your customer owns or leases; or
b. That your customer holds for others.

Coverage applies only while the property is in a
covered Building at the premises described in
the Declarations.

However, this insurance is for your benefit
only. It provides no rights or benefits to any
other person or organization, including your
customer. Any claim for loss that is covered
under this coverage must be presented by you.

C. For coverage provided under this endorsement ,
the following definitions are added to Paragraph H.

Property Definitions of Section I – Property:

1. "Food contamination" means an outbreak of
food poisoning or food-related illness of one or
more persons arising out of:
a. Tainted food you distributed or purchased;
b. Food which has been improperly
processed, stored, handled or prepared in
the course of your business operations; or
c. Food which has been contaminated by
virus or bacteria transmitted through one or
more of your employees , including
temporary or leased employees.

2. "Other property" means any tangible property
other than "money" and "securities" that has
intrinsic value but does n ot include any
property specifically excluded under this policy.

3. "Perishable stock" means property:
a. Maintained under controlled temperature or
humidity conditions for its preservation; and
b. Susceptible to loss or damage if the
controlled temperature or humidity
conditions change.

D. The following are added to Paragraph A.

Coverages of Section II – Liability:

1. Delivery Errors And Omissions Coverage
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of a failure to deliver or a
misdelivery of items you hold for sale by
you, any of your "employees" or by a
concessionaire trading under your name.

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 delivery errors and
omissions to which this insurance does not
apply. We may, at our discretion,
investigate the circumstances of any
misdelivery or failure to deliver and set tle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Paragraph 1.e.
below;

BP 07 78 07 13 © Insurance Services Office, Inc., 2012 Page 5 of 8

(2) We will not pay for loss or damage in
any one occurrence until the amount of
loss or damage exceeds $250. We will
then pay the amount of loss or damage
in excess of $250 up to the applicable
Limit of Insurance for this coverage; and
(3) 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 this Delivery Errors
And Omissions Coverage.
b. This coverage applies only to errors in
deliveries that take place or omissions of
such deliveries that should have taken
place in the "coverage territory" and during
the policy period.
c. This coverage does not apply to:
(1) Intentional error or intentional
misdelivery or failure to deliver "your
product".
(2) "Bodily injury", "property damage" or
"personal and advertising injury".
(3) Discrimination based on a customer's
race, color, national origin , religion,
gender, marital status, age, sexual
orientation or preference, physical or
mental condition or residence location.
d. The Supplementary Payments provision
applicable to the Bodily Injury , Property
Damage, and Personal And Advert ising
Injury Li ability Coverages also applies to
this Delivery Errors And Omissions
Coverage.
e. The most we will pay for the sum of all
damages under this coverage because of
all failures or misdeliveries is $10,000 in
any annual period starting with the
beginning of t he policy period shown in the
Declarations. This limit applies separately
to each premises described in the
Declarations.
f. The following replaces the Duties In The
Event Of Occurrence, Offense, Claim Or
Suit Condition under Paragraph E. Liability
And M edical Expenses General
Conditions of Section II – Liability for the
Delivery Errors Or Omissions Coverage:

Duties In The Event Of A Delivery Error
Or Omission
(1) You must see to it that we are notified
as soon as practicable of an error or
omission which may result in a claim. To
the extent possible, notice should
include:
(a) How, when and where the error or
omission took place; and
(b) The name(s) and address(es) of the
affected customer(s).
(2) If a claim is made or "suit" is brought
against any insured, you must:
(a) Immediately record the specifics of
the claim or "suit" and the date
received; and
(b) 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.
(3) You and a ny othe r involved insured
must:
(a) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(b) Authorize us to obtain records and
other information;
(c) Cooperate with us in our
investigation or settlement of the
claim or defense against the "suit";
and
(d) 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 error
or omission to which this insu rance
may apply.

(4) No insured will, except at that insured's
own cost, voluntarily make a payment,
assume any obligation, or incur any
expense without our consent.

2. Merchandise Withdrawal Expenses
Coverage
a. We will reimburse you for "merchandise
withdrawal expenses" incurred because of
"merchandise withdrawal" to which this
insurance applies.
b. This insurance applies to a "merchandise
withdrawal" only if the "merchandise
withdrawal" is initiated in the "coverage
territory" during the policy period because:
(1) You determine that the "merchandise
withdrawal" is necessary; or
(2) An au thorized government entity has
ordered you to conduct a "merchandise
withdrawal".
c. The initiation of a "merchandise withdrawal"
will be deemed to have been made only at
the earliest of the following times:
(1) When you first announced, in any
manner, to the general public, your
vendors or to your "employees" (other
than those "employees" directly involved
in making the determination) your
decision to conduct or p articipate in a
"merchandise withdrawal". This applies
regardless of whether the determination
to conduct a "merchandise withdrawal"
is made by you or is requested by a
third party; or
(2) When you first received, either orally or
in writing, notification of an order from
an authorized government entity to
conduct a "merchandise withdrawal".
d. "Merchandise withdrawal expenses"
incurred to withdraw "your product s" which
contain the same or substantially similar
"defects" will be deemed to have arisen out
of the same "merchandise withdrawal".
e. We will not pay for loss or damage in any
one occurrence until the amount of loss or
damage exceeds $250. We will then pay
the amount of loss or damage in excess of
$250 up to the applicable Limit of Insurance
for this coverage.
f. This insurance does not apply to
"merchandise withdrawal expense" arising
out of:
(1) Any "merchandise withdrawal" initiated
due to:
(a) The failure of "your product" to
accomplish its intended purpose,
including any breach of warrant y of
any kind, whether written or implied.

