h. A party wall is a wall that separates and is
common to adjoining buildings that are
owned by different parties. In settling
covered losses involving a party wall, we
will pay a proportion of the loss to the party
wall based on your interest in the wall in
proportion to the interest of the owner of the
adjoining building. However, if you elect to
repair or replace your building and the
owner of the adjoining building elects not to
repair or replace that building, we will pay
you the full value of the loss to the party
wall, subject to all applicable policy
provisions including Limits of Insurance, the
Valuation and Coinsurance Conditions and
all other provisions of this Loss Payment
Condition. Our payment under the
provisions of this paragraph does not alter
any right of subrogation we may have
against any entity, including the owner or
insurer of the adjoining building, and does
not alter the terms of the Transfer Of Rights
Of Recovery Against Others To Us
Condition in this policy.
5. Recovered Property
If either you or we recover any property after
loss settlement, that party must give the other
prompt notice. At your op tion, the property will
be returned to you. You must then return to us
the amount we paid to you for the property. We
will pay recovery expen ses and th e expenses
to repair the recovered property, subject to the
Limit of Insurance.
6. Vacancy
a. Description Of Terms
(1) As used in this Vacancy Condition, the
term building and the term vacant have
the meanings set forth in (1)(a) and
(1)(b) below:
(a) When this policy is issued to a
tenant, and with respect to that
tenant's interest in Covered Property,
building means the unit or suite
rented or leased to the tenant. Such
building is vacant when it does not
contain enough business personal
property to conduct customary
operations.
(b) When this policy is issued to the
owner or general lessee of a
building, building means the entire
building. Such building is vacant
unless at least 31% of its total
square footage is:
(i) Rented to a lessee or sublessee
and used by the lessee or
sublessee to conduct its
customary operations; and/or
(ii) Used by the building owner to
conduct customary operations.
(2) Buildings under construction or
renovation are not considered vacant.
b. Vacancy Provisions
If the building where loss or damage occurs
has been vacant for more than 60
consecutive days before that loss or
damage occurs:
(1) We will not pay for any loss or damage
caused by any of the following, even if
they are Covered Causes of Loss:
(a) Vandalism;
(b) Sprinkler leakage, unless you have
protected the system against
freezing;
(c) Building glass breakage;
(d) Water damage;
(e) Theft; or
(f) Attempted theft.
(2) With respect to Covered Causes of Loss
other than those listed in b.(1)(a)
through b.(1)(f) above, we will reduce
the amount we would otherwise pay for
the loss or damage by 15%.
7. Valuation
We will determine the value of Covered
Property in the event of loss or damage as
follows:
a. At actual cash value as of the time of loss
or damage, except as provided in b., c., d.
and e. below.
b. If the Limit of Insurance for Building
satisfies the Additional Condition,
Coinsurance, and the cost to repair or
replace the damaged building property is
$2,500 or less, we will pay the cost of
building repairs or replacement.
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The cost of building repairs or replacement
does not include the increased cost
attributable to enforcement of or
compliance with any ordinance or law
regulating the construction, use or repair of
any property.
However, the following property will be
valued at the actual cash value, even when
attached to the building:
(1) Awnings or floor coverings;
(2) Appliances for refrigerating, ventilating,
cooking, dishwashing or laundering; or
(3) Outdoor equipment or furniture.
c. "Stock" you have sold but not delivered at
the selling price less discounts and
expenses you otherwise would have had.
d. Glass at the cost of replacement with
safety-glazing material if required by law.
e. Tenants' Improvements and Betterments at:
(1) Actual cash value of the lost or
damaged property if you make repairs
promptly.
(2) A proportion of your original cost if you
do not make repairs promptly. We will
determine the proportionate value as
follows:
(a) Multiply the original cost by the
number of days from the loss or
damage to the expiration of the
lease; and
(b) Divide the amount determined in (a)
above by the number of days from
the installation of improvements to
the expiration of the lease.
