CC 03-05-2024 Searchable Packet.pdf — Cupertino City Council, March 5, 2024 (part 2 of 3)

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(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.

You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.

3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.

A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed
by us, the insured and the claimant or the claimant's legal representative.

4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.

Then, we will share with all that other insurance by the method described in Paragraph c. below.
b. Excesslnsurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily occupied by you with permission of the owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily occupied by you with permission of the owner; or
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to
Exclusion g. of Section I - Coverage
A - Bodily Injury And Property Damage Liability.
(b) Any other primary insurance available to
you covering liability for damages arising out of the premises or operations, or the products and completed operations,
for which you have been added as an
additional insured by attachment of an
endorsement.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights
against all those other insurers.

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(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and selfinsured amounts under all that other insurance. (4) We will share the remaining loss, if any,
with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in
excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.

5. Premium Audit
a. We will compute all premiums for this Coverage Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium computation, and send us copies at such times as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon
your representations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
, Coverage Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer
those rights to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast
or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web-sites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.

2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where
it is licensed or principally garaged.

However, "auto" does not include "mobile equipment".

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3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death resulting from any of these at any time.

4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico a.nd
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a
settlement we agree to.

5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".

6. "Executive officer" means a person holding any of
the officer positions created by your charter, constitution, by-laws or any other similar governing document.

7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.

8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms
of the contract or agreement.

9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you
with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.

Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,
change orders or drawings and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities.

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10. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".

11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".

12. "Mobile equipment" means any of the following
types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.

However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".

13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.

14. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of
material that violates a person's right of privacy;
f. The use of another's advertising idea in your
"advertisement"; or
g. Infringing upon another's copyright, trade dress
or slogan in your "advertisement".

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15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

16. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your
work" except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.

Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that productscompleted operations are subject to the General Aggregate Limit.

17. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence" that caused it.

For the purposes of this insurance, electronic data
is not tangible property.

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

18. "Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent;
or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.

19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.

20. "Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.

21. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality, durability, performance or use of "your product"; and CG 00 0112 07 © ISO Properties, Inc., 2006 Page 15 of 16 □ 156
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(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other
property rented to or located for the use of others but not sold.

22. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality, durability, performance or use of "your work", and
(2) The providing of or failure to provide warnings or instructions.

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HISCOX
encourage courage•
Endorsements
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HISCOX
encourage courage•
Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
1 01/31/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEFINITION OF EMPLOYEE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
In Section V - DEFINITIONS, Definition 5.
"Employee" is deleted and replaced with the
following:

5. "Employee" includes a "leased worker" and a
"temporary worker".

CGL E5401 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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l\'t'
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
2 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE INFORMATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Where To Send Notice
Phone:

Email:

Mail:
866-424-8508
[email protected]
Hiscox
5 Concourse Parkway, Suite 2150
Attn: Direct Claims
Atlanta GA, 30328
Subparagraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit in Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include the following:

Any notification required by this policy shall be provided to us at the address listed in the above SCHEDULE.

CGL E5403 CW (03/10) Page 1 of 1 -----------'-'--"--"-'""-'-'--'-'-'------------------------------- ---- Includes copyrighted material of Insurance Services Office, Inc., with its permission. 160
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fl)'~
HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
3 01/31/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PERSONAL INFORMATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 2. Exclusions under Section I - COVERAGE A - BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, COVERAGE B - PERSONAL
AND ADVERTISING INJURY LIABILITY, and
COVERAGE C - MEDICAL PAYMENTS is
amended to include the following exclusion:

Personal Information
"Bodily injury", "property damage" or "personal and
advertising injury" caused by the insured's failure to
protect any non-public, personally identifiable information in the insured's care, custody or control.

CGL E5404 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'ft
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
4 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PROFESSIONAL SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 2. Exclusions under Section I -
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and COVERAGE B -

PERSONAL AND ADVERTISING INJURY
LIABILITY, is amended to include the following
exclusion:

Professional Services
"Bodily injury", "property damage" or "personal and
advertising injury" caused by the rendering or failure
to render any professional service.

CGL E5407 CW (03/10)
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense
which caused the "personal and advertising injury",
involved the rendering or failure to render any professional service.

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~ttl
HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
5 01/31/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION PROVISION
(14 DAY FULL REFUND)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
All Coverage Parts included in this policy are subject to the following condition:

Notwithstanding anything in the "COMMON POLICY
CONDITIONS" or any other cancellation provision to
the contrary, if the first Named Insured cancels
within 14 days of the inception of the policy period
shown in the Declarations without there having
been: (i) an "occurrence" that caused "bodily injury" or "property damage"; (ii) an offense arising out of your business that caused a "personal and
advertising injury"; or (iii) an accident that caused
"bodily injury"; then we shall return in full any premium amount actually paid to us. In such event, the effective date of cancellation shall be deemed
to be the inception date of the policy period shown
in the Declarations.

CGL E5408 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'ti
HISCOX Hiscox Insurance Company Inc.

Policy Number: P101.473.493.2
Named Insured: Richard Yau
Endorsement Number: 6
Endorsement Effective: 01/31/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RIGHT AND DUTY TO SELECT DEFENSE COUNSEL
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
In regard to any covered "suit" seeking damages
under Section I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY or

COVERAGE B - PERSONAL AND ADVERTISING
INJURY LIABILITY, our right and duty to defend
shall include the right to select defense counsel.

CGL E5409 CW (03/10) Page 1 of 1
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~'fl
HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
7 01/31/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - AUTOMATIC STATUS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended
to include as an additional insured any person(s) or organization(s) for whom you are performing operations or leasing a premises
when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person or organization is
an additional insured 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:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or
rented to you.

A person's or organization's status as an additional insured under this endorsement ends when your operations or lease agreement for
that additional insured are completed.

CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'~ HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
8 01/31/2024
Hiscox Insurance Company Inc.

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.

3. We will mail or deliver our notice to the first
Named lnsured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

6. If notice is mailed, proof of mailing will be sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to this policy at any time durD. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations , codes or
standards.

3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes insurance inspections, surveys, reports or recommendations.

4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.

E. Premiums
The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.
ing the policy period and up to three years afterwar . ------------------------------------ IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 166
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F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.

If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.

Page 2 of 2 ends

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"'j11
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
9 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION

ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada
or any of their successors, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit of
liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organ ization.

8. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization.

C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazardous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat.

2. As used in this endorsement:

IL 00 210908 © ISO Properties, Inc., 2007 Page 1 of 2
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"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "special nuclear material" or "by-product material". "Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b)
resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the
processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.

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"'~ HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
10 01/31/2024
Hiscox Insurance Company Inc.

RECORDING AND DISTRIBUTION OF MATERIAL OR

INFORMATION IN VIOLATION OF LAW EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion q. of Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:

2. Exclusions
This insurance does not apply to:
q. Recording And Distribution Of Material
Or Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
(3) The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and Accurate Credit Transaction Act (FACT A); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording , sending, transmitting, communicating or distribution of material or information.

B. Exclusion p. of Paragraph 2. Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability is replaced by the following:

2. Exclusions
This insurance does not apply to:
p. Recording And Distribution Of Material
Or Information In Violation Of Law
"Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
(3) The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

CG 00 68 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 170
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~'~ HISCOX
Policy Number: P101 .473.493.2
Named Insured: Richard Yau
Endorsement Number: 11
Endorsement Effective: 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INTERCOMPANY PRODUCTS SUITS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of "bodily injury" or "property damage" arising out of "your products" and included within the "products-completed operations hazard."
CG 21 4111 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 171
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~'t"
HISCOX
Policy Number: P101.473.493.2
Named Insured: Richard Yau
Endorsement Number: 12
Endorsement Effective: 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - CONSTRUCTION MANAGEMENT

ERRORS AND OMISSIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.,
Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability and
Paragraph 2., Exclusions of Section I - Coverage B
- Personal And Advertising Injury Liability:

This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising injury"
arising out of:

1. The preparing, approving, or failure to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications by any
architect, engineer or surveyor performing
services on a project on which you serve as a
construction manager; or

2. Inspection, supervision, quality control,
architectural or engineering activities done by
or for you on a project on which you serve as
construction manager. while in the care,
custody or control of any insured, or
This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense
which caused the "personal and advertising
injury", involved that which is described in
Paragraph 1. or 2 ..
------------+AeltJees copyFi9'hted-material 0f-lflsurance-Servises-Gffiee., IAc., with its l)efmiss.i0n.

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~'"' HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
13 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - ENGINEERS, ARCHITECTS OR

SURVEYORS PROFESSIONAL LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I - Coverage
B - Personal And Advertising Injury Liability:

This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" arising out of the rendering of or failure to
render any professional services by you or any
engineer, architect or surveyor who is either
employed by you or performing work on your behalf
in such capacity.

Professional services include:

1. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings
and specifications; and

2. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render any professional
services by you or any engineer, architect or
surveyor who is either employed by you or
performing work on your behalf in such capacity.

CG 22 43 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 173
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~'t"
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101 .4 73.493.2
Richard Yau
14 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INSPECTION, APPRAISAL AND

SURVEY COMPANIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I - Coverage B
- Personal And Advertising Injury Liability:

This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising injury"
for which the insured may be held liable because of
the rendering of or failure to render professional
services in the performance of any claim,
investigation, adjustment, engineering, inspection,
appraisal, survey or audit services.

This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render professional services in the performance of any claim, investigation,
adjustment, engineering, inspection, appraisal, survey
or audit services.

CG 22 24 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 174
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~'ft
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
15 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS CONDITIONS AND EXCLUSIONS
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed this endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
I. What is covered
This insurance applies only to "bodily injury, "property damage", and/or "personal and advertising injury", that is caused by or results from the performance of the specified business operations described in the insured's application for this policy during the policy period. It is further agreed the application for this policy is deemed a part of and attached to this policy.

II. Exclusions -What is not covered
A. Bodily Injury and Property Damage Exclusions
The following exclusions are added to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions.

These exclusions will apply to any operations that occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period.

Page 1 of 10 ends

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Injury to
Employees,
Contractors, and
Employees of
Contractors
Prior Completed or
Abandoned Work
resulted in such actual or alleged "bodily injury" or "property damage" which first existed prior to the inception of continuous coverage with us. "Bodily injury" to:
(1) any "employee" of any insured; or
(2) any person(s) who provides services directly or indirectly to or for any insured, regardless of where the services are performed or where the "bodily injury" occurs, including but not limited to a "leased worker", a "temporary worker", a "volunteer worker", a statutory employee, a casual worker, a seasonal worker, a contractor, a subcontractor, an independent contractor, or any person(s) hired by, loaned to, employed by, or contracted by any insured or any insured's contractor, subcontractor, or independent contractor,
arising out of and in the course of the employment or retention by or for any insured or the performance of any duties related to the conduct of any insured's business; or (3) the spouse, child, parent, brother, or sister of any such person(s) described in parts (1) and (2) above, as a consequence of the above, including but not limited to mental anguish, emotional distress, loss of consortium, loss of companionship, loss of guidance, loss of emotional support, and any similar injury or damage.

This exclusion applies whether any insured may be liable as an employer or in any other capacity and to any obligation to indemnify or contribute or share damages with someone else who must pay damages because of the injury. "Bodily injury" or "property damage" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, which:
(1) was completed prior to the inception date of this policy or the earliest inception of continuous coverage with us; or
(2) you or any other party abandoned or have not provided labor, materials, or services for 60 days.

The following exclusions are amended as follows for purposes of this Endorsement:

In SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, exclusion a. Expected Or Intended Injury and exclusion f. Pollution are deleted in their entirety and replaced with the following:

Expanded
Intentional Injury
"Bodily injury" or "property damage":
(1) expected or intended from the standpoint of the insured; or (2) based upon or arising out of:
(a) any actual, threatened, or alleged assault or battery; (b) the failure of any insured or anyone else for whom any insured is or could be held legally liable to prevent or suppress any assault or battery; (c) the failure of any insured or anyone else for whom any insured is or could be held legally liable to render or secure medical treatment necessitated by any assault or battery;
(d) the rendering of medical treatment by any insured or anyone else for whom any insured is or could be held legally liable that was necessitated octudes,::opyrighted,naterial of-- Page 2-of -0 ------
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Pollution (1)
by any assault or battery;
(e) the negligent employment, investigation, supervision, training, or retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by any of subsections a through d above; or
(f) any other cause of action, claim, or "suit" arising out of or resulting from any of the above.
"Bodily injury" or "property damage" based upon or arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of "pollutants" at any time.

However, this exclusion does not apply to "bodily injury" or "property damage" based upon or arising out of heat, smoke, or fumes from a "hostile fire" unless that "hostile fire" occurred or originated at any premises, site, or location:
(a) which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing, or treatment of waste; or (b) on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost, or expense based upon or arising out of any:
(a) request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of "pollutants"; or
(b) claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".