This exclusion does not apply if such
failure has caused or is reasonably
expected to cause "bodily injury".
(b) Copyright, patent, trade secret, trade
dress or trademark infringement.
(c) Transformation of a c hemical nature,
deterioration, or decomposition of
"your product" . This exclusion does
not apply if it is caused by:
(i) An error in manufacturing,
design, or processing;
(ii) Transportation of "your product";
or
(iii) "Merchandise tampering".
(d) Expiration of the designated shelf life
of "your product"; or
(2) A "defect" in "your product" known to
exist by you or your "executive officers",
prior to the date this endorsement was
first issued to you or prior to the time
"your product" leaves your contr ol or
possession;
(3) Recall of any specific product for which
"bodily injury" or "property damage" is
excluded under Paragraph A.

Coverages of Section II – Liability by
endorsement;
(4) Recall when "your product" or a
component contained within "your
product" has been:
(a) Banned from the market by an
authorized government entity prior to
the policy period; or
(b) Distributed or sold by you
subsequent to any governmental
ban;
(5) The defense of a claim or "suit" against
you for liability arising out of a
"merchandise withdrawal"; or
(6) The costs of regaining goodwill, market
share, revenue or "profit" or the costs of
redesigning "your product".

BP 07 78 07 13 © Insurance Services Office, Inc., 2012 Page 7 of 8

g. The most we will reimburse you for the sum
of all "merchandise withdrawal expenses"
incurred for al l "merchandise withdrawals"
initiated during the policy period is $25,000.
h. The following replaces the Duties I n The
Event Of Occurrence, Offense, Claim Or
Suit Condition under Paragraph E. Liability
And Medical Expenses General
Conditions of Section II – Liability for the
Merchandise Withdrawal Expenses
Coverage:

Duties In The Event Of A Defect Or A
Merchandise Withdrawal
(1) You must see to it that we are notified
as soon as practicable of any actual,
suspected or threatened "defect" in
"your product" or any governmental
investigation, that may result in a
"merchandise withdrawal". To the extent
possible, notice should include:
(a) How, when and where the "defect"
was discovered;
(b) The names and addresses of any
injured persons and witnesses; and
(c) The nature, location and
circumstances of any injury or
damage arising out of use or
consumption of "your product".
(2) If a "merchandise withdrawal" is
initiated, you must:
(a) Immediately record the specifics of
the "merchandise withdrawal" and
the date it was initiated; and
(b) Notify us as soon as practicable.

You must see to it that we receive
written notice of the "merchandise
withdrawal" as soon as practicable.
(3) You must promptly take all reasonable
steps to mitigate the expenses
associated with a "merchandise
withdrawal". Any "profit" that you receive
from mitigating the expenses will be
deducted from the amount of
reimbursement that you will receive for
"merchandise withdrawal expenses".
(4) You and any other involved insured
must:
(a) Immediately send us copies of
pertinent correspondence received in
connection with the "merchandise
withdrawal";
(b) Authorize us to obtain records and
other information; and
(c) Cooperate with us in our
investigation of the "merchandise
withdrawal".

E. For coverage provided under this endorsement ,
the following are added to Paragraph F. Liability
And Medical Expenses Definitions of Section II
– Liability:

1. "Defect" means a defect, deficiency or
inadequacy that creates a dangerous
condition.

2. "Merchandise tampering" is an act of
intentional alteration of "your product" which
has caused or is reasonably expected to cause
"bodily injury".

When "merchandise tampering" is known,
suspected or threatened, a "merchandise
withdrawal" will be limited to tho se batches of
"your product" which are known or suspected
to have been tampered with.

3. "Merchandise withdrawal" means the recall or
withdrawal:
a. From the market; or
b. From use by any other person or
organization;
of "your products" or products whic h contain
"your products", because of known or
suspected "defects" in "your product", or known
or suspected "product tampering", which has
caused or is reasonably expected to cause
"bodily injury".

4. "Merchandise withdrawal expenses" means
those reasonab le and necessary extra
expenses listed below, paid and directly related
to a "merchandise withdrawal":
a. Costs of notification;
b. Costs of stationery, envelopes, production
of announcements and postage or
facsimiles;
c. Costs of overtime paid to your regular
nonsalaried employees and costs incurred
by your employees including costs of
transportation and accommodations;
d. Costs of computer time;
e. Costs of hiring independent contractors and
other temporary employees;
f. Costs of transportation, shi pping or
packaging;
g. Costs of warehouse or storage space; or
h. Costs of proper disposal of "your product s"
or products that contain "your products" that
cannot be reused, not exceeding your
purchase price or your cost to produce the
products.

5. "Profit" means the positive gain from business
operation after subtracting for all expenses.

F. With respect to "bodily injury" or "property
damage" arising out of "your products"
manufactured, sold, handled or distributed in
conjunction with the conduct of your restaurant
operation, when conducted by you or on your
behalf, Paragraph a. of the definition of "products -
completed operations hazard" in Paragraph F.

Liability And Medical Expenses Definitions of
Section II – Liability is replaced by the following:
a. Includes all "bodily injury" and "property
damage" that arises out of "your products" if
the "bodily injury" or "property damage"
occurs after you have relinquished
possession of those products.

BUSINESSOWNERS
BP 14 86 07 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 14 86 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

COMMUNICABLE DISEASE EXCLUSION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following exclusion is added to Par agraph B.

Exclusions in Section II – Liability:

Communicable Disease
This insurance d oes not apply to "b odily injury" ,
"property damage " or "personal and advertising
injury" arising out of the actual or alleged
transmission of a communicable disease.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the:
a. Supervising, hiring, employ ing, trai ning or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the
disease; or
d. Failure to report the disease to authorities.

BUSINESSOWNERS
BP 14 88 07 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to Paragraph H. Other
Insurance of Section III – Common Policy
Conditions and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:

1. The additional insured is a Named Insured
under such other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to the additional
insured.

POLICY NUMBER: BUSINESSOWNERS
BP 15 11 12 16

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 15 11 12 16 © Insurance Services Office, Inc., 2016 Page 1 of 2

EXCLUSION – UNMANNED AIRCRAFT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE

Bodily Injury And Property Damage:

Paragraph A. in this endorsement does not apply if an "X" is shown in the box.