If your lease contains a renewal option,
the expiration of the renewal option
period will replace the expiration of the
lease in this procedure.
(3) Nothing if others pay for repairs or
replacement.
F. Additional Conditions
The following conditions apply in addition to the
Common Policy Conditions and the Commercial
Property Conditions:
1. Coinsurance
If a Coinsurance percentage is shown in the
Declarations, the following condition applies:
a. We will not pay the full amount of any loss if
the value of Covered Property at the time of
loss times the Coinsurance percentage
shown for it in the Declarations is greater
than the Limit of Insurance for the property.
Instead, we will determine the most we will
pay using the following steps:
(1) Multiply the value of Covered Property
at the time of loss by the Coinsurance
percentage;
(2) Divide the Limit of Insurance of the
property by the figure determined in
Step (1);
(3) Multiply the total amount of loss, before
the application of any deductible, by the
figure determined in Step (2); and
(4) Subtract the deductib le from the figure
determined in Step (3).
We will pay the amount determined in Step
(4) or the Limit of Insurance, whichever is
less. For the remainder, you will either have
to rely on other insurance or absorb the
loss yourself.
Example 1 (Underinsurance)
When: The value of the property is: $ 250,000
The Coinsurance percentage
for it is: 80%
The Limit of Insurance for it is: $ 100,000
The Deductible is: $ 250
The amount of loss is: $ 40,000
Step (1):
$250,000 x 80% = $200,000
(the minimum amount of insurance to
meet your Coinsurance requirements)
Step (2): $100,000 ÷ $200,000 = .50
Step (3): $40,000 x .50 = $20,000
Step (4): $20,000 – $250 = $19,750
We will pay no more than $19,750. The remaining
$20,250 is not covered.
Example 2 (Adequate Insurance)
When: The value of the property is: $ 250,000
The Coinsurance percentage
for it is: 80%
The Limit of Insurance for it is: $ 200,000
The Deductible is: $ 250
The amount of loss is: $ 40,000
The minimum amount of insurance to meet your
Coinsurance requirement is $200,000 ($250,000 x
80%). Therefore, the Limit of Insurance in this
example is adequate, and no penalty applies. We will
pay no more than $39,750 ($40,000 amount of loss
minus the deductible of $250).
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b. If one Limit of Insurance applies to two or
more separate items, this condition will
apply to the total of all property to which the
limit applies.
Example 3
When: The value of the property is:
Building at Location 1: $ 75,000
Building at Location 2: $ 100,000
Personal Property
at Location 2: $ 75,000
$ 250,000
The Coinsurance percentage
for it is: 90%
The Limit of Insurance for
Buildings and Personal Property
at Locations 1 and 2 is: $ 180,000
The Deductible is: $ 1,000
The amount of loss is:
Building at Location 2: $ 30,000
Personal Property
at Location 2: $ 20,000
$ 50,000
Step (1): $250,000 x 90% = $225,000
(the minimum amount of insurance to
meet your Coinsurance requirements
and to avoid the penalty shown below)
Step (2): $180,000 ÷ $225,000 = .80
Step (3): $50,000 x .80 = $40,000
Step (4): $40,000 – $1,000 = $39,000
We will pay no more than $39,000. The remaining
$11,000 is not covered.
2. Mortgageholders
a. The term mortgageholder includes trustee.
b. We will pay for covered loss of or damage
to buildings or structures to each
mortgageholder shown in the Declarations
in their order of precedence, as interests
may appear.
c. The mortgageholder has the right to receive
loss payment even if the mortgageholder
has started foreclosure or similar action on
the building or structure.
d. If we deny your claim because of your acts
or because you have failed to comply with
the terms of this Coverage Part, the
mortgageholder will still have the right to
receive loss payment if the mortgageholder:
(1) Pays any premium due under this
Coverage Part at our request if you
have failed to do so;
(2) Submits a signed, sworn proof of loss
within 60 days after receiving notice
from us of your failure to do so; and
(3) Has notified us of any change in
ownership, occupancy or substantial
change in risk known to the
mortgageholder.