B. Personal and Advertising Injury Exclusions
The following exclusions are added to SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions.

This insurance does not apply to, and we will have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney's fees, to defend any insured against any claim or "suit" alleging damages arising out of or related to "personal and advertising injury" to which any of the below exclusions apply. This exclusion will apply regardless of whether any operations occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period.

Continuous or
Progressive
Personal and
Advertising Injury
CGL E1951 CW (05/20)
"Personal and advertising injury", including continuous, progressively deteriorating, or repeated "personal and advertising injury", that is based upon or arises out of an offense that:
(1) first existed, or is alleged to have first existed, prior to the inception of continuous coverage with us;
(2) is, or is alleged to be, in the process of taking place prior to the inception of continuous coverage with us, even if such actual or alleged offense continues during the policy period; or
Includes copyrighted material of Page 3 of 10
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(3) is caused, or is alleged to have been caused, by the same condition which resulted in such actual or alleged offense which first existed prior to the inception of continuous coverage with us.

C. Exclusions Applicable to Bodily Injury, Property Damage, and Personal and Advertising Injury The following exclusions are added to both SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions.

This insurance does not apply to, and we will have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney's fees, to defend any insured against any claim or "suit" alleging damages arising out of or related to "bodily injury", "property damage", or "personal and advertising injury" to which any of the below exclusions apply. These exclusions will apply regardless of whether any operations occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period .

Asbestos
Biological Agents
Chromated Copper
Arsenate
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of any actual or alleged:
(1) mining, processing, manufacturing, use, testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing asbestos; (2) exposure to asbestos, asbestos fibers, or materials containing asbestos; or (3) provision of instructions, recommendations, notices, warnings, supervision, or advice given, or which should have been given, in connection with asbestos, asbestos fibers, or structures or materials containing asbestos. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
(1) the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of "biological agents"; or
(2) any:
(a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any "biological agents"; or
(b) claim, "suit", or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any "biological agents". "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving any actual, alleged, or threatened exposure at any time to chromated copper arsenate (CCA), regardless of whether:
(1) such CCA is in pure form or is or was combined with any other chemical product or material; or
(2) the existence of or exposure to CCA is alleged to have caused damage in any sequence or combination with, or contributed to or was contributed to by, any other cause or causes of injury or damage.

This exclusion also applies to any loss, cost, or expense that may be awarded or incurred by reason of a claim or "suit" for any such injury or damage described above. 61:1=1~51-ew t65/~0•ci------- IAelttdes-eef)yFi§l"lteEI material 0f Insurance Services Offices, Inc., with its permission.
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Commercial or
Industrial Boilers or
Pressure Vessels
Communicable
Disease
Cross-Suits
Demolition or
Wrecking
CGL E1951 CW (05/20)
This includes, but is not limited to, any injury or damage actually or allegedly caused by the removal, eradication, detoxification, remediation, or decontamination of CCA or property containing CCA and includes any liability, cost, or expense to remediate or prevent "bodily injury", "property damage", or "personal and advertising injury" from CCA.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving any commercial or industrial boilers or pressure vessels, including but not limited to:
(1) installation;
(2) cleaning;
(3) repair;
(4) servicing; or
(5) inspection.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of any actual or alleged "communicable disease" or the fear or threat, whether real or perceived, of a "communicable disease".

This exclusion applies even if any other cause or event contributes concurrently or in any sequence to the damages.

This exclusion applies even if any claim or "suit" against any insured alleges negligence or other wrongdoing in the:
(1) supervision, hiring, employment, training, or monitoring of others that may be infected with and spread any "communicable disease";
(2) testing or failure to test for any "communicable disease"; (3) failure to prevent the spread of any "communicable disease"; or (4) failure to report any "communicable disease" to authorities.

This exclusion also applies to any loss, cost, or expense incurred by you or on your behalf to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of, any "communicable disease" or any substance that may cause or transmit any "communicable disease". "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, alleged in any claim or "suit" brought by a Named Insured, Additional Named Insured, or Additional Insured against any other Named Insured, Additional Named Insured, or Additional Insured. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving any demolition, collapse, or structural injury of any building or structure, partially or in its entirety, by:
(1) wrecking bal l or similar apparatus;
(2) explosives or blasting; or
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EmploymentRelated Practices
Liability
(3) grading of land, excavating, burrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work or moving, shoring, underpinning, raising or rebuilding any building, or any similar activity.

This exclusion also applies to underground "property damage" of wires, conduits, pipes, mains, sewers, tanks, tunnels, or any other similar property beneath the surface of the ground or water.

Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of any actual or alleged:
(1) obligation under any workers' compensation, unemployment compensation, employers' liability, fair labor standards, labor relations, wage and hour, or disability benefit law, including any similar provisions of any federal, state, or local statutory or common law;
(2) liability or breach of any duty or obligation owed by you as an employer or prospective employer;
(3) refusal to employ a person or the termination of a person's employment; or (4) harassment, wrongful termination, retaliation, or discrimination, including but not limited to adverse or disparate impact,
including any resulting damages sustained at any time by the brother, child, parent, sister, or spouse of such person as a consequence of the above.

This exclusion will apply whether you may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of any of the above.

Excluded Costs Any:

And Damages
Exterior Insulation
(1) civil, regulatory, or criminal fines;
(2) restitution or disgorgement; or
(3) sanctions, taxes, or penalties,
including those imposed by any federal, state, or local government authority, or any multiple, punitive, or exemplary damages.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
(1) the design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, maintenance or repair, including remodeling, service, correlation or replacement, of any "exterior insulation and finish system", or any substantially similar system, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking, or sealants in connection with such system; or
(2) "your product" or "your work" with respect to any exterior component, fixture, or feature of any structure if any "exterior insulation and finish system", or any substantially similar system, is used on the part of that structure containing that component, fixture, or feature.

Forestry Operations "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
nclodeS"'eopyrighted-materia of
Insurance Services Offices, Inc., with its permission.
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Foundation Repair,
Stabilization,
Retrofitting
Lead
(1) fire, including the cost to extinguish, fight, contain, or clean up debris due to such fire;
(2) the loading or unloading from any vehicle of any timber or other materials relating to forestry, logging, lumbering, or similar land clearing operations; (3) erosion or the failure to control such erosion; or
(4) the erroneous cutting or removal of trees or crops, resulting from operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving forestry, logging, lumbering, or similar land clearing operations.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving foundation repair, stabilization, or retrofitting. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
(1) the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead; or
(2) any:
(a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or
(b) claim, "suit", or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of lead.

Multi-Unit Property "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving:

Silica or SilicaRelated Dust
CGL E1951 CW (05/20)
(1) any "multi-unit property" or "tract home project" in which more than ten (10) houses or dwelling units have been built, or are in any stage of development, planning, or construction; or
(2) the remodeling or conversion of any existing "apartment" or commercial or industrial building to a "multi-unit property".

This exclusion does not apply to "bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
(1) the original construction of any "apartment"; or
(2) "repair or remodeling" conducted by you or on your behalf on any single unit of "residential property", other than an "apartment", provided that the unit is certified for occupancy prior to the commencement of the repair or remodel work. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of any:
(1) actual , alleged, or threatened exposure to, inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or silica, whether alone or in combination with any substance, product, or material ; or Includes copyrighted material of Page 7 of 10
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Subsidence/Earth
Movement
Toxic Drywall and
Similar Products
Work Insured Under
Wrap-Up Program
(2) loss, cost, or expense arising out of any testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any material containing silica. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of the "subsidence" of land.
(1) "Bodily injury" or "property damage" based upon or arising out of any "your work" or work conducted by an unrelated party, arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, or escape of any solid, liquid, gaseous, or thermal irritant or contaminant from any "toxic drywall and similar products".
(2) Any loss, cost, or expense based upon or arising out of any:
(a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any "toxic drywall and similar products". (b) claim or "suit" by or on behalf of a governmental authority for damages because of testing, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of "toxic drywall and similar products".
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of either your ongoing operations or operations included within the "productscompleted operations hazard", if a consolidated (wrap-up) insurance program has been provided by the contractor, project manager, or owner of the construction project in which you are involved. This exclusion will apply regardless of whether the consolidated (wrap-up) insurance program provides identical coverage to that afforded by this policy.

D. Exclusions Applicable to Medical Payments
The following exclusion is amended as follows for purposes of this Endorsement:

In SECTION I- COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, exclusion a. Any Insured is deleted in its entirety and replaced with the following:

Any Insured to any insured.

Ill. Definitions
A. The following definitions apply to this Endorsement. Additional definitions are contained in SECTION V - DEFINITIONS.
"Apartment"
"Biological agents"
means a unit of residential real property in a multi-family residential building or project where all units are owned by and titled to a single person or entity. means any:
a. (1) bacteria;
(2) mildew, mold, or fungi ;
(3) other microorganisms; or
(4) mycotoxins, spores, or other byproducts of any of the above; CGl:"E~5 CW '(:)512tJ·- --------irn;tode copyrighted materi·al of Insurance Services Offices, Inc., with its permission.
-----1--' ··age 8 of 49------
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"Communicable
disease"
"Exterior insulation
and finish system"
"Multi-unit property"
"Repair or
remodeling"
b. viruses or other pathogens (whether or not a microorganism); or c. colony or group of any of the above.
means disease, illness, or disorder caused by bacteria, viruses, parasites, fungi, prions, microbes, or other pathogens, which:
a. can be transmitted, directly or indirectly, from one organism to another organism by any means; and
b. induces or is capable of inducing damage to human health or human welfare or can cause or threaten damage to, or deterioration or loss of, property or loss of use of property.
means a non-load bearing exterior cladding or finish system, and all its component parts, used on any part of any structure, and consisting of:
a. a rigid or semi-rigid insulation board made of expanded polystyrene and other materials;
b. the adhesive and/or mechanical fasteners used to attach the insulation board to the substrate;
c. a reinforced or unreinforced base coat;
d. a finish coat providing surface texture to which color may be added; and e. any flashing, caulking, or sealant used with the system for any purpose. means any unit of real property in a multi-use or mixed-use building or property where each unit can be separately owned and titled.
means work or operations limited to the maintenance, repair, renovation, restoration, improvement, betterment, alteration, or modification of an existing structure. "Repair or remodeling" does not include such work or operations where 50% or more of the existing structure on which such work or operations are performed has been, or during the course of the work or operations is, demolished.
"Residential property" means any structure intended for use or used for human dwelling, in whole or in part, including but not limited to, single-family dwellings, multi-family dwellings, townhomes, condominiums, and appurtenant structures.
"Subsidence" means earth movement of any kind, including but not limited to:
a. landslide;
b. mudflow;
C. earth sinking ;
d. earth rising;
e. collapse or movement of fill;
f. improper compaction;
g. earth settling, slipping, falling away, caving in, eroding, or tilting; h. earthquake; or
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"Toxic drywall and
similar products"
"Tract home project"
i. any other movement of land or earth,
regardless of whether such earth movement is caused by any human act or any act of nature.
means any sheetrock, gypsum board, wallboard, or any other similar product which:
a. was manufactured in or distributed from the People's Republic of China (PRC); or b. emits:
(1) hydrogen sulfide (H2S);
(2) sulfur dioxide (SO2);
(3) strontium sulfide (SrS); or
(4) carbonyl sulfide (COS).
means a development of five (5) or more individual and freestanding houses which share common or similar design elements, floor plans, blueprints, and/or architectural details, and which are constructed at the same time, or consecutively, on the same parcel, adjacent parcels, or parcels so located within one geographic area as to be considered a single project.

B. The following definition is amended as follows for purposes of this Endorsement:

In Section V- Definitions, Subpart (2)(c) of the "Products-completed operations hazard" definition is deleted in its entirety and replaced with the following:
{c) When that part of the work done at a job site has been put to its intended use by any person or organization.

IV. Conditions
The following conditions apply and are conditions precedent to coverage under this policy. Additional conditions are contained in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.

Anti-Stacking Notwithstanding anything to the contrary in this policy, in the event this policy and any other policy issued to any insured by us or an affiliated company apply to the same occurrence or offense, the maximum limit of our liability under all such pol icies will not exceed the highest applicable limit of insurance available for the occurrence or offense under any one policy.
rrclcdes-copyrightee material 0f -------- age-19--of 1 1------- lnsurance Services Offices, Inc., with its permission.
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~'tt
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
16 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES - CANCELLATION

AND NONRENEWAL
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following:

2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or
less, and is not a renewal of a policy we have
previously issued, we may cancel this policy by
mailing or delivering to the first Named Insured
at the mailing address shown in the policy and
to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least:
a. 10 days before the effective date of cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason.

3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued, we may cancel this policy only upon
the occurrence, after the effective date of
the policy, of one or more of the following:
(1) Nonpayment of premium , including
payment due on a prior policy we issued
and due during the current policy term
covering the same risks.
(2) Discovery of fraud or material misrepresentation by:
(a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one
of its necessary elements an act which
materially increases any of the risks insured against.