Personal And Advertising Injury:

Paragraph B. in this endorsement does not apply if an "X" is shown in the box.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Liability is amended as follows:

A. Exclusion B.1.g. is replaced by the following:

This insurance does not apply to:
g. Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft that is an
"unmanned aircraft". Use includes
operation and "loading or unloading".

This Paragraph g.(1) 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 that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned
Aircraft), Auto Or Watercraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft (other than
"unmanned aircraft"), "auto" or
watercraft owned or operated by or
rented or loaned to any insured. Use
includes operation and "loading or
unloading".

This Paragraph g.(2) 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 (other than "unmanned aircraft"),
"auto" or watercraft that is owned or
operated by or rented or loaned to any
insured.

BOM0008660-06

This Paragraph g.(2) does not apply to:
(a) A watercraft while ashore on
premises you own or rent;
(b) A watercraft you do not own that is:
(i) Less than 51 feet long; and
(ii) Not being used to carry persons
or property for a charge;
(c) 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;
(d) Liability assumed und er any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft; or
(e) "Bodily injury" or "property damage"
arising out of:
(i) 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
(ii) The operation of any of the
following machinery or
equipment:
i. Cherry pickers and similar
devices mounted on
automobile or truck chassis
and used to raise or lower
workers; and
ii. Air compressors, pumps and
generators, including
spraying, welding, building
cleaning, geophysical
exploration, lighting and well
servicing equipment.

B. The following is added to Exclusion B.1.p.

Personal And Advertising Injury:

This insurance does not apply to:
p. Personal And Advertising Injury
"Personal and advertising injury":

Arising out of the ownership, maintenance,
use or entrustment to others of any aircraft
that is an "unmanned aircraft". 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 offense which
caused the "personal and advertising injury"
involved the ownership, maintenance, use
or entrustment to others of any aircraft that
is an "unmanned aircraft".

This exclusion does not apply to:
(1) The use of another's advertising idea in
your "advertisement"; or
(2) Infringing upon another's copyright,
trade dress or slogan in your
"advertisement".

C. The following definition is added to Paragraph F.

Liability And Medical Expenses Definitions:
"Unmanned aircraft" means an aircraft that is not:

1. Designed;

2. Manufactured; or

3. Modified after manufacture;
to be controlled directly by a person from within or
on the aircraft.

MBP 2001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS
POLICY NUMBER:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

EQUIPMENT BREAKDOWN ENHANCEMENT ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

When a limit and or deductible is shown in the Schedule below, the coverage limit replaces the limit provided within this Equipment Breakdown Enhancement Endorsement, and the deductible replaces the deductible provided in the Businessowners Coverage Form.

SCHEDULE
The Limits and or Deductible shown in this Schedule apply to the following:

COVERAGE

LIMITS
DEDUCTIBLE:
(Dollar)
Equipment Breakdown Coverage
Pollutant Clean Up and Removal
Refrigerant Contamination
Spoilage Coverage

$ __________________
$ __________________
$ __________________
___________________

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

SECTION I – PROPERTY
A. Coverage
The following Limitations are deleted:

4. Limitations
Paragraphs A.4.a.(1) and A.4.a.(2)

5. Additional Coverages
The following Additional Coverages are added:
• Pollutant Clean-up and Removal
We will pay for the Pollutant Clean Up and Removal for loss resulting from an “ equipment breakdown”. The most we will pay for the Pollutant Clean Up and Removal is $250,000 unless a higher limit is provided in the Schedule of this endorsement. In that case, whichever limit is greater will apply.

This Additional Coverage does not apply to costs to test for, monitor or assess the existence, concentration or effects of “pollutants”. But we will pay for testing which is performed in the course of extracting the “pollutants” from the land or water at your covered location(s).

BOM0008660-06
$1,000

MARKEL INSURANCE COMPANY
MBP 2001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

• Expediting Expense
We will pay f or the expediting expense loss resulting from an “equipment breakdown” with respect to your damaged Covered Property. We will pay the “reasonable extra cost” to:
a. Make temporary repairs;
b. Expedite permanent repairs; and
c. Expedite permanent replacement.
“Reasonable extra cost” “shall mean the extra cost of temporary repair and of expediting the repair of such damaged equipment of yours, including overtime and the extra cost of express or other rapid means of transportation. This will be a part of and not an addition to the limit per occurrence. • Refrigerant Contamination
We will pay the loss from contamination by a refrigerant used in refrigerating, cooling or humidity control equipment at the described premises as a result of an “equipment breakdown”.

The most we will pay for loss or damage under this coverage is the lesser of the policy limit or $250,000 , unless a higher limit is provided in the Schedule of this endorsement. In that case, whichever limit is greater will apply.
• Spoilage Coverage
We will pay for loss of “perishable goods” due to spoilage resulting from lack of or excess power, light, heat, steam or refrigeration caused by an “equipment breakdown” to types of property covered by this policy that are:
a. Located on or within 1,000 feet of your described premises; b. Owned or used by you, owned by the building owner at your described premises, or owned by a public utility; and
c. Used to supply telephone, electricity, air conditioning, heating, gas, water or steam to your described premises.

However, we will not pay for any loss, damage, cost or expense directly caused by, contributed to by, resulting from or arising out of the following causes of loss:

Fire; lightning; combustion explosion; windstorm or hail; weight of snow; ice or sleet; falling objects; smoke; aircraft or vehicles; riot or civil commotion; vandalism; sinkhole collapse; volcanic action; leakage from fire extinguishing equipment; water; water damage; earth movement; or flood.

The most we will pay for loss or damage under this coverage is the lesser of the policy limit or $250,000 , unless a higher limit is provided in the Schedule of this endorsement. In that case, whichever limit is greater will apply.
• CFC Refrigerants
We will pay for the “additional cost” to repair or replace Covered Property because of the use or presence of a refrigerant containing CFC (chlorofluorocarbon) substances resulting from an “equipment breakdown”. “Additional costs ” mean those costs in excess of what would have been required to repair or replace covered property, had no CFC refrigerant been involved. We also pay for additional loss as described under the Spoilage or loss of income coverages provided by this endorsement, caused by the presence of a refrigerant containing CFC substances.