All of the terms of this Coverage Part will
then apply directly to the mortgageholder.
e. If we pay the mortgageholder for any loss
or damage and deny payment to you
because of your acts or because you have
failed to comply with the terms of this
Coverage Part:
(1) The mortgageholder's rights under the
mortgage will be transferred to us to the
extent of the amount we pay; and
(2) The mortgageholder's right to recover
the full amount of the mortgageholder's
claim will not be impaired.
At our option, we may pay to the
mortgageholder the whole principal on the
mortgage plus any accrued interest. In this
event, your mortgage and note will be
transferred to us and you will pay your
remaining mortgage debt to us.
f. If we cancel this policy, we will give written
notice to the mortgageholder at least:
(1) 10 days before the effective date of
cancellation if we cancel for your
nonpayment of premium; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
g. If we elect not to rene w this policy, we will
give written notice to the mortgageholder at
least 10 days before the expiration date of
this policy.
G. Optional Coverages
If shown as applicable in the Declarations, the
following Optional Coverages apply separately to
each item:
1. Agreed Value
a. The Additional Condition, Coinsurance,
does not apply to Covered Property to
which this Optional Coverage applies. We
will pay no more for loss of or damage to
that property than the proportion that the
Limit of Insurance under this Coverage Part
for the property bears to the Agreed Value
shown for it in the Declarations.
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b. If the expiration date for this Optional
Coverage shown in the Declarations is not
extended, the Additional Condition,
Coinsurance, is reinstated and this Optional
Coverage expires.
c. The terms of this Optional Coverage apply
only to loss or damage that occurs:
(1) On or after the effective date of this
Optional Coverage; and
(2) Before the Agreed Value expiration date
shown in the Declarations or the policy
expiration date, whichever occurs first.
2. Inflation Guard
a. The Limit of Insurance for property to which
this Optional Coverage applies will
automatically increase by the annual
percentage shown in the Declarations.
b. The amount of increase will be:
(1) The Limit of Insurance that applied on
the most recent of the policy inception
date, the policy anniversary date, or any
other policy change amending the Limit
of Insurance, times
(2) The percentage of annual increase
shown in the Declarations, expressed as
a decimal (example: 8% is .08), times
(3) The number of days since the beginning
of the current policy year or the effective
date of the most recent policy change
amending the Limit of Insurance, divided
by 365.
Example
If: The applicable Limit of Insurance is: $ 100,000
The annual percentage increase is: 8%
The number of days since the
beginning of the policy year
(or last policy change) is: 146
The amount of increase is:
$100,000 x .08 x 146 ÷ 365 = $ 3,200
3. Replacement Cost
a. Replacement Cost (without deduction for
depreciation) replaces Actual Cash Value in
the Valuation Loss Condition of this
Coverage Form.
b. This Optional Coverage does not apply to:
(1) Personal property of others;
(2) Contents of a residence;
(3) Works of art, antiques or rare articles,
including etchings, pictures, statuary,
marbles, bronzes, porcelains and bric-a-
brac; or
(4) "Stock", unless the Including "Stock"
option is shown in the Declarations.
Under the terms of this Replacement Cost
Optional Coverage, tenants' improvements
and betterments are not considered to be
the personal property of others.
c. You may make a claim for loss or damage
covered by this insurance on an actual cash
value basis instead of on a replacement
cost basis. In the event you elect to have
loss or damage settled on an actual cash
value basis, you may still make a claim for
the additional coverage this Optional
Coverage provides if you notify us of your
intent to do so within 180 days after the loss
or damage.
d. We will not pay on a replacement cost basis
for any loss or damage:
(1) Until the lost or damaged property is
actually repaired or replaced; and
(2) Unless the repair or replacement is
made as soon as reasonably possible
after the loss or damage.
With respect to tenants' improvements and
betterments, the following