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(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safety standards, by you or your representati~e, "".'hich materially increase any of the risks insured against.
(5) Failure by you or your representative to
implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of
Insurance that the:
(a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity
or solvency; or
(b) Continuation of the policy coverage
would:
(i) Place us in violation of California
law or the laws of the state where
we are domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your representative
in the • activities or property of the commercial or industrial enterprise, which results in a materially added, increased
or changed risk, unless the added, increased or changed risk is included in the policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason for
cancellation, to the first Named Insured at
the mailing address shown in the policy,
and to the producer of record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for nonpayment of premium or discovery of fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a.

B. The following provision is added to the Cancellation Common Policy Condition:

7. Residential Property
This provision applies to coverage on real
prop~rty which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on
tenants' household personal property in a residential unit, if such coverage is written under one of the following:

Commercial Property Coverage Part
Farm Coverage Part - Farm Property - Farm
Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60
days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as
provided in b. and c. below.
b. We may not cancel this policy solely because the first Named Insured has:
(1) Accepted an offer of earthquake coverage; or
(2) ~ancelled or did not renew a policy
issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. -~ However, we shall cancel this policy if the
first Named Insured has accepted a new or
renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises. This Restriction (c.) applies
only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil
conditions:
(1) Capital Assets Program Coverage Form
(Output Policy);
(2) Commercial Property Coverage Part -
Causes Of Loss- Special Form; or
(3) Farm Coverage Part - Causes Of Loss
Form - Farm Property, Paragraph D.

Covered Causes Of Loss - Special.

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C. The following is added and supersedes any provisions to the contrary:

NONRENEWAL

1. Subject to the provisions of Paragraphs C.2.
and C.3. below, if we elect not to renew this
policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and
to the producer of record, at least 60 days, but
not more than 120 days, before the expiration
or anniversary date.

We will mail or deliver our notice to the first
Named Insured, and to the producer of record,
at the mailing address shown in the policy.

2. Residential Property
This provision applies to coverage on real
property used predominantly for residential
purposes and consisting of not more than four
dwelling units, and to coverage on tenants'
household property contained in a residential
unit, if such coverage is written under one of
the following:

Capital Assets Program (Output Policy) Coverage Part
Commercial Property Coverage Part
Farm Coverage Part - Farm Property - Farm
Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage
for any reason, except as provided in b., c.
and d. below:
b. We will not refuse to renew such coverage
solely because the first Named Insured has
accepted an offer of earthquake coverage.

However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies:
(1) The nonrenewal is based on sound
underwriting principles that relate to the
coverages provided by this policy and
that are consistent with the approved
rating plan and related documents filed
with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds
that the exposure to potential losses will
threaten our solvency or place us in a
hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims
payments for losses resulting from an
earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims;
or
(3) We have:
(a) Lost or experienced a substantial
reduction in the availability or scope
of reinsurance coverage; or
(b) Experienced a substantial increase
in the premium charged for reinsurance coverage of our residential property insurance policies; and
the Commissioner has approved a plan
for the nonrenewals that is fair and
equitable, and that is responsive to the
changes in our reinsurance position.
c. We will not refuse to renew such coverage
solely because the first Named Insured has
cancelled or did not renew a policy, issued
by the California Earthquake Authority that
included an earthquake policy premium
surcharge.
d. We will not refuse to renew such coverage
solely because corrosive soil conditions exist on the premises. This Restriction (d.) applies only if coverage is subject to one of
the following, which exclude loss or damage caused by or resulting from corrosive soil conditions:
(1) Capital Assets Program Coverage Form
(Output Policy);
(2) Commercial Property Coverage Part -
Causes Of Loss - Special Form; or
(3) Farm Coverage Part - Causes Of Loss
Form - Farm Property, Paragraph D.

Covered Causes Of Loss - Special.

3. We are not required to send notice of nonrenewal in the following situations:
a. If the transfer or renewal of a policy, without
any changes in terms, conditions, or rates,
is between us and a member of our insurance group.

IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 3 of 4 187
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b. If the policy has been extended for 90 days
or less, provided that notice has been given
in accordance with Paragraph C.1.
c. If you have obtained replacement coverage,
or if the first Named Insured has agreed, in
writing, within 60 days of the termination of
the policy, to obtain that coverage.
d. If the policy is for a period of no more than
60 days and you are notified at the time of
issuance that it will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate,
when the increase exceeds 25%.

Page 4 of 4 ends

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~'~ HISCOX
Policy Number: P101.473.493.2
Named Insured: Richard Yau
Endorsement Number: 17
Endorsement Effective: 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The term "spouse" is replaced by the following:

Spouse or registered domestic partner under California law.

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~'"' HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.2
Richard Yau
18 01/31/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER

INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to the Other Insurance
Condition 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:

1. you have agreed in a written contract or
agreement to add such additional insured to
a policy providing the type of coverage afforded by this policy; and

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

CGL E5581 CW (03/16) Includes copyrighted material of
Insurance Services Office, Inc. , with its permission

Page 1 of 1 ends

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~'t'
HISCOX
Policy Number: P101.473.493.2
Named Insured: Richard Yau
Endorsement Number: 19
Endorsement Effective: 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Coverage Limit of Insurance
Hired/Non-owned auto $1,000,000 each occurrence liability The Limit of Insurance shown above will be subject to, and will not increase, the General Aggregate Limit applicable to the Commercial General Liability Coverage Part.

If no information is stated above, the relevant information to complete the Schedule will be shown in the Declarations.

A. The coverage provided by this endorsement will
apply only up to the Limit of Insurance specified
above or in the Declarations, if no information is
shown in the Schedule.

1. Hired Auto Liability
The coverage provided under Coverage A -
Bodily Injury and Property Damage Liability
in Section I - Coverages 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.

2. Non-owned Auto Liability
The coverage provided under Coverage A -
Bodily Injury and Property Damage Liability
in Section I - Coverages applies to "bodily
injury" or "property damage" arising out of the
maintenance or use of any "non-owned auto"
in your business by any person.

8. With respect to the coverage provided by this
endorsement only, the following apply:

1. The exclusions under Paragraph 2.

Exclusions in Coverage A- Bodily Injury
and Property Damage Liability in Section I -
Coverages, other than Exclusions a., b., d., f.,
and i. are deleted in their entirety, and
exclusions e. and j. are replaced by the
following:
hn-e. Employer's Liability
"Bodily injury" to:
(1 )An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.

This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
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2. (2) To any obligation to share damages with
or repay someone else who must pay
damages because of injury.

This exclusion does not apply to:
(i) Liability assumed by the insured under an
"insured contract"; or
(ii)"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 workers' compensation law.
hn-j. Damage to Property
"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.

Section II - Who Is An Insured is deleted in
its entirety and replaced by the following:

Each of the following is an insured under this
endorsement to the extent set forth below:
a. You;
b. Any other person using a "hired auto" with
your permission;
c. Solely for a "non-owned auto":
(1) Any partner or "executive officer" of
yours; or
(2) Any "employee" of yours; but only while
such "non-owned auto" is being used in
your business; and
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.

None of the following will be considered an
insured under this endorsement:
(1) Any person engaged in the business of
their employer for "bodily injury" to any co-
"employee" of such person injured in the
course of employment, or to the spouse, child,
parent, brother, or sister of that co-"employee"
as a consequence of such "bodily injury", or for
any obligation to share damages with or repay
someone else who must pay damages
because of the injury;
(2) Any partner or "executive officer" for any
"auto" owned by such partner or officer or a
member of his or her household;
(3) Any person while employed in or otherwise
engaged in duties in connection with an
"auto business", other than an "auto
business" you operate;
(4) 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
(5) Any person or organization for the conduct
of any current or past partnership or joint
venture that is not shown as a Named
Insured in the Declarations.

C. For purposes of this endorsement only, Section Ill
- Limits of Insurance is amended to the extent
necessary to provide the following:

Regardless of the number of "hired autos", "nonowned autos", or vehicles involved, or the number of claims made or "suits" brought, the most we will
pay for all damages resulting from any one
"occurrence" covered under this endorsement will
be the Limit of Insurance stated in the Schedule
above.

All payments we make for damages covered by
this endorsement will be a part of, and not in
addition to, the General Aggregate Limit stated in
the Declarations.

D. For the purposes of this endorsement only, 4.

Other Insurance in Section IV - Commercial
General Liability Conditions is deleted in its
entirety and replaced by the following:

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

D. With respect to the coverage provided by this
endorsement, the following additional definitions
are added to Section V- Definitions:

1. "Auto business" means the business or occupation of selling, repairing, servicing, storing, or parking "autos".

2. "Hired auto" means any "auto" you lease, hire,
rent, or borrow. "Hired auto" does not include
any "auto" you lease, hire, rent, or borrow from
any of your "employees", your partners, or your
"executive officers", or members of their households.

CGL E5691 CW(11/19) Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of2
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~'t'I
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.4 73.493.2
Richard Yau
20 01/31/2024
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. 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".

B. The following definitions are added:

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

2. "Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act
for a "certified act of terrorism" include the following:
a. The act resulted in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to the Terrorism Risk Insurance Act; 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.

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

CG 21730115 © Insurance Services Office, Inc. , 2014 Page 1 of 1 193
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Hiscox Insurance Company Inc.

Policy Number: P101.473.493.2
Named Insured: Richard Yau
Endorsement Number: 21
Endorsement Effective: 01/31/2024
.,,ti
HISCOX
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDED WAR EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraph 2. Exclusions under Section I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the exclusion of "War" is deleted in its entirety and replaced with the following:
i. War, Civil War, Cyberwarfare, and NCBR
"Bodily injury" or "property damage" based upon or
arising out of, directly or indirectly occasioned by,
happening through or in consequence of:

1. war, invasion, acts of foreign enemies, hostilities
(whether war is declared or not), civil war, rebellion, revolution, insurrection, military, or usurped power;

2. confiscation, nationalization, requisition, destruction of, or damage to property by or under the order of any government, public, or local authority;

3. "cyberwarfare", to the extent not otherwise excluded by paragraph 1; or

4. any "NCBR malicious act".

This will not apply to damage by fire to premises
while rented to you or temporarily occupied by you
with the owner's permission. Any payments we
make for "property damage" to such premises will
be subject to the Damage to Premises Limit.

B. Paragraph 2. Exclusions under Section I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, the exclusion of "War" is deleted in its entirety and replaced with the following:
o. War, Civil War, Cyberwarfare, and NCBR
"Personal and advertising injury", based upon or
arising out of, directly or indirectly occasioned by,
happening through or in consequence of
CGL E2227 CW (03/23)

1. war, invasion, acts of foreign enemies, hostilities
(whether war is declared or not), civil war, rebellion, revolution, insurrection, military, or usurped power;

2. confiscation, nationalization, requisition, destruction of, or damage to property by or under the order of any government, public, or local authority;

3. "cyberwarfare", to the extent not otherwise excluded by paragraph 1; or

4. any "NCBR malicious act".

C. In Section V - DEFINITIONS, the following definitions are added for purposes of this endorsement:

1. "Cyberwarfare" means any:
a. unauthorized access to, or use, alteration, corruption, damage, manipulation, misappropriation, theft, deletion, or destruction of, any computer hardware or electronic data; b. creation, transmission, or introduction into a
computer system, computer network, or electronic data of a computer virus or harmful code; or
c. restriction or inhibition of access to a computer
system, computer network, or electronic data,
including through a denial-of-service (DoS) attack,
committed by, or on behalf of, a "state".

In determining by whom any action listed in parts
a. through c. above is committed we will consider
to whom any governing body (including the governing body's intelligence, law enforcement, or military services) attributes such action, regardless of whether:
i. the computer system, computer network, or
electronic data is physically located within the
jurisdiction of that governing body; or

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ii. there are inconsistent statements within different branches or agencies of that governing body (including intelligence, law enforcement,
or military services) as to whom the action is
attributable to.

However, if:

A. a governing body has not attributed any such
action to a "state", or any person, group, association, or entity acting on the "state's", behalf; and B. there is at least one "media report" or a cybersecurity forensic film report indicating that such action is attributed to a "state" or any
person, group, association, or entity acting on
the "state's" behalf,
then we will not pay any damages for "bodily injury", "property damage", or "personal and advertising injury" resulting from any actions listed in parts a. through c. above until any governing
body attributes such action to a "state" or any person, group, association, or entity acting on the "state's" behalf.

If a governing body does not attribute such action
to a "state" or any person, group, association, or
entity acting on the "state's" behalf, or declares it
is unable to do so, then a "media report" or cybersecurity forensic firm report will be conclusive evidence that the act was committed by, or on behalf of, a "state".

For purposes of this definition, "media report"
means an article published by the Associated
Press, Reuters, Wall Street Journal, or the British
Broadcasting Corporation.

For purposes of this definition, "state" means a
sovereign state, state-like entity, quasi-state,
proto-state, or a state sponsored actor or group.