We pay no more than the least of the following:
a. The cost to repair the damaged property and replace any lost CFC refrigerant; b. The cost to repair the damaged property, retrofit the system to ac cept a non- CFC refrigerant, and charge the system with a non-CFC refrigerant; or
c. The cost to replace the system with one using a non-CFC refrigerant. • Computer Equipment
We will pay for loss or damage to your “computers” and “electronic data” caused by an “equipment breakdown”.
• Service Interruption
MBP 2001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Any insurance provided for Business Income and Extra Expense is extended to apply to your loss, damage or expense caused by an “equipment breakdown” to equipment that is owned by a utility, landlord or other supplier, with whom you have a contract to supply you with any of the following services:

Electrical power; waste disposal; air conditioning; refrigeration; heating; natural gas; compressed air; water; steam; internet access; telecommunications services; wide area networks; or data transmission. Loss or damage caused by a surge of power is also covered. The equipment must meet the definition of “equipment breakdown” except that it is not Covered Property.

However, we will not pay for any loss, damage, cost or expense directly caused by, contributed to by, resulting from or arising out of the following causes of loss:

Fire; lightning; combustion explosion; windstorm or hail; weight of snow; ice or sleet; falling objects; smoke; aircraft or vehicles; riot or civil commotion; vandalism; sinkhole collapse; volcanic action; leakage from fire extinguishing equipment; water; water damage; earth movement ; or flood. • Valuable Papers and Records
We will pay for your reasonable and necessary cost to research, replace and restore the lost information on “electronic data” as a result of an “equipment breakdown”.

This will be part of and not an addition to the limits provided by the “V aluable Papers and Records” Coverage Extension under the Businessowners Coverage Form. • Environmental, Safety and Energy Efficiency Improvements If Covered Property requires repair or replacement due to an “equipment breakdown”, we will pay your additional cost to replace with equipment that is better for the environment, safer, or more energy efficient than the equipment being replaced.

However, we will not pay more than 125% of what the cost would have been to repair or replace with like kind and quality. This condition does not apply to any property to which Actual Cash Value applies. • Green Environmental and Efficiency Improvements
If Covered Property requires repair or replacement due to an “equipment breakdown”, we will pay;

1. The lesser of the reasonable and necessary additional cost incurred by you to repair or replace physically damaged Covered Property with equipment of like-kind and quality which qualifies as “Green”. Like-kind and quality includes similar size and capacity.

2. The additional reasonable and necessary fees incurred by you for an accredited professional certified by a “Green Authority” to participate in the repair or replacement of physically damaged Covered Property as “Green”.

3. The additional reasonable and necessary cost incurred by you for certification or recertification of the repaired or replaced Covered Property as “Green”.

4. The additional reasonable and necessary cost incurred by you for “Green” in the removal, disposal or recycling of damaged Covered Property.

5. The Business Income and Extra Expense (if covered within the policy to which this Equipment Breakdown Enhancement Endorsement is attached) loss during the additional time required for repair or replacement of Covered Property, consistent with “Green”, in the coverages above.

We will not pay more than 125%, up to a maximum limit of $100,000, of what the cost woul d have been to repair or replace with equipment of like kind and quality inclusive of fees, costs, and any Business Income and Extra Expense loss incurred as stated above.

Green Environmental and Efficiency Improvements does not cover any of the following:

1. Covered Property does not include “stock”, raw materials, finished goods, “production machinery”, merchandise, “electronic data” processing equipment not used in the functional support of the real property, process water, molds and dies, property in the open, property of others for which you are legally liable, or personal property of others.

2. Any loss adjusted on any valuation basis other than a repair or replacement basis as per the Loss Payment section of this policy.

3. Any loss covered under any other section of this policy.

MBP 2001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

4. Any cost incurred due to any law or ordinance with which you were legally obligated to comply prior to the time of the “equipment breakdown”.

B. Exclusions
The following Exclusions are deleted:

Paragraphs 2.a. Electrical Apparatus, 2.d. Steam Apparatus and 2.o. Electrical Disturbance l. Other Types of Loss
(6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. This exclusion does not apply with respect to the breakdown of "computer(s)";
C. Deductibles
If a deductible is shown in the Schedule of this endorsement, it will replace the deductible provided in the Businessowners Coverage Form on which this endorsement is attached as follows.

1. Application of Deductibles
We will not pay for loss or damage resulting from any one occurrence until the amount of a covered loss or damage exceeds the deductible shown in the Schedule. We will then pay the amount of covered loss or damage in excess of the deductible, up to the applicable Limit of Insurance.

When the initial occurrence causes another occurrence, all will be considered on e occurrence. All occurrences at any one location that manifest themselves at the same time and are the result of the same cause will be considered one occurrence.

2. Determination of Deductibles
Dollar Deductible
If a dollar deductible is shown in the Schedule, we will first subtract the deductible amount from any loss we would otherwise pay.

D. Property General Conditions
The following Property General Conditions are added:

Suspension
Whenever Covered Property is found to be in, or exposed to a dangerous condition, any of our representatives may immediately suspend the insurance against loss or damage to that Covered Property for the perils covered by this e ndorsement. Coverage can be suspended or reinstated by delivering or mailing a written notice of suspension of coverage or reinstatement to:
a. Your last known address; or
b. The address where the property is located.

If we suspend your insurance, you will get a pro rata refund of premium. But the suspension will be effective even if we have not yet made or offered a refund.

Jurisdictional Inspections
If any Covered Property under this e ndorsement requires inspection to comply with state or municipal boiler and pressure vessel regulations, we agree to perform such inspection on your behalf. We do not warrant that conditions are safe or healthful.

E. Optional Coverages
With regards to coverage provided by this endorsement, if the Outdoor Signs Optional Coverage is sho wn as an applicable coverage in the Declarations, Paragraph G.1.c. (5) of the Outdoor Signs Optional Coverage does not apply.

The provisions of this endorsement supersede and replace the following Optional Coverages:

4. Equipment Breakdown Protection Coverage
F. Property Definitions

12. “Specified Causes of Loss" also means “equipment breakdown”.

MBP 2001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

“Equipment Breakdown” as used herein means:
a. Physical loss or damage both originating within:
(1) Boilers, fired or unfired pressure vessels, vac uum vessels, and pressure piping, all normally subject to vacuum or internal pressure other than static pressure of contents, excluding:
(a) Waste disposal piping;
(b) Any piping forming part of a fire protective system; (c) Furnaces; and
(d) Any water piping other than:
(i) Boiler feed water piping between the feed pump and the boiler; (ii) Boiler condensate return piping; or
(iii) Water piping forming part of a refrigerating or air conditioning system used for cooling, humidifying or space heating purposes.
(2) All mechanical, electrical, electronic or fiber optic equipment; and b. Caused by, resulting from, or consisting of:
(1) Mechanical breakdown;
(2) Electrical or electronic breakdown;
(3) Rupture, bursting, bulging, implosion, or steam explosion; or (4) If co vered electrical equipment requires drying out as a result of a flood, we will pay for the direct expenses of such drying out.

However, “Equipment Breakdown” will not mean:
a. Physical loss or damage caused by or resulting from any of the following; however if loss or damage not otherwise excluded results, then we will pay for such resulting damage:
(1) Wear and Tear;
(2) Rust or other corrosion, decay, deterioration, hidden or latent defect, mold or any other quality in property that causes it to damage or destroy itself;
(3) Smog;
(4) Settling, cracking, shrinking or expansion;
(5) Nesting or infestation, or discharge or release of waste products or secretions, by birds, rodents or other animals;
(6) Any accident, loss, damage, cost, claim, or expense, whether preventative, remedial, or other wise, directly or indirectly arising out of or relating to the recogni tion, interpretation, calculation, comparison, differentiation, s equencing, or processing of data by any computer system incl uding any hardware, programs or software;
(7) The following causes of loss to personal property:
(a) Scratching and marring;
(b) Dampness or dryness of atmosphere.
b. Loss, damage, cost or expense directly caused by, contributed to by, resulting from or arising out of the following causes of loss:

Fire, lightning, combustion explosion, windstorm or hail, weight of snow, ice or sleet, falling objects, smoke, aircraft or vehicles, riot or civil commotion, vandalism, sinkhole collapse, volcanic action, leakage from fire extinguishing equipment, water, water damage, earth movement or flood.

The following Definitions are added:
• “Green” means products, materials, methods and processes certified by a “Green Authority” that conserve natural resources, reduce energy or water consumption, avoid toxic or other polluting emissions or otherwise minimize environmental impact.
• “Green Authority” means an authority on “Green” buildings, products, materials, methods or processes certified and accepted by Leadership in Energy and Environmental Design (LEED®), “Green” Building Initiative Green Globes®, Energy Star Rating System or any other recognized “Green” rating system.

MBP 2001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

• “Perishable Goods” means personal property maintained under controlled conditions for its preservation and susceptible to loss or damage if the controlled conditions change. • “Production machinery” means any machine which processes, forms, shapes, or transports raw materials, materials in process, waste materials or finished products.

All other terms and conditions remain unchanged.

MBP 2008 11 16 Includes copyrighted material of Insurance Services Office, Inc., with it permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to Section III – Common Policy Conditions:

Two Or More Coverage Forms Or Policies Issued By Us
If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same “occurrence”, the aggregate maximum Limit of Insurance under all such Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 2033 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS SELECT ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

As respects any coverage provided by this endorsement, if higher limits are provided on any other Schedule, Declarations or endorsement attached to this policy, then the limits and coverage provided by this endorsement would not apply for that coverage.

SECTION I – PROPERTY

SCHEDULE OF COVERAGES LIMIT OF INSURANCE TYPE OF AMENDMENT Premises Limitation 1,000 Feet Increased Distance
Increased Cost Of Construction $25,000 Increased Limit
Appurtenant Buildings And Structures
Building
Business Person Property

$25,000
$5,000

Coverage Extension
Coverage Extension
Valuable Papers And Records
Not At Described Premises $5,000 Coverage Extension
Accounts Receivable
Not At Described Premises $5,000 Coverage Extension
Theft Damage To Rented Property $5,000 Coverage Extension Personal Property Of Others Replacement Cost Amended Valuation

SECTION II – LIABILITY

SCHEDULE OF COVERAGES TYPE OF AMENDMENT
Additional Insured – By Written Contract, Agreement, Permit Or Authorization Included Duties In The Event Of Occurrence, Offense, Claim Or Suit Included

I. Section I - Property is amended as follows:

THE AMENDMENTS AND EXTENSIONS OF COVERAGE DETAILED BELOW ARE ADDED TO THIS POLICY IF THE APPLICABLE POLICY COVERAGE IS SPECIFICALLY IDENTIFIED IN THE DECLARATIONS. THESE EXTENSIONS OF COVERAGE WILL APPLY, WHERE AVAILABLE:

1. SEPARATELY TO EACH OF YOUR PREMISES DESCRIBED IN THE DECLARATIONS; AND

2. ONLY IF THE POLICY COVERAGE(S) THAT CORRESPOND TO EACH AMENDMENT AND EXTENSION SCHEDULED ABOVE ARE SHOWN IN THE DECLARATIONS AS COVERED BY YOUR POLICY.

MARKEL INSURANCE COMPANY
MBP 2033 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the deductible.

The deductible provisions do not preclude the imposition of any applicable coverage waiting per iod, as stated in specific coverage section of this endorsement. Unless a separate deductible amount is shown in a specific coverage section of this endorsement, we will not pay for loss or damage in any one occurrence under any coverage on this endorsement until the amount of loss or damage exceeds the lesser of the Building or Business Personal Property deductible applicable to the highest valued building on the Schedule at the covered location at the time of loss.