2. "NCBR malicious act" means an act or series of
acts that harms another person or damages property through the physical release or dispersal of "nuclear, chemical, biological, or radiological
agents or materials", which is carried out by any
person or group of persons, whether acting alone,
on behalf of, or in connection with any organization.

3. "Nuclear, chemical, biological, or radiological
agents or materials" means:
a. nuclear reaction, nuclear radiation or radioactive particles, whether released or dispersed by nuclear or conventional devices;
b. any chemical compound; or
c. any pathogen,
in sufficient concentration to cause harm to people or damage to property.

CGL E2227 CW (03/23)
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Notices
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HISCOX Policyholder Notice
Electronic Delivery
If you received your insurance policy by email, it is because you have chosen electronic delivery of your policy documents and important notices, including cancellation and nonrenewal notices where permitted by law. We also will send any renewal policy documents to you by email at the address you have provided.

If you are currently receiving paper documents and would like to have ease of retrieval and access and save on storage space, you will need to contact us and update your preferences. Most documents can be sent electronically within minutes. For electronic documents, you will need a computer or mobile device with Internet access and the ability to receive external emails. You also will need software such as Adobe Reader® that allows you to view and save PDF documents, and a printer to create paper copies.

At any time you may request a paper copy of your policy, or you may withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost.

You must notify us if your email or street address changes. To update your email or street address, or to request paper documents, please contact us at 888-202-3007.

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ECONOMIC AND TRADE SANCTIONS POLICYHOLDER NOTICE
Hiscox is committed to complying with the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) requirements. OFAC administers and enforces economic sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, and narcotics traffickers as Specially Designated Nationals (SDN's) and Blocked Persons. OFAC has also identified Sanctioned Countries. A list of Specially Designated Nationals, Blocked Persons and Sanctioned Countries may be found on the United States Treasury's web site http://www.treas.gov/offices/enforcement/ofac/.

Economic sanctions prohibit all United States citizens (including corporations and other entities) and permanent resident aliens from engaging in transactions with Specially Designated Nationals, Blocked Persons and Sanctioned Countries. Hiscox may not accept premium from or issue a policy to insure property of or make a claim payment to a Specially Designated National or Blocked Person. Hiscox may not engage in business transactions with a Sanctioned Country.

A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of Treasury.

A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States.

In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following : - ~ (1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade sanctions;
(2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any action in connection with such claim or suit is prohibited by US economic or trade sanctions; (3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to US economic or trade sanctions; (4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country government, where any activities related to such property are prohibited by US economic or trade sanctions; or
(5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions.

Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the US Treasury's website at http://www.treas.gov/offices/enforcement/ofac/.

INT N001 CW 01 09 Page 1 of 1
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HISCOX Hiscox Insurance Company Inc.

WAR EXCLUSION NOTICE
Your renewal policy will contain a War Exclusion endorsement that amends the war exclusion in your policy to specifically exclude cyberwarfare and nuclear, chemical, biological, and radiological (NCBR) attacks.

This endorsement clarifies our longstanding intent to exclude all types of war from coverage. It clarifies and does not alter the intended scope of coverage offered under your policy.

If you have additional questions or concerns about the endorsement or this Notice, please contact us at 1-866-424-8508. Thank you for your business and we look forward to continue providing you with quality service.

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FIRST AMENDMENT TO AGREEMENT 283 BETWEEN

THE CITY OF CUPERTINO AND RICHARD YAU FOR

PROGRAM AND PROJECT MANAGEMENT

CONSULTANT SERVICES
This First Amendment to Agreement 283 between the City of Cupertino and Richard Yau is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Richard Yau, a Sole Proprietorship/Individual ("Contractor") whose address is 11523 Country Spring Ct., Cupertino, CA 95014, and is made with reference to the following:

RECITALS:

On July 29, 2021 Agreement 283 ("Agreement") was entered into by and between City and Contractor for Program and Project Management Consultant Services.

A. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will be based upon actual costs but that will be capped so as not to exceed $170,000.00-("Contract • Price"), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.

2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
BynTa,,,
Title Assistant Director of Public Works
Date Feb 9, 2023
1 RICHARD YAU
Riuhard yau By ___________ _
Title Consultant
Date Feb 8, 2023
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APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date Feb 9, 2023

EXPENDITURE DISTRIBUTION
_ _ !_t_em_ __ l..;.;;..._.;.;......;;;...;;;...;;;;.C....;<>;...n..;..tr....;ac_t_N.;;;.~....;m;;;;; b.;;;.~r_....;_....;===;lc_____ _ Amount ______ .1 1-0-n-.g-in-al_A_gr_e_e_m_en_t __ _,,I 2022-002 I, $125,000.otj Amendment #1 I $45,ooo.otj
T_ota_l _____________ I _________ ·--------~~- $~ 0,00Q.O~ 2 202
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ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 02/08/2023
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INl·uRMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE (888) 202-3007 I FAX 520 Madison Avenue /Alf" No. Ext\: (A/C Nol:

E-MAIL [email protected] 32nd Floor ADDRESS:

New York, New York 10022 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200
INSURED INSURER B:

Richard Yau INSURERC:
11523 Country Spring Court
Cupertino, CA 95014 INSURERD :

INSURERE:

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER !MM/DD/YYYYl !MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - ~ CLAIMS-MADE CK] OCCUR UAMAC>t: I U Kt:N I t:D PREMISES /Ea occurrence\ $ 100,000
- MED EXP (Any one person) $ 5,000
A y P101.473.493.1 01/31/2023 01/31/2024 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ POLICY JECT PRO- DLoc PRODUCTS - COMP/OP AGG $ SIT Gen. Agg.

OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ - ANY AUTO BODILY INJURY (Per person ) $ - ALL OWNED - SCHEDULED BODILY INJURY (Per accident) $ A - AUTOS ~ AUTOS P101.473.493.1 01/31/2023 01/31/2024
X X NON-OWNED PROPERTY DAMAGE HIRED $ ~
AUTOS AUTOS /Per accident\
fn~~ 0~~~~~~';;]1 $ 1,000,000
UMBRELLA LIAB H ~
OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
WORKERS COMPENSATION I ~ffTuTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) City of Cupertino is listed as an Additional Insured. The Hiscox General Liability Policy is endorsed with Primary and Noncontributory endorsement in favor of City of Cupertino.

CERTIFICATE HOLDER CANCELLATION
City of Cupertino
10300 Torre Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cupertino, CA 95014 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE »-=
I
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 203
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Your Insurance Documents
Enclosed you will find the policy documents that make up your insurance contract with us.

Please read through all of these documents. If you have any questions or need to update any of your information please call us at 844-357-0840 (Mon-Fri, 7am-10pm ET).

Your insurance documents
Declarations Page
This contains specific policy information, such as the limits and deductibles you have selected.

Policy Wording
This details the terms and conditions of your coverage, subject to policy endorsements.

Endorsements
These documents modify the Policy Wording or Declarations Page. These include relevant terms and conditions as required by your state and are part of your policy.

Notices
These documents provide information that may affect your coverage such as optional terrorism coverage (if purchased) and other important items required by your state.

Application Summary
This is a summary of the information that you provided to us as part of your application. Please review this document and let us know if any of the information is incorrect.

Reporting a claim
Please inform us immediately if you have a claim or loss to report. Please have your policy number available, which can be found on the declarations page, so we can handle your call quickly. Contact us via the methods below or file a claim using our online form at https://www.hiscox.com/manage-your-policy/claims-center.

Email: [email protected]
Phone:866-424-8508
Mail: Hiscox Claims Center
5 Concourse Parkway
Suite 2150
Atlanta, GA 30328
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Declarations Page
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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 Commercial General Liability Declarations
In return for the payment of the premium, and subject to all the terms of this Policy, we agree with you to provide the insurance as stated in this Policy.

Declaration effective from:

Policy No.:

Named Insured:

Address:

Email Address:

Policy period:

Form of Business:

Each Occurrence Limit:

I January 31, 2023
I P101.473.493.1
I Richard Yau
11523 Country Spring Court
Cupertino, CA 95014
I [email protected]
From: ._I J_a_n_u_a_ry_3_1_, _20_2_3 ____ __.I To:

At 12:01 A.M. (Standard Time) at the address shown above.

I Sole Proprietor
1 $1.000.000
I January 31 , 2024
Damage to Premises Rented to You Limit: I $100,000 Any one premises Medical Expense Limit: I $5,000 Any one person
Personal & Advertising Injury Limit: $1,000,000 Any one person or organization General Aggregate Limit: j $2,000,000
!========================: Products/Completed Operations Products-completed operations are subject to the General Aggregate Limit Aggregate Limit:

Supplemental Business Personal Property Floater $0
Coverage Limit:

Supplemental Business Personal Property Floater I Not Applicable Coverage Deductible: .__________________________ ____,
All Premises You Own, Rent or Occupy
Premises Number:

Address:

Total Premium:

Attachments:

CGL D001 10 18
11523 Country Spring Court
Cupertino, CA 95014
11,196.00
See attached Forms and Endorsements Schedule.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.© ISO Properties, Inc. , 2000

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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the lnsure~s duly authorized representative.

President
Secretary
Authorized Representative
CGL D001 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission.© ISO Properties, Inc., 2000

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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 Forms and Endorsements Schedule
Forms and Endorsements made part of this policy at time of issue:

CGL 0001 10 18 - Commercial General Liability Declarations INT 0001 01 10 - Forms and Endorsements Schedule
CG 00 01 12 07 - General Liability Coverage Form
CGL E5401 CW (03/10) - Definition of Employee
CGL E5403 CW (03/10) - Notice Information
CGL E5404 CW (03/10) - Exclusion - Personal Information CGL E5407 CW (03/10) - Exclusion - Professional Services CGL E5408 CW (03/10) - Cancellation Provision (14 Day Full Refund) CGL E5409 CW (03/10) - Right and Duty to Select Defense Counsel CGL E5421 CW (02/14) - Additional Insured -Automatic Status IL 00 17 11 98 - Common Policy Conditions
IL 00 21 09 08 - Nuclear Energy Liability Exclusion Endorsement (Broad Form) CG 00 68 05 09 - Recording and Distribution of Material or Information in Violation of Law Exclusion CG 21 41 11 85 - Exclusion - lntercompany Products Suits CGL E5416 CW (01/13) - Exclusion - Construction Management Errors and Omissions Endorsement CG 22 43 04 13 - Exclusion - Engineers, Architects Or Surveyors - Professional Liability Endorsement CG 22 24 04 13 - Exclusion - Inspection, Appraisal And Survey Companies Endorsement CGL E1951 CW (05/20) - Contractors Conditions and Exclusions IL 02 70 09 08 - California Changes - Cancellation and Nonrenewal CG 32 34 01 05 - California Changes
CGL E5581 CW (03/16) - Primary and Noncontributory - Other Insurance Condition CGL E5691 CW (11/19) - Hired Auto And Non-Owned Auto Liability CG 21 73 01 15 - Exclusion Of Certified Acts Of Terrorism INT N003 CW (01/19) - Policyholder Notice Electronic Delivery INT N001 CW {01/09) - Economic And Trade Sanctions Policyholder Notice INT D001 01 10 Page 1 of 1
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Policy Wording
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~''"' HISCOX

COMMERCIAL GENERAL LIABILITY
CG 00 0112 07

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words "we",
"us" and "our" refer to the company providing this
insurance.

The word "insured" means any person or organization
qualifying as such under Section II - Who Is An Insured.

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

SECTION I - COVERAGES

COVERAGE A BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section Ill - Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II - Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or
authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily -injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have occurred by any insured listed under Paragraph

1. of Section II - Who Is An Insured or any
"employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has occurred or has begun to occur.

CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 D 210
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e. Damages because of "bodily injury" include
damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury".

2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.

This exclusion applies whether the insured
may be liable as an employer or in any other
capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.

This exclusion does not apply to liability assumed by the insured under an "insured contract".

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f. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured
at that premises, site or location and
such premises, site or location is not
and never was owned or ~occupied
by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the handling, storage, disposal, processing or treatment of waste;
(c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for:
(i) Any insured; or
(ii) Any person or organization for whom
you may be legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the
normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or
its parts, if such fuels, lubricants or
other operating fluids escape from a
vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or
location with the intent that they be
discharged, dispersed or released as
part of the operations being performed by such insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or
in any way respond to, or assess the effects of, "pollutants".

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(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or
(b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects
of, "pollutants".

However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation
and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage" involved
the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured.

This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising
out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the
definition of "mobile equipment" if it were
not subject to a compulsory or financial
responsibility law or other motor vehicle
insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machinery or
equipment listed in Paragraph f.(2) or
f.(3) of the definition of "mobile equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to
a person or damage to another's property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;

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(5) That particular part of real property on
which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the
"property damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced because "your work" was incorrectly performed on it.

Paragraphs (1 ), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill - Limits Of Insurance.

Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply
to "property damage" included in the "productscompleted operations hazard". k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.

I. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "productscompleted operations hazard".

This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.

This exclusion does not apply to the loss of use
of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and advertising injury". p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.

As used in this exclusion, electronic data
means information, facts or programs stored as
or on, created or used on, or transmitted to or
from computer software, including systems and
applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used
with electronically controlled equipment.
q. Distribution Of Material In Violation Of
Statutes
"Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law; or
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law; or
(3) Any statute, ordinance or regulation, other
than the TCPA or CAN-SPAM Act of 2003,
that prohibits or limits the sending, transmitting, communicating or distribution of material or information.

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Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this
coverage as described in Section Ill - Limits Of
Insurance.

COVERAGE B PERSONAL AND ADVERTISING

INJURY LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to
which this insurance applies. We will have the
right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section Ill - Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was
committed in the "coverage territory" during the
policy period.

2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by or
at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication of material, if done by
or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral or written publication of material whose
first publication took place before the beginning
of the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of
a breach of contract, except an implied contract to use another's advertising idea in your "advertisement".
g. Quality Or Performance Of Goods - Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services stated in your "advertisement".
i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
"Personal and advertising injury" arising out of
the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement".

However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of websites for others; or

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(3) An Internet search, access, content or
service provider.

However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions Section.

For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control.

I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental authority in hindering or defending against any of these.
p. Distribution Of Material In Violation Of
Statutes
"Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law; or
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law; or
(3) Any statute, ordinance or regulation, other
than the TCPA or CAN-SPAM Act of 2003,
that prohibits or limits the sending, transmitting, communicating or distribution of material or information.

COVERAGE C MEDICAL PAYMENTS

1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the "coverage territory" and during the pol icy period; (b) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably
require.
b. We will make these payments regardless of
fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic devices; and
(3) Necessary ambulance, hospital, professional nursing and funeral services.

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2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a workers' compensation or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the "products-completed operations hazard". g. Coverage A Exclusions
Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS-COVERAGES A
ANDB

1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies. We
do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These payments will not reduce the limits of insurance.

2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been assumed by the insured in the same "insured contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to
conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured
and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and

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(b) Conduct and control the defense of the
indemnitee in such "suit".

So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred
by the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage"
and will not reduce the limits of insurance.

Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f.
above, are no longer met.

SECTION II - WHO 15 AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured.

Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their duties as trustees.

2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business,
or your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or limited
liability company) or your managers (if you are
a limited liability company), but only for acts
within the scope of their employment by you or
while performing duties related to the conduct
of your business. However, none of these "employees" or "volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your
other "volunteer workers" while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or
sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1 )(a) above; (c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraphs (1 )(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any member (if you are a limited liability company).

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b. Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.

3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.

No person or organization is an insured with respect
to the conduct of any current or past partnership, joint venture or limited liability company that is not shown
as a Named Insured in the Declarations.

SECTION Ill - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard"; and
c. Damages under Coverage 8.

3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products-completed operations hazard".

4. Subject to Paragraph 2. above, the Personal and
Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization.

5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property damage" arising out of any one "occurrence".

6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.

7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

SECTION IV - COMMERCIAL GENERAL LIABILITY

CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and

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(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.

CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 □ 220
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(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and selfinsured amounts under all that other insurance. (4) We will share the remaining loss, if any,
with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in
excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

However, "auto" does not include "mobile equipment".

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3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death resulting from any of these at any time.

4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a
settlement we agree to.

5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".

6. "Executive officer" means a person holding any of
the officer positions created by your charter, constitution, by-laws or any other similar governing document.

7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.

Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or
suNeyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, suNeys, field orders,
change orders or drawings and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or suNeyor, assumes liability for
an injury or damage arising out of the insured's rendering or failure to render professional seNices, including those listed in (2) above and supeNisory, inspection, architectural or engineering activities.

CG 00 0112 07 © ISO Properties, Inc., 2006 Page 13 of 16 D 222
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13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.

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For the purposes of this insurance, electronic data
is not tangible property.

19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.

21. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality, durability, performance or use of "your product"; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16 □ 224
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(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other
property rented to or located for the use of others but not sold.

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~·ti
HISCOX
encourage courage•
Endorsements
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fl).fl
HISCOX
encourage courage•
Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
1 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEFINITION OF EMPLOYEE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
In Section V - DEFINITIONS, Definition 5.
"Employee" is deleted and replaced with the
following :

5. "Employee" includes a "leased worker" and a
"temporary worker".

CGL E5401 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'"' HISCOX Hiscox Insurance Company Inc.

Policy Number: P101.473.493.1
Named Richard Yau Insured:

Endorsement Number: 2
Endorsement Effective: 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE INFORMATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Where To Send Notice
Phone:

Email:

Any notification required by this policy shall be provided to us at the address listed in the above SCHEDULE.

CGL E5403 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'ti
HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
3 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PERSONAL INFORMATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 2. Exclusions under Section I - COVERAGE A - BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, COVERAGE B - PERSONAL
AND ADVERTISING INJURY LIABILITY, and
COVERAGE C - MEDICAL PAYMENTS is
amended to include the following exclusion:

CGL E5404 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'~ HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
4 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PROFESSIONAL SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 2. Exclusions under Section I -
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and COVERAGE B -

PERSONAL AND ADVERTISING INJURY
LIABILITY, is amended to include the following
exclusion:

Professional Services
"Bodily injury", "property damage" or "personal and
advertising injury" caused by the rendering or failure
to render any professional service.

CGL E5407 CW (03/10)
---------------
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense
which caused the "personal and advertising injury",
involved the rendering or failure to render any professional service.

Page 1 of 1 ends

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~,,.

HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
5 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION PROVISION
(14 DAY FULL REFUND)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
All Coverage Parts included in this policy are subject to the following condition:

CGL E5408 CW (03/10)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

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~'ft
HISCOX Hiscox Insurance Company Inc.

Policy Number: P101.473.493.1
Named Insured: Richard Yau
Endorsement Number: 6
Endorsement Effective: 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RIGHT AND DUTY TO SELECT DEFENSE COUNSEL
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
In regard to any covered "suit" seeking damages
under Section I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY or

COVERAGE B - PERSONAL AND ADVERTISING
INJURY LIABILITY, our right and duty to defend
shall include the right to select defense counsel.

CGL E5409 CW (03/10) age of
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~'ft
HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
7 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -AUTOMATIC STATUS
This endorsement modifies insurance provided under the following:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or
rented to you.

A person's or organization's status as an additional insured under this endorsement ends when your operations or lease agreement for
that additional insured are completed.

CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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~'t"
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101 .473.493.1
Richard Yau
8 01/31/2023
Hiscox Insurance Company Inc.

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

3. We will mail or deliver our notice to the first
Named lnsured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

6. If notice is mailed, proof of mailing will be sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

C. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to this policy at any time during the policy period and up to three years afterwar .

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.

E. Premiums
The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 234
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F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.

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"'fl
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
9 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION

ENDORSEMENT
{Broad Form)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada
or any of their successors, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit of
liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which {a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or {b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organization.

B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization.

C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazardous properties" of "nuclear material", if:
(1) The "nuclear material" {a) is at any "nuclear
facility" owned by, or operated by or on behalf of, an "insured" or {b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat.

2. As used in this endorsement:

IL 00 210908 © ISO Properties, Inc., 2007 Page 1 of 2
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"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "special nuclear material" or "by-product material". "Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b)
resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the
processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.

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"'ti
HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
10 01/31/2023
Hiscox Insurance Company Inc.

RECORDING AND DISTRIBUTION OF MATERIAL OR

INFORMATION IN VIOLATION OF LAW EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion q. of Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following :

2. Exclusions
This insurance does not apply to:
q. Recording And Distribution Of Material
Or Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
(3) The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

B. Exclusion p. of Paragraph 2. Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability is replaced by the following:

HISCOX
Policy Number: P101.473.493.1
Named Insured: Richard Yau
Endorsement Number: 11
Endorsement Effective: 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INTERCOMPANY PRODUCTS SUITS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of "bodily injury" or "property damage" arising out of "your products" and included within the "products-completed operations hazard."
CG 21 4111 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 239
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.,,~
HISCOX
Policy Number: P101.473.493.1
Named Insured: Richard Yau
Endorsement Number: 12
Endorsement Effective: 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - CONSTRUCTION MANAGEMENT

ERRORS AND OMISSIONS
This endorsement modifies insurance provided under the following:

This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising injury"
arising out of:

1. The preparing, approving, or failure to prepare
or approve, maps, shop drawings, opinions,
reports, suNeys, field orders, change orders
or drawings and specifications by any
architect, engineer or suNeyor performing
seNices on a project on which you serve as a
construction manager; or

2. Inspection, supeNision, quality control,
architectural or engineering activities done by
or for you on a project on which you seNe as
construction manager. while in the care,
custody or control of any insured, or
This exclusion applies even if the claims against
any insured allege negl igence or other
wrongdoing in the supeNision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense
which caused the "personal and advertising
injury", involved that which is described in
Paragraph 1. or 2 ..
------------1nel1c1des c013yFi!!:}Rte€i-mateFial ef IAs1;1rar:ise SeNices Qffice, nG,,..with its permission~---------- CGL E5416 CW (01/13) Page 1 of 1
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~'~ HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
13 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - ENGINEERS, ARCHITECTS OR

SURVEYORS PROFESSIONAL LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I - Coverage
B - Personal And Advertising Injury Liability:

This insurance does not apply to "bodily injury",
• "property damage" or "personal and advertising
injury" arising out of the rendering of or failure to
render any professional services by you or any
engineer, architect or surveyor who is either
employed by you or performing work on your behalf
in such capacity.

Professional services include:

1. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings
and specifications; and

2. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused~th-e~"bodily--injury" or -
"property damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render any professional
services by you or any engineer, architect or
surveyor who is either employed by you or
performing work on your behalf in such capacity.

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
14 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INSPECTION, APPRAISAL AND

SURVEY COMPANIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.

Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I - Coverage B
- Personal And Advertising Injury Liability:

This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render professional services in the performance . of any claim, investigation,
adjustment, engineering, inspection, appraisal, survey
or audit services.

CG 22 24 041 3 © Insurance Services Office, Inc., 201 2 Page 1 of 1 242
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..,,(I
HISCOX Hiscox Insurance Company Inc.

Policy Number: P101.473.493.1
Named Insured: Richard Yau
Endorsement Number: 15
Endorsement Effective: 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

II. Exclusions - What is not covered
A. Bodily Injury and Property Damage Exclusions
The following exclusions are added to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions.

Continuous or
Progressive Bodily
Injury and Property
Damage
CGL E1951 CW (05/20)
"Bodily injury" or "property damage", including continuous, progressively deteriorating, or repeated "bodily injury" or "property damage", that:
(1) first existed, or is alleged to have first existed, prior to the inception of continuous coverage with us;
(2) is, or is alleged to be, in the process of taking place prior to the inception of continuous coverage with us, even if such actual or alleged "bodily injury" or "property damage" continues during the policy period; or (3) is caused, or is alleged to have been caused, by the same condition which Includes copyrighted material of Page 1 of 10
Insurance Services Offices, Inc., with its permission.
243
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Injury to
Employees,
Contractors, and
Employees of
Contractors
resulted in such actual or alleged "bodily injury" or "property damage" which first existed prior to the inception of continuous coverage with us. "Bodily injury" to:
(1) any "employee" of any insured; or
(2) any person(s) who provides services directly or indirectly to or for any insured, regardless of where the services are performed or where the "bodily injury" occurs, including but not limited to a "leased worker", a "temporary worker", a "volunteer worker", a statutory employee, a casual worker, a seasonal worker, a contractor, a subcontractor, an independent contractor, or any person(s) hired by, loaned to, employed by, or contracted by any insured or any insured's contractor, subcontractor, or independent contractor,
arising out of and in the course of the employment or retention by or for any insured or the performance of any duties related to the conduct of any insured's business; or (3) the spouse, child, parent, brother, or sister of any such person(s) described in parts (1) and (2) above, as a consequence of the above, including but not limited to mental anguish, emotional distress, loss of consortium, loss of companionship, loss of guidance, loss of emotional support, and any similar injury or damage.

Prior Completed or "Bodily injury" or "property damage" based upon or arising out of operations or "your Abandoned Work work", conducted by you or on your behalf, or work conducted by an unrelated party, which:
(1) was completed prior to the inception date of this policy or the earliest inception of continuous coverage with us; or
(2) you or any other party abandoned or have not provided labor, materials, or services for 60 days.