Deductibles do not reduce the amount of insurance.

A. Premises Limitation
Any reference to “within 100 feet” of the described premises is amended to read “within 1,000 feet” of the described premises.

B. The following replaces Paragraph 5. Additional Coverages, I. Increased Cost of Construction, (6):

Increased Cost of Construction
(6) The most we will pay under this Additional Coverage, for each described building insured under Section I – Property, is the limit shown in the Schedule of this endorsement. If a damaged building(s) is covered under a blanket Limit o f Insurance which applies to more than one building or item of property, then the most we will pay under this Additional Coverage, for each damaged building, is the limit shown in the Schedule of this endorsement.

The amount payable under this Additional Coverage is additional insurance.

C. The following is added to Paragraph 5. Additional Coverages:

Appurtenant Buildings And Structures
When a Limit of Insurance is shown in the Declarations for Buildings or Business Personal Property at the described premises, you may extend that insurance to apply to direct physical loss of or damage to incidental appurtenant buildings or structures , or Business Personal Property located within the incidental appurtenant buildings or structures, within 1,000 feet of that described premises, caused by or resulting from a Covered Cause of Loss.

Incidental appurtenant buildings or structures include:
(1) Storage buildings;
(2) Carports;
(3) Garages;
(4) Pump houses; or
(5) Above ground tanks;
which have not been specifically described in the Declarations.

The most we wi ll pay for loss or damage under this Additional Coverage in any occurrence is the limi t shown in the Schedule of this endorsement.

The amount payable under this Additional Coverage is additional insurance.

D. The following changes are made to Paragraph 6. Coverage Extensions:

Valuable Papers And Records
The following is added to Paragraph e.(3):

For “valuable papers and records” not at the described premises, the most we will pay is the limit shown in the Schedule of this endorsement , unless a higher Limit of Insurance for “valuable papers and records” is shown in the Declarations.

Accounts Receivable
The following is added to Paragraph f.(2):

For accounts receivables not at the described premises, the most we will pay is the limit shown in the Schedule of this endorsement, unless a higher Limit of Insurance for accounts receivable is shown in the Declarations.

MBP 2033 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

E. The following is added to Paragraph 6. Coverage Extensions:

Theft Damage To Rented Property
When a Limit of Insurance is shown in the Declarations for Business Personal Property at the described premises, you may extend that insurance to apply to direct physical damage caused by or resulting from theft or attempted theft to:
(1) That part of a building or structure you occupy, but not own, which contains Covered Property; and (2) Property within such non -owned building or structure used fo r maintenance or service of such non -owned building.

We will not pay under this Coverage Extension for loss or damage:
(1) Caused by or resulting from fire or explosion; or
(2) To glass (other than glass building blocks) or to any lettering, ornamentation or burglar alarm tape on glass.

This Coverage Extension applies only if you are a tenant and you are contractually obligated to insure this exposure.

The most we will pay under this coverage is the limit shown in the Schedule of this endorsement.

F. The following changes are made to Paragraph E.5. Loss Payment:

Personal Property Of Others Loss Payment – Replacement Cost:

1. The following is added to Paragraph E.5.d.:

Personal property of others at replacement cost.

2. Paragraph E.5.d.(3)(b) is deleted in its entirety.

II. Section II – Liability is amended as follows:

A. Additional Insured – By Written Contract, Agreement, Permit Or Authorization The following is added to Paragraph 2. of C. Who Is An Insured:

Any person or organization to whom you are required by written contract, agreement, permit or authorization to provide insurance, but only if the contract, agreement, permit or authorization is in effect during the policy period shown in the Declarations and was executed prior to the " bodily injury", "property damage" or "personal and advertising injury". However:
(1) The person or organization is an additional insured only to the extent you are liable due to:
(a) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following provisions:
(i) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you;
(ii) This insurance does not apply to s tructural alter ations, new construction or demolition operations performed by or on behalf of the person or organization; or (iii) This insurance does not apply to n egligent acts or omissions on the part of the person or organization;
(b) Your ongoing operations for that additional insured, whether the work is performed by you or for you; (c) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions:
(i) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires or you cease to lease that equipment; and
(ii) This insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence of such person or organization;
(d) Permits or authorizations issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional provision:

MBP 2033 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for that state or municipality. (2) This insurance does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard".
(3) The insurance with respect to any manager or lessor of premises leased or rented to you and shown in the Declarations 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 person or organization who leases to you or manages property you rent or lease. (4) A vendor is an additional insured only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business, subject to the following additional provisions:

This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole neglige nce of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

This insurance does not apply to any person or organization from which you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. (5) The insurance afforded to mortgagees, assignees, or receivers arising out of the ownership, maintenance or use of premises by you does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization.
(6) The insurance afforded to architects, engineers, or surveyors does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering or failure to render any professional services by or for you, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities.

MBP 2033 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

(7) A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.
(8) No coverage will be provided if, in the absence of this endorsement, no liability will be imposed by law on you.

Coverage will be limited to the extent of your negligence or fault according to the applicable principles o f comparative fault.
(9) The insurance provided to such automatic additional insureds:
(a) Only applies to the extent permitted by law; and
(b) Will not be broader than that which you are required by the contract or agreement to provide for such additional insureds.
(10) With respect to the insurance afforded to such additional insureds, t he following is added to Paragraph D.

Liability And Medical Expenses Limits Of Insurance:

The most we will pay on behalf of a person or organization that is an additional insured under this endorsement is the lesser of the amount of insurance:
(a) Required in a written contract, written agreement or permit issued by a state or political subdivision; (b) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

The insurance afforded to the additional insured does not increase the Limits of Insurance shown in the Declarations.

B. Duties In The Event Of Occurrence, Offense, Claim Or Suit Paragraph E. Liability And Medical Expenses General Conditions, 2. Duties In The Event Of Occurrence, Offense, Claim or Suit, is amended to include the following:

Your obligation to notify us as soon as practicable of an "occurrence", offense, claim or "suit" is satisfied if you send us written notice as soon as practicable after any of your "executive officers", directors, partners, insurance managers or legal representatives become aware of or should have become aware of such "occurrence", offense, claim or "suit".

All other terms and conditions remain the same.

MBP 3000 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ANIMAL EXCLUSION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to SECTION II – LIABILITY, B. Exclusions, Items 1., Business Liability, and 2., Medical Ex- penses:

This insurance does not apply to, nor shall we have any duty to defend or indemnify, any los s arising out of animals of any type owned by the insured, the insured’s “employees”, or anyone living with or visiting the i nsured’s premises.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 3001 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ASBESTOS

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

A. The following is added to Paragraph 1. Applicable To Business Liability Coverage under Section II –Liability, B.

Exclusions:

This insurance does not apply to:

Asbestos
(1) “Bodily injury”, “property damage” or “personal and advertising injury” arising in whole or in part, either directly or indirectly out of "asbestos".
(2) Any legal obligation of any insured for indemnification or contribution due to damages arising out of “bodily injury”, “property damage” and “personal and advertising injury” arising out of or caused by “asbestos”. (3) 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, abate, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "asbestos"; or
(b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, abating, containing, treating , detoxifying or neutralizing, or in any way responding to , or assessing the effects of, "asbestos".

The addition of this exclusion does not imply that other provisions, including but not limited to any pollution exclusion, do not also exclude coverage for "asbestos"-related injury, damage, expense, cost, loss, liability or legal obligation.

This exclusion applies despite any legal form a claim may take. For instance, there is no coverage for a claim alleging that any insured was negligent or in brea ch of contract by maintaining premises where the insured knew, or should have known, "asbestos" exposure existed.

B. For the purpose of this endorsement, the following is added to Section II – Liability, Paragraph F. Liability And Medical Expenses Definitions:
"Asbestos" means any form of asbestos or asbestos -containing material, including but not l imited to asbestos or asbestos-containing material that is:
a. Airborne as a fiber, particle or dust;
b. Contained in a product;
c. Carried or transmitted on clothing or by any other means; d. Inhaled or ingested; or
e. Contained in or a part of any:
(1) Building;
(2) Building material;

MARKEL INSURANCE COMPANY
MBP 3001 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

(3) Insulation product; or
(4) Component part of any building, building material or insulation product.

All other terms and conditions remain unchanged.

MBP 3005 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CROSS LIABILITY EXCLUSION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to SECTION II – LIABILITY, B. Exclusions, Item 1., Business Liability:

No coverage is provided by this policy for claims, “suits”, actions, or proceedings brought by any insured or any ad- ditional insured hereunder against any other insured or additional insured hereunder.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 3006 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – FUNGI, WET ROT OR DRY ROT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

A. Paragraph 5. Additional Coverages, r. Limited Coverage For “Fungi”, Wet Rot Or Dry Rot under Section I – Property, A. Coverage is deleted in its entirety.

All references to this additional coverage are deleted wherever shown in this form and any other forms attached to this policy.

B. Paragraph B. Exclusions, 1.i. “Fungi”, Wet Rot Or Dry Rot under Section I – Property is replaced by the following:
i. Fungi
Presence, growth, proliferation, spread or any activity of “fungi”, wet rot or dry rot , whether indoors or outdoors , including but not limited to:
(1) Loss or damage caused by or resulting from t he discharge, dispersal, seepage, migration, release, escape, presence, growth or reproduction of “ fungi” as well as testin g for, monitoring, cleaning up, removing, abating, mitigating, remediating, disposing, containing, treating, detoxifying or neutraliz ing, or in any way responding to or assessing the concentration or effects of, “fungi”; and (2) The cost of rebuilding, restoring, repairing, or replacing any real or personal property, diminution in property value, or any consequential loss, damage, or expense caused directly or indirectly by or resulting directly or indirectly from “fungi”.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 3007 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – LEAD

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to Paragraph 1. Applicable To Business Liability Coverage under Section II – Liability, B.

Exclusions:

This insurance does not apply to:

Lead
(1) “Bodily injury”, “property damage” or “personal and advertising injury” arising out of or caused by lead or any material or substance containing lead;
(2) Any l egal obligation of any insured for indemnification or contribution due to “bodily injury” , “property damage” or “personal and advertising injury” arising out of or caused by lead or any material or substance containing lead; or (3) 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, abate, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, lead or any material or substance containing lead; or
(b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, lead or any material or substance containing lead.

The addition of this exclusion does not imply that other provisions, including but not limited to any pol lution exclusion, do not also exclude coverage for lead-related injury, damage, expense, cost, loss, liability or legal obligation.

This exclusion applies despite any legal form a claim may take. For instance, there is no coverage for a claim alleging that any insured was negligent or in breach of contract by maintaining p remises where the insured knew, or should have known, lead exposure existed.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 3008 11 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – FUNGI OR BACTERIA
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
A. The following exclusion is added to Paragraph B.1. in Section II – Liability:

This insurance does not apply to:

Fungi Or Bacteria

1. “Bodily injury”, “property damage” or “personal and advertising injury” which would not have occurred in whole or in part but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any “fungi” or bacteria on or within a building or structure, including its contents, regardless of whether any cause, event, material or product contributed concurrently or in any sequence to such injury or damage..

2. Any loss, cost, expense, fine or penalty arising out of any abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, “fungi” or bacteria, by any “insured” or by any other person or entity.

3. Costs and expenses to investigate or defend any claim or “suit” or payment of any fine or penalty for the exclusions in Paragraphs a. or b.