The following exclusions are amended as follows for purposes of this Endorsement:

In SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, exclusion a. Expected Or Intended Injury and exclusion f. Pollution are deleted in their entirety and replaced with the following:

Expanded
Intentional Injury
"Bodily injury" or "property damage":
(1) expected or intended from the standpoint of the insured; or (2) based upon or arising out of:
(a) any actual, threatened, or alleged assault or battery; (b) the failure of any insured or anyone else for whom any insured is or could be held legally liable to prevent or suppress any assault or battery; (c) the failure of any insured or anyone else for whom any insured is or could be held legally liable to render or secure medical treatment necessitated by any assault or battery;
(d) the rendering of medical treatment by any insured or anyone else for whom any insured is or could be held legally liable that was necessitated --------1fleludes-e0pyfi§hted material of---------i,,,,a@e""2 of 10 Insurance Services Offices, Inc., with its permi ssion. 244
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Pollution (1)
by any assault or battery;
(e) the negligent employment, investigation, supervision, training, or retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by any of subsections a through d above; or
(f) any other cause of action, claim, or "suit" arising out of or resulting from any of the above.
"Bodily injury" or "property damage" based upon or arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of "pollutants" at any time.

B. Personal and Advertising Injury Exclusions
The following exclusions are added to SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions.

Continuous or
Progressive
Personal and
Advertising Injury
CGL E1951 CW (05/20)
"Personal and advertising injury", including continuous, progressively deteriorating, or repeated "personal and advertising injury", that is based upon or arises out of an offense that:
(1) first existed, or is alleged to have first existed, prior to the inception of continuous coverage with us;
(2) is, or is alleged to be, in the process of taking place prior to the inception of continuous coverage with us, even if such actual or alleged offense continues during the policy period; or
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(3) is caused, or is alleged to have been caused, by the same condition which resulted in such actual or alleged offense which first existed prior to the inception of continuous coverage with us.

This insurance does not apply to, and we will have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney's fees, to defend any insured against any claim or "suit" alleging damages arising out of or related to "bodily injury", "property damage", or "personal and advertising injury" to which any of the below exclusions apply. These exclusions will apply regardless of whether any operations occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period.

This exclusion also applies to any loss, cost, or expense that may be awarded or incurred by reason of a claim or "suit" for any such injury or damage described above. lneltiEles ~13yri~M-ecl mat-eria- - ---
I nsurance Services Offices, Inc., with its permission.

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Commercial or
Industrial Boilers or
Pressure Vessels
Communicable
Disease
Cross-Suits
Demolition or
Wrecking
CGL E1951 CW (05/20)
This includes, but is not limited to, any injury or damage actually or allegedly caused by the removal, eradication, detoxification, remediation, or decontamination of CCA or property containing CCA and includes any liability, cost, or expense to remediate or prevent "bodily injury", "property damage", or "personal and advertising injury" from CCA.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving any commercial or industrial boilers or pressure vessels, including but not limited to:
(1) installation;
(2) cleaning;
(3) repair;
(4) servicing; or
(5) inspection.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of any actual or alleged "communicable disease" or the fear or threat, whether real or perceived, of a "communicable disease".

This exclusion applies even if any other cause or event contributes concurrently or in any sequence to the damages.

This exclusion also applies to any loss, cost, or expense incurred by you or on your behalf to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of, any "communicable disease" or any substance that may cause or transmit any "communicable disease". "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, alleged in any claim or "suit" brought by a Named Insured, Additional Named Insured, or Additional Insured against any other Named Insured, Additional Named Insured, or Additional Insured. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving any demolition, collapse, or structural injury of any building or structure, partially or in its entirety, by:
(1) wrecking ball or similar apparatus;
(2) explosives or blasting; or
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D
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EmploymentRelated Practices
Liability
(3) grading of land, excavating, burrowing, fi lling, back-filling, tunneling, pile driving, cofferdam work or caisson work or moving, shoring, underpinning, raising or rebuilding any building, or any similar activity.

This exclusion also applies to underground "property damage" of wires, conduits, pipes, mains, sewers, tanks, tunnels, or any other similar property beneath the surface of the ground or water.

Excluded Costs Any:

Forestry Operations "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:

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Foundation Repair,
Stabilization,
Retrofitting
Lead
(1) fire, including the cost to extinguish, fight, contain, or clean up debris due to such fire;
(2) the loading or unloading from any vehicle of any timber or other materials relating to forestry, logging, lumbering, or similar land clearing operations; (3) erosion or the failure to control such erosion; or
(4) the erroneous cutting or removal of trees or crops, resulting from operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving forestry, logging, lumbering, or similar land clearing operations.
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of operations or "your work", conducted by you or on your behalf, or work conducted by an unrelated party, involving foundation repair, stabilization, or retrofitting. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
(1) the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead; or
(2) any:
(a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or
(b) claim, "suit", or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of lead.

This exclusion does not apply to "bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of:
(1) the original construction of any "apartment"; or
(2) "repair or remodeling" conducted by you or on your behalf on any single unit of "residential property", other than an "apartment", provided that the unit is certified for occupancy prior to the commencement of the repair or remodel work. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of any:
(1) actual , alleged, or threatened exposure to, inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or silica, whether alone or in combination with any substance, product, or material; or Includes copyrighted material of Page 7 of 10
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Subsidence/Earth
Movement
Toxic Drywall and
Similar Products
Work Insured Under
Wrap-Up Program
(2) loss, cost, or expense arising out of any testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any material containing silica. "Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of the "subsidence" of land.
(1) "Bodily injury" or "property damage" based upon or arising out of any "your work" or work conducted by an unrelated party, arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, or escape of any solid, liquid, gaseous, or thermal irritant or contaminant from any "toxic drywall and similar products".
(2) Any loss, cost, or expense based upon or arising out of any:
(a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any "toxic drywall and similar products". (b) claim or "suit" by or on behalf of a governmental authority for damages because of testing, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of "toxic drywall and similar products".
"Bodily injury", "property damage", or "personal and advertising injury" based upon or arising out of either your ongoing operations or operations included within the "productscompleted operations hazard", if a consolidated (wrap-up) insurance program has been provided by the contractor, project manager, or owner of the construction project in which you are involved. This exclusion will apply regardless of whether the consolidated (wrap-up) insurance program provides identical coverage to that afforded by this policy.

D. Exclusions Applicable to Medical Payments
The following exclusion is amended as follows for purposes of this Endorsement:

In SECTION I- COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, exclusion a. Any Insured is deleted in its entirety and replaced with the following:

Any Insured to any insured.

Ill. Definitions
A. The following definitions apply to this Endorsement. Additional definitions are contained in SECTION V - DEFINITIONS.
"Apartment"
"Biological agents"
means a unit of residential real property in a multi-family residential building or project where all units are owned by and titled to a single person or entity. means any:
a. (1) bacteria;
(2) mildew, mold, or fungi;
(3) other microorganisms; or
(4) mycotoxins, spores, or other byproducts of any of the above; ---- c~G· ~ ~-'"..v,1r-+1c10~Q-1--------1F1Glt1des-e013yrci§Ated--materia 0,.,__ __ _ ----- 8~age--8..oU .... Q,_ ____ _ Insurance Services Offices, Inc., with its permission.
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"Communicable
disease"
"Exterior insulation
and finish system"
"Multi-unit property"
"Repair or
remodeling"
b. viruses or other pathogens (whether or not a microorganism); or c. colony or group of any of the above.
means disease, illness, or disorder caused by bacteria, viruses, parasites, fungi, prions, microbes, or other pathogens, which:
a. can be transmitted, directly or indirectly, from one organism to another organism by any means; and
b. induces or is capable of inducing damage to human health or human welfare or can cause or threaten damage to, or deterioration or loss of, property or loss of use of property.
means a non-load bearing exterior cladding or finish system, and all its component parts, used on any part of any structure, and consisting of:
a. a rigid or semi-rigid insulation board made of expanded polystyrene and other materials;
b. the adhesive and/or mechanical fasteners used to attach the insulation board to the substrate;
c. a reinforced or unreinforced base coat;
d. a finish coat providing surface texture to which color may be added; and e. any flashing, caulking, or sealant used with the system for any purpose. means any unit of real property in a multi-use or mixed-use building or property where each unit can be separately owned and titled.
means work or operations limited to the maintenance, repair, renovation, restoration, improvement, betterment, alteration, or modification of an existing structure. "Repair or remodeling" does not include such work or operations where 50% or more of the existing structure on which such work or operations are performed has been, or during the course of the work or operations is, demolished.
"Residential property" means any structure intended for use or used for human dwelling, in whole or in part, including but not limited to, single-family dwellings, multi-family dwellings, townhomes, condominiums, and appurtenant structures.
"Subsidence" means earth movement of any kind, including but not limited to:
a. landslide;
b. mudflow;
c. earth sinking;
d. earth rising;
e. collapse or movement of fill;
f. improper compaction;
g. earth settling, slipping, falling away, caving in, eroding, or tilting; h. earthquake; or
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"Toxic drywall and
similar products"
"Tract home project"
i. any other movement of land or earth,
regardless of whether such earth movement is caused by any human act or any act of nature.
means any sheetrock, gypsum board, wallboard, or any other similar product which:
a. was manufactured in or distributed from the People's Republic of China (PRC); or b. emits:
(1) hydrogen sulfide (H2S);
(2) sulfur dioxide (SO2);
(3) strontium sulfide (SrS); or
(4) carbonyl sulfide (COS).
means a development of five (5) or more individual and freestanding houses which share common or similar design elements, floor plans, blueprints, and/or architectural details, and which are constructed at the same time, or consecutively, on the same parcel, adjacent parcels, or parcels so located within one geographic area as to be considered a single project.

B. The following definition is amended as follows for purposes of this Endorsement:

In Section V- Definitions, Subpart (2)(c) of the "Products-completed operations hazard" definition is deleted in its entirety and replaced with the following:
(c) When that part of the work done at a job site has been put to its intended use by any person or organization.

IV. Conditions
The following conditions apply and are conditions precedent to coverage under this policy. Additional conditions are contained in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.

Anti-Stacking Notwithstanding anything to the contrary in this policy, in the event this policy and any other policy issued to any insured by us or an affiliated company apply to the same occurrence or offense, the maximum limit of our liability under all such policies will not exceed the highest applicable limit of insurance available for the occurrence or offense under any one policy.
---- o~OL--E:49&1-€W-('t}§/:2@:- -------1Aellelees-€opyri§Ate€1 mate~+al f Insurance Services Offices, Inc., with its permission.
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HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
16 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES - CANCELLATION

AND NONRENEWAL
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following:

3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued, we may cancel_this_policy_only _upon
the occurrence, after the effective date of
the policy, of one or more of the following:
(1) Nonpayment of premium , including
payment due on a prior policy we issued
and due during the current policy term
covering the same risks.
(2) Discovery of fraud or material misrepresentation by:
(a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one
of its necessary elements an act which
materially increases any of the risks insured against.

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(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safety standards, by you or your representative, which materially increase any of the risks insured against.
(5) Failure by you or your representative to
implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of
Insurance that the:
(a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity
or solvency; or
(b) Continuation of the policy coverage
would:
(i) Place us in violation of California
law or the laws of the state where
we are domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your representative
in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased
or changed risk, unless the added, increased or changed risk is included in the policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason for
cancellation, to the first Named Insured at
the mailing address shown in the policy,
and to the producer of record, at least:
( 1) 10 days before the effective date of
cancellation if we cancel for nonpayment of premium or discovery of fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a.

B. The following provision is added to the Cancellation Common Policy Condition:

However, we shall cancel this policy if the
first Named Insured has accepted a new or
renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises. This Restriction (c.) applies
only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil
conditions:
(1) Capital Assets Program Coverage Form
(Output Policy);
(2) Commercial Property Coverage Part -
Causes Of Loss - Special Form; or
(3) Farm Coverage Part - Causes Of Loss
Form - Farm Property, Paragraph D.

Covered Causes Of Loss - Special.

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C. The following is added and supersedes any provisions to the contrary:

NONRENEWAL

We will mail or deliver our notice to the first
Named Insured, and to the producer of record,
at the mailing address shown in the policy.

However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies:
(1) The nonrenewal is based on sound
underwriting principles that relate to the
coverages provided by this policy and
that are consistent with the approved
rating plan and related documents filed
with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds
that the exposure to potential losses will
threaten our solvency or place us in a
hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims
payments for losses resulting from an
earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims;
or
(3) We have:
(a) Lost or experienced a substantial
reduction in the availability or scope
of reinsurance coverage; or
(b) Experienced a substantial increase
in the premium charged for reinsurance coverage of our residential property insurance policies; and
the Commissioner has approved a plan
for the nonrenewals that is fair and
equitable, and that is responsive to the
changes in our reinsurance position.
c. We will not refuse to renew such coverage
solely because the first Named Insured has
cancelled or did not renew a policy, issued
by the California_Earthquake AuthoriJy that~~
included an earthquake policy premium
surcharge.
d. We will not refuse to renew such coverage
solely because corrosive soil conditions exist on the premises. This Restriction (d.) applies only if coverage is subject to one of
the following, which exclude loss or damage caused by or resulting from corrosive soil conditions:
(1) Capital Assets Program Coverage Form
(Output Policy);
(2) Commercial Property Coverage Part -
Causes Of Loss - Special Form; or
(3) Farm Coverage Part - Causes Of Loss
Form - Farm Property, Paragraph D.

Covered Causes Of Loss - Special.

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b. If the policy has been extended for 90 days
or less, provided that notice has been given
in accordance with Paragraph C.1.
c. If you have obtained replacement coverage,
or if the first Named Insured has agreed, in
writing, within 60 days of the termination of
the policy, to obtain that coverage.
d. If the policy is for a period of no more than
60 days and you are notified at the time of
issuance that it will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate,
when the increase exceeds 25%.

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~'t'
HISCOX
Policy Number: P101.473.493.1
Named Insured: Richard Yau
Endorsement Number: 17
Endorsement Effective: 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The term "spouse" is replaced by the following:

Spouse or registered domestic partner under California law.

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~'"' HISCOX Hiscox Insurance Company Inc.

Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
18 01/31/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER

INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to the Other Insurance
Condition 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:

1. you have agreed in a written contract or
agreement to add such additional insured to
a policy providing the type of coverage afforded by this policy; and

CGL E5581 CW (03/16) Includes copyrighted material of
Insurance Services Office, Inc., with its permission

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~'ti
HISCOX
Policy Number: P101.473.493.1
Named Insured: Richard Yau
Endorsement Number: 19
Endorsement Effective: 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

If no information is stated above, the relevant information to complete the Schedule will be shown in the Declarations.

A. The coverage provided by this endorsement will
apply only up to the Limit of Insurance specified
above or in the Declarations, if no information is
shown in the Schedule.

B. With respect to the coverage provided by this
endorsement only, the following apply:

1. The exclusions under Paragraph 2.

Exclusions in Coverage A - Bodily Injury
and Property Damage Liability in Section I -
Coverages, other than Exclusions a., b., d., f.,
and i. are deleted in their entirety, and
exclusions e. and j. are replaced by the
following:
hn-e. Employer's Liability
"Bodily injury" to:
(1 )An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.

This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
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(2) To any obligation to share damages with
or repay someone else who must pay
damages because of injury.

2. Section II - Who Is An Insured is deleted in
its entirety and replaced by the following:

Each of the following is an insured under this
endorsement to the extent set forth below:
a. You;
b. Any other person using a "hired auto" with
your permission;
c. Solely for a "non-owned auto":
(1) Any partner or "executive officer" of
yours; or
(2) Any "employee" of yours ; but only while
such "non-owned auto" is being used in
your business; and
d. Any_ ot_he~ person or organization , but only
for their hab1l1ty because of acts or omissions
of an insured under a., b. or c. above.

C. For purposes of this endorsement only, Section Ill
- Limits of Insurance is amended to the extent
necessary to provide the following:

Regardless of the number of "hired autos" "nonowned autos", or vehicles involved, or the 'number of claims made or "suits" brought, the most we will
pay for all damages resulting from any one
"occurrence" covered under this endorsement will
be the Limit of Insurance stated in the Schedule
above.

Al! payments we make for damages covered by
this endorsement will be a part of, and not in
addition to, the General Aggregate Limit stated in
the Declarations.

D. For the purposes of this endorsement only, 4.

Other Insurance in Section IV - Commercial
General Liability Conditions is deleted in its
entirety and replaced by the following:

T~is ins~rance is specifically excess over any
primary insurance covering the "hired auto" or
"non-owned auto".

D. With respect to the coverage provided by this
endorsement, the following additional definitions
are added to Section V- Definitions:

1. "Auto business" means the business or occupation of selling, repairing, servicing, storing, or parking "autos".

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 includes "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.
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~'"' HISCOX
Policy Number:

Named Insured:

Endorsement Number:

Endorsement Effective:

P101.473.493.1
Richard Yau
20 01/31/2023
Hiscox Insurance Company Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. 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".

B. The following definitions are added:

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fl).I"
HISCOX
encourage courage•
Notices
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HISCOX Policyholder Notice
Electronic Delivery
If you received your insurance policy by email, it is because you have chosen electronic delivery of your policy documents and important notices, including cancellation and nonrenewal notices where permitted by law. We also will send any renewal policy documents to you by email at the address you have provided.

At any time you may request a paper copy of your policy, or you may withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost.

You must notify us if your email or street address changes. To update your email or street address, or to request paper documents, please contact us at 888-202-3007.

Page 1 of 1 ends

INT N003 CW (01/19)
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HISCOX Hiscox Insurance Company Inc.

A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of Treasury.

A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States.

In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following:
(1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade sanctions;
(2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any action in connection with such claim or suit is prohibited by US economic or trade sanctions; (3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to US economic or trade sanctions ; (4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country government, where any activities related to such property are prohibited by US economic or trade sanctions; or
(5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions.

Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the US Treasury's website at http://www.treas.gov/offices/enforcement/ofac/.

INT N001 CW 01 09 Page 1 of 1
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"'~ HISCOX
encourage courage•
Application Summary
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Application Summary
The following outlines the details you have given us about your business. We have relied on the accuracy of this information in order to issue your policy. If any of the items below are incorrect or have changed, please call us at so that we can update your policy details.

Your policy
Policy number:

Quote reference number:

Product:

Business name:

Business address:

City:

State:

Zip code:

County:

Name:

Email address:

Telephone number:

Per occurrence limit of liability:

Aggregate limit of liability:

Deductible:

Revenue:

When would you like your policy to start?
Locations
Covered Location 1:

Revenue:

Your business
Class of Business:

P101.473.493.1
Q101.473.493.001
Commercial General Liability
Richard Yau
11523 Country Spring Court
Cupertino
CA
95014
Santa Clara
Richard Yau
[email protected]
408-309-3970
$1,000,000
$2,000,000
$0
$150,000
January 31, 2023
11523 Country Spring Court
Cupertino
CA
95014
$150,000
© Hiscox Inc. 2010
Project manager (architecture or
engineering)

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Your business
Your business's ownership structure Sole Proprietor
------ Is your business operated out of your home? No
Do you currently have an insurance policy in effect for the coverage requested? Yes Project manager (architecture or engineering)
Does your business or any of your subcontractors provide any of the following services or work on any projects involving the following materials or infrastructure (check all that apply}?
• Aerospace engineering
• Amusement rides, pools or playgrounds
• Asbestos, lead, or mold evaluation or abatement
• Bridges, dams, harbors, mines, piers or tunnels
• Condominiums
• Design/build firms
• Emergency response or clean-up of any hazardous waste • Foundation, sheeting or retaining wall design
• Geotechnical / soils engineering
• Home inspections for prospective buyers or lenders
• Hydraulic fracturing, hydrofracturing or tracking
• Laboratory testing
• Land acquisition
• Land surveying, boundary surveying or construction staking • Marine engineering
• Mechanical engineering
• Mining engineering
• Nuclear engineering
• Oil, gas or well engineering
• Petro I chemical engineering
• Structural engineering
• Underground storage tanks or utilities
• None of the above
Does your business or any of your subcontractors directly perform any of the following physical services (check all that apply}?
• Carpentry
• Construction, demolition, or remodeling
• Delivery
• Electrical
• Equipment installation or repair
• Flooring
• General contracting
• Home building
• Lawn or garden maintenance
• Painting
• Plumbing
• Roofing
• Tiling
• Transportation
© Hiscox Inc. 2010
None of the above
None of the above
Page2
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Your business
• Any other physical maintenance/repair services?
• None of the above
Does your business subcontract any professional services? No Does your business supply, manufacture, or distribute any tangible goods or No products? This does not apply to construction projects your business designs or reviews.

Statements About Your Business
As the individual completing this transaction, you are authorized to purchase and Agree bind this insurance on behalf of the entity applying for coverage.

Your business is not controlled or owned by any other firm, corporation, or entity. Agree For the entire period of time that you have owned and controlled the business, you Agree have not sold, purchased or acquired, discontinued, merged into or consolidated with another business.

Your business has never had any commercial insurance cancelled or rescinded. Agree Business Activities
Your business does not conduct any of the following activities: Agree - Automotive repair or sales
- Food service/restaurant operations
- Medical Services
- Retail Operations
Note: This does not include the activities of your clients in any of these industries.

Claims and Loss History
Based upon your knowledge and the knowledge of your business's current and past partners, officers, directors and employees, during the last five years a third party has never made a claim against your business and you do not know of any reason why someone may make a claim.
© Hiscox Inc. 2010
Agree

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General Liability
The limits of liability represent the total amount available to pay judgments and settlements for any claims. We are not liable for any amounts that exceed these limits.

If coverage is provided, it shall apply only to occurrences that take place during the policy period.

Judgments, settlements and claims expenses incurred are subject to a deductible amount. The deductible is the amount you must pay before we will make any payments under the policy. Some coverage may not be subject to a deductible, in which case you are not required to make payments before any payments are made under the policy.

Please consult the policy language for details.

If you have knowledge of any circumstance that may lead to a loss or a claim being made against you, coverage will be excluded if such loss occurs or claim is made.

Occurrences that took place prior to the inception of the policy are excluded.

Fraud Warning
For your protection California law requires the following to appear on this form:

Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

Policy Cancellation Statement
You have 14 days from inception of your policy/policies to review your documents. If you have no losses or reported claims, you have the right to cancel back to inception for a full refund.

Other General Confirmation Statements
Optional Terrorism Yes
You have declined to purchase optional terrorism coverage.

Optional Business Personal Property Coverage Yes
You have declined to purchase optional business personal property and equipment coverage.
• You can receive your policy documents and important notices, including cancellation and nonrenewal notices, in electronic or paper form.

Agree to receive policy
documents by email
• We will send documents by email or US mail to the address you have provided.

You must notify us if your email or street address changes.

Agree to receive important notices
by email
• For electronic documents, you will need a computer with Internet access and the ability to receive external emails; software such as Adobe Reader® to view and save PDF documents; and a printer to create paper copies. • You can always withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost. © Hiscox Inc. 2010 Page 4
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Other General Confirmation Statements
• To update your email or street address, or to request paper documents, you can contact us at .

The information you provided is accurate and complete and has been used to accept your application and determine the terms and conditions your pol icy/policies.

I have read the information above and confirm it is correct. I understand that by checking this box and providing the premium payment I agree that I am entering into a binding agreement with Hiscox Insurance Company Inc. © Hiscox Inc. 2010 Page 5
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Declaration of Sole Proprietorship

DECLARATION AND ADDENDUM TO ALL CONTRACTS ENTERED INTO OR BID AWARDED TO: ___________ _, hereinafter "Organization"
For the purpose of inducing the City of Cupertino ("City") to enter into any contracts with Organization, or to go forward with any contracts awarded to Organization, I declare as follows:

I am the authorized representative of Organization, an independent contractor for the purposes of workers' compensation and labor laws in the State of California. This Organization will hire no employees for work required for any bid awarded or any contract entered into with the City.

All work required will be performed personally and solely by me.

If the Organization hires employees to perform this contract or any portion thereof, the Organization shall obtain workers' compensation insurance and provide proof of such coverage to the City.

If the Organization hires a subcontractor to perform this contract or any portion thereof, and the subcontractor has employees, then the Organization shall require its subcontractor to obtain workers' compensation insurance coverage. In the alternative, the Organization shall obtain workers' compensation insurance coverage on behalf of the subcontractor's employees.

This document constitutes a declaration by the Organization against its financial interest, relative to any claims that it may assert under the applicable workers' compensation and/or labor laws against the City relating to any bid awarded or contract entered into with this Organization. The Organization shall defend, indemnify and hold harmless the City from any and all liability, claims, demands, causes of action, charges, damages, injuries, fees including attorney fees, costs and expense that may be asserted or established by any person or entity in the event the Organization hires an employee in violation of this addendum.

I agree that this declaration shall constitute an addendum to any bid awarded or any contract entered into with this Organization. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

DATE

AUTHORIZED RESPRESENTA TIVE
Revised, 01 .01 .19
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State of California
County of Santa Clara
City of Cupertino
Contractor/Consultant Affidavit of No Employees
I, the undersigned, declare as follows:

I am an independent contractor and the owner of _______________ ~ I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino's contract.

I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this __ day of----~ 2023, at ________ ~ California.

PRINT NAME

SIGNATURE
Re:,ds_ed 2.05,23 ___ _
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Rev 1/2024

CITY OF CUPERTINO

COMPETITIVE BID/PROPOSAL
EXEMPTION REQUEST FORM (PURCHASES OVER $5,000)
This form is required for approval to procure goods or services above $5,000 without competition. The identified competitive exemptions in the Purchasing Policy are listed below, however additional details are in the Purchasing Policy and Cupertino Municipal Code.

First, select the type of exemption, then provide the explanation to support the selection. The explanation can include reference to the specific co-operative procurement process and contract, identified emergency, details confirming a sole source, or other circumstances that further support a requested exemption. Documents can be attached as support.