B. This exclusion applies:

1. Regardless of whether such is included within the “products-completed operations hazard”;

2. To any actual or alleged supervision, instructions, recommendations, warnings or advice given or which should have been given by any insured or others;

3. To any obligations to share damages with or repay someone else who must pay damages; and

4. To any “fungi” existing, emanating from or moving anywhere indoors or outdoors.

This exclusion does not apply to any “fungi” or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption.

C. The following is added to Paragraph F. Liability And Medical Expenses Definitions under Section II –Liability:
“Fungi” means any type of form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by - products produced or released by fungi.

D. The addition of this endorsement does not imply that other provisions, including but not limited to any pollution exclusion, do not also exclude coverage for ”fungi” related injury, damage, expense, cost, loss, liability or legal obligation.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 3009 01 10 Includes copyrighted material from Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PUNITIVE DAMAGES EXCLUSION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to SECTION II – LIABILITY, B. Exclusions, Items 1., Business Liability, and 2., Medical Ex- penses:

This insurance does not apply to punitive or exemplary damages, nor to fines, penalties or sanctions imposed by law, nor to defense costs related to any of the above.

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY
MBP 3030 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BUSINESSOWNERS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – CYBER INCIDENT, DATA COMPROMISE, AND

VIOLATION OF STATUTES RELATED TO PERSONAL DATA

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

A. The following exclusion is added to Section II – Liability of the Coverage Form, and all insuring agreements added to Section II – Liability by separate e ndorsement other than an endorsement described in Paragraph B. below, and replaces any Electronic Data Liability exclusion found anywhere in the policy:

This insurance does not apply to:

Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data Damages caused by, arising out of, or in any way involving, directly or indirectly:
(1) The loss of, loss of use of, corruption of, inability to access, or reduction in functionality of a "computer system", including, but not limited to:
(a) Damage to or loss of data occurring on a "computer system"; (b) Unauthorized access of a "computer system";
(c) Computer malware on a "computer system";
(d) Human error affecting a "computer system";
(e) System failure occurring on a "computer system";
(f) A defect of a "computer system";
(g) Social engineering , including, but not limited to , any priming, pretexting, spoofing, or other fraudulent, manipulative, or deceptive communication; or
(h) Cyber extortion;
(2) Any:
(a) Access to or disclosure of (whether such access or disclosure is authorized or unauthorized); or (b) Theft, alteration, or corruption of;
any person's or organization's confidential, intellectual, or proprietary information or data, including, but not limited to, "personal data", patents, trade secrets, processing methods, customer lists, or any other type of nonpublic information; or
(3) Any action or omission that violates or is alleged to violate any federal, state, or local statute, law, rule, ordinance, or regulation that addresses, prohibits, regulates, or limits the printing, interception, dissemination, disposa l, collecting, recording, sending, transmitting, communicating, distribution, sharing, sale, storage, retaining, receiving, or protection of "personal data", including, but not limited to:
(a) The Illinois Biometric Information Privacy Act (BIPA); (b) The California Consumer Privacy Act (CCPA);

MARKEL INSURANCE COMPANY
MBP 3030 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

(c) The California Invasion Of Privacy Act (CIPA);
(d) The New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act); (e) The European Union General Data Protection Regulation (GDPR); or (f) Any similar or related federal, state, or local statute, law, rule, ordinance, or regulation; including any amendments thereto.

This exclusion applies even if damages are claimed for notification costs, credit monitoring or repair expenses, forensic expenses, public relation expenses , costs associated with the replacement or reissuance of payment cards, fines, penalties, loss of use of property that has not been physically damaged, or any other loss, cost, or expense incurred by you or others arising out of that which is excluded above.

However, this exclusion does not apply to liability for damages because of "bodily injury" or physical damage to tangible property of others. For the purpose of this exclusion, electronic data is not tangible property. The insurance afforded by this exception is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent, or issued on any other basis.

As used in this exclusion, electronic data means information, facts, or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices , or any other media which are used with electronically controlled equipment.

B. If this policy contains an endorse ment adding an insuring agreement to Section II – Liability that specifically provides coverage that is excluded in Paragraph A. above, then the exclusion added by this endorsement does not apply to such insuring agreement solely to the extent of the coverage provided by such endorsement.

C. The following definition s are added to Paragraph F. Liability And Medical Expenses Definitions under Section II – Liability:
"Computer system" means computer hardware, firmware, software, or any components thereof. "Personal data" means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to a particular person or household, including, but not limited to:
a. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier , Internet Protocol address, email address, password, account name, social security number, driver’s license or state identification card number, passport number, telephone number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information, or other similar identifiers, characteristics, or descriptors; b. Commercial information, including records of personal property, products , or services purchased, obtained, or considered, transactions occurring over a peer -to-peer electronic cash system, or other purchasing or consuming histories or tendencies;
c. Biometric data or information (such as a fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation of biometric data); d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a person's or household's interaction with an internet website, application, or advertisement;
e. Geolocation data;
f. Audio, electronic, visual, thermal, olfactory, or similar information; g. Professional or employment-related information that is not publicly available; h. Education information, defined as information that is not pub licly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. section 1232g; 34 CFR Part 99) including any amendments thereto;
i. Identifiers under any state or federal consumer protection or privacy statute or law including, but not limited to, the identifiers shown in Paragraphs a. through h. above; or MBP 3030 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

j. Inferences drawn from any of the identifiers shown in Paragraphs a. through i. above to create a profile about a person or household reflecting such person's or household's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

All other terms and conditions remain unchanged.

MIL 1214 09 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TRADE OR ECONOMIC SANCTIONS

The following is added to this policy:

Trade Or Economic Sanctions
This insurance does not provide any coverage, and we (the Company) shall not make payment of any claim or provide any benefit hereunder , to the extent that the provision of such coverage, payment of such claim or provision of such benefit would expose us (the Company) to a violation of any applicable trade or economic sanctions, laws or regulations , including but not limited to , those administered and enforced by the U nited States Treasury Department’s Office of Foreign Assets Control (OFAC).

All other terms and conditions remain unchanged.

MARKEL INSURANCE COMPANY