The importance of the explanation is to describe why an exemption to the competitive process required in the Purchasing Policy is requested. Describing the goods and/or services is helpful to document but will not suffice in determining whether an exemption is approved.

After the requestor signs the form, it is routed to the Purchasing Manager who reviews and then forwards on to the Purchasing Authority. (An electronic form is in development.) FROM ANOTHER GOVERNMENT AGENCY – Purchasing goods or services from other public agency
COOPERATIVE PROCUREMENT – Utilizing solicitation of another public entity EMERGENCY PROCUREMENT –Emergency determined based on criteria in Purchasing Policy
SOLE SOURCE FOR GOODS OR SERVICES - available only from a single provider OTHER
EXPLANATION (MUST ACCOMPANY YOUR REQUEST):

TYPES OF EXEMPTIONS
Attachment B
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REQUESTOR: DATE
REQUESTED:

PURCHASING AUTHORITY
APPROVAL:

DATE
APPROVED:

PURCHASING MANAGER: REVIEWED: COMMENTS:
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CITY OF CUPERTINO
Agenda Item
24-12869 Agenda Date: 3/5/2024
Agenda #: 6.

Subject: Consider an appeal of the Planning Commission’s decision to approve a sign exception to allow two wall signs for a single tenant (Shane Co.) at an existing retail building (Application No(s):

EXC-2022-004; Applicant/Appellant: Kevin Tallman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044)
Conduct a public hearing and adopt Resolution No. 24-021 upholding the appeal in part, approving an exception for one of the two-requested wall signs along the east facade Presenter: Gian Martire, Senior Planner
CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2024
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CITY COUNCIL STAFF REPORT
Agenda Date: March 5, 2024
Subject
Consider an appeal of the Planning Commission’s decision to approve a sign exception to allow two wall signs for a single tenant (Shane Co) at an existing retail building (Application No(s): EXC-2022-004; Applicant/Appellant: Kevin Tallman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044).

Recommended Actions
Conduct a public hearing and adopt Resolution No. 24-021 (Attachment A) upholding the appeal in part, approving an exception for one of the two requested wall signs along the east façade.

DISCUSSION
Project Data:

General Plan Designation: Commercial / Office / Residential Special Area: Central Stevens Creek Sub-area of the Heart of the City Special Area
Master Plan/Conceptual Plan Heart of the City Specific Plan Zoning Designation: P (CG, Res) Planned Development General Commercial, and Residential Intent
Property Area: 83,766 sq. ft.

Building Area: 28,813 sq. ft.

Project Consistency with
General Plan: Yes
Zoning: Yes, with approval of exception
Environmental Assessment: Categorically Exempt
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Shane Co. March 5, 2024
EXC-2022-004 19900 Stevens Creek Blvd. Page 2
Background
The property is located south of Stevens Creek Blvd, between S. Blaney and S. Portal Avenues, within the Central Stevens Creek sub-area of the Heart of the City Special Area, which serves as the main commercial corridor in the City. It is currently occupied by Keller Williams, Shane Co. Jewelers, and Dance Academy USA. The site is surrounded by other commercial and commercial office uses (Cort Furniture, Pacific Workplaces, Travigne retail) to the north, single family residences to the south, a condominium complex to the east, and commercial uses (formerly Arya Restaurant, a bank, and a gas station) to the west.

Shane Co. currently has one wall sign and one ground sign, as previously permitted under Municipal Code sections 19.104.140 and 19.104.160. Shane Co. intends to engage in exterior improvements, and after the improvements are completed, Shane Co. will reinstall the existing wall sign.

On September 28, 2023, at an
Administrative Hearing, the
Administrative Hearing Officer
approved an Architectural and Site
Approval (ASA-2023-004) for exterior
improvements to the front and side
facade of Shane Co.

Following the Architectural and Site
Approval granted by the
Administrative Hearing Officer, Kevin
Tallman, representing Shane Co.,
applied for a Sign Exception to allow two additional wall signs for a total of three where, absent a Sign Exception, only one is allowed for a single tenant (Shane Co) at an existing retail building. If granted, the total signage would result in three wall signs and one space on an existing shared ground mounted sign.

On December 12, 2023, in accordance with the procedures outlined in Municipal Code

19.12.03 Approval Authority, the Planning Commission, acting as the approval body, conducted a public hearing at its regular meeting to review the Sign Exception. The Planning Commission with a 4-0 vote (Ayes: Scharf, Madhdhipatla, Fung and Lindskog.

Noes: None. Abstain: None. Absent: Mistry) approved the Sign Exception with modifications, limiting it to one unilluminated wall sign as a sign exception on the east facade at location 2, for a total of two wall signs. Resolution No. 2023-24 for the approval is attached (Attachment C).

Figure 1: Site aerial

STEVENS CREEK BLVD

BLANEY AVENUE

PORTAL AVENUE
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Shane Co. March 5, 2024
EXC-2022-004 19900 Stevens Creek Blvd. Page 3
On December 20, 2023, the applicants / appellant, representing Shane Co., appealed the Planning Commission’s decision (Attachment B). The basis of the applicant’s appeal is that the Planning Commission’s decision did not consider the site’s unique challenges that hinder its visibility for customers, which include the following:

1. The building is set further back from Stevens Creek Boulevard, obscured by mature street trees.

2. Design of the retail building has the front entrance along the east façade and not along Stevens Creek Boulevard. Further, the design of the building is more industrial/office than retail.

Council’s review of the Planning Commission’s determination is de novo, The Council may affirm or modify the Commission’s decision based on evidence presented at the public hearing, including any evidence in the record.

Discussion
Sign Exception Request
As signage details were excluded from the prior Planning Entitlement, Staff reviews signage proposals at the time the applicant applies for a sign permit. Currently, Shane Co. has one wall sign on the north
façade facing Stevens Creek
Boulevard, as well as signage on
the building’s ground sign (see
Figure 2).

The applicant is requesting a Sign
Exception to allow a total of three
wall signs where one is permitted.

The existing permitted sign is
referenced as the “North Façade.”
The two additional signs
proposed are identified as
Location 1 and Location 2. Figures
2 & 3 illustrate the existing
signage and the proposed
locations of the two new signs
respectively.

Figure 2 North (Stevens Creek Blvd) existing facade sign.

Location 1
Figure 3 East facade proposed signs.

Location 2
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The applicant is proposing that all the signs be individual channel letters, with a black steel face and internally illuminated with LED lighting, giving a halo appearance. All signs proposed are within the 250-foot lambert illumination limit in the Municipal Code.

Please refer to Attachments D & E for Plan Set and Sign Presentation.

Planning Commission
On December 12, 2023, the Planning Commission approved the Sign Exception with modifications, limiting it to one unlighted wall sign as a sign exception on the east facade at location 2, for a total of two wall signs. The Planning Commission denied the request for the approved wall sign at location 2 to be illuminated as it could cause a distraction to motorists along Stevens Creek Boulevard.

Staff Recommendation
Below in Table 1, the proposed signs are evaluated against the sign regulations for wall signs for commercial and industrial uses in Municipal Code section 19.104.140 (Permanent Wall Signs).

Table 1 Summary of regulations as it relates to each sign.

Permitted Proposed Wall Signs
North Facade Location One Location Two
Number of
Wall Signs
One sign per business with
exterior frontage. One additional
for:
- Businesses with no ground sign
and adjacent to more than one
street or shopping center
driveway.
- Sign directed to interior of
project and not visible from any
public right- of-way.
- Single tenant building pad with
more than 5,000 s.f.

Permitted Although
adjacent to a
shopping center
driveway, the
business is
ordinarily not
permitted to
have a second
wall sign since
they are
utilizing space
on an existing
ground sign and
thus would
need an
exception.

A single
business is not
permitted to
have a third
wall sign.

The Municipal Code allows an additional wall sign for businesses in buildings that are adjacent to a driveway but do not have a ground sign. However, the applicant has a ground sign and thus requires an exception under Municipal Code section 19.104.290 to permit the installation of a second and/or third wall sign. Section 19.104.290 provides that a sign exception may be approved if the approval body makes each of the following findings:
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A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title;
B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose.

As discussed below, staff believes that these findings can be made with respect to the first additional wall signed proposed by the applicant (Figure 3, Location 1). As the applicant has provided, and described in their presentation, the individual channel letters will be designed with a black steel face and internally illuminated with LED lighting, giving a halo appearance and allowing for visibility of the sign from Steven Creek Boulevard. The project is conditioned to meet code standards for intensity and hours of illumination.

Accordingly, staff believes the findings in Section 19.104.290 can be made to allow for the installation of one illuminated sign.

However, Planning staff does not believe granting an exception for the second wall additional sign proposed on the east elevation (Figure 3, Location 2) meets the required findings because there is an existing ground sign and a wall sign at the North Façade already utilized by the business. Additionally, if the wall signs at Locations 1 and 2 are allowed as exceptions, the building would have a total of three wall signs located in prominent locations and one ground sign for signage. Allowing multiple wall signs along the east elevation exceeds the allowed number of wall signs permitted for a single business and is contrary to the intent and purpose of Municipal Code Chapter 19.104, which seeks to provide architectural and aesthetic harmony of signs as they relate to building design and quantity to allow for good visibility for the public and the needs of the business. The sign would be located 100 feet from the Stevens Creek Boulevard curb, would not face Stevens Creek Boulevard, and would not add value in visibility of the business. Therefore, staff does not recommend allowing an exception for the second wall sign at Location 2 proposed on the east elevation.

Cupertino Municipal Code Findings
The Cupertino Municipal Code includes findings for approval of various permits necessary to approve the proposed project. These finding provide a framework for making decisions and facilitating an orderly analysis of the review of a project. Listed below are the findings for the three permits sought by the applicant that the City must make in rendering a decision whether to grant an exception on this project. Council’s review of the Planning Commission’s determination is de novo, The Council may affirm 280
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or modify the Commission’s decision based on evidence presented at the public hearing, including any evidence in the record.

Sign Exception (CMC 19.104.290)
A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title;
CMC 19.104 Signs has allowances for multiple wall signs on the different facades. Allowing an exception for a single wall sign along the east façade is consistent with the spirit and intent of the Ordinance. However, allowing a third wall sign, combined with a ground sign, is far above the maximum number of signage facing a busy thoroughfare such as Stevens Creek Boulevard and would allocate multiple signage to a single business. This is contrary to the intent and purpose of this Chapter to provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping as well as quantity which will allow for good visibility for the public and the needs of the business.

B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and The sizes and location of the signs will not result in situation that is materially detrimental to the public health, safety, or welfare to the community as the sizes of the signs and the proposed halo illuminated signage is well below the maximum standards ordained in the Municipal Code.

C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose.

Allowing the two wall signs along the east façade is above the allowed number of wall signs.

The exception would require a greater modification and variance to Municipal Code section

19.104 Signs than would typically be supported by staff. However, allowing a single wall sign along the east façade is within the limitations of the Municipal Code and is recommended to be approved by City Council.

The City Council has discretion to review the Planning Commission’s decision and make findings regarding the applicability of the sign exception. The City Council’s decision will be final unless reconsidered within 10 days of the decision.

Fiscal Impacts
The project will most likely generate fees for sign permits and inspections.

Sustainability Impacts
The proposed project would not conflict any goals or measures to reduce GHG emissions in the CAP.
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California Environmental Quality Act
This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15301 (existing facilities).

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Christopher Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
ATTACHMENTS:

A. Draft Resolution No. 24-021
B. Appeal Form
C. Planning Commission Resolution No. 2023-24
D. Plan Set
E. Customer Sign Presentation
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

UPHOLDING THE APPEAL IN PART, APPROVING AN EXCEPTION FOR

ONE OF THE TWO-REQUESTED WALL SIGNS ALONG THE EAST
FAÇADE LOCATED AT 19900 STEVENS CREEK BLVD.
________________________________________________________________________ ____________________________________________________________________ WHEREAS, the Planning Commission of the City of Cupertino received an application for a Sign Exception (EXC-2022-004) to allow two additional wall signs for a single tenant (Shane Co) at an existing retail building; WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, on December 12, 2023, the Planning Commission approved the Sign Exception (EXC-2022-004) with modifications, limiting it to one unlighted wall sign as a sign exception on the east facade at location 2, for a total of two wall signs, by a 4-0 vote the in substantially similar form to the Resolution presented (Resolution No. 2023-24); and
WHEREAS, on December 20, 2023, the applicants, on behalf of Shane Co., appealed the Planning Commission’s decision to modify the sign exception; and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and WHEREAS, on March 5, 2024, the City Council held a public hearing to consider the Project; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for the appeal of the Planning Commission decision.

WHEREAS, the applicant has met the burden of proof required to support said application with the modification of the scope to only allow for an additional wall sign along the east façade, as detailed in the Staff report; and 283
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Resolution No. __________________

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Cupertino City CouncilMarch 5, 2024

Cupertino City Council
March 5, 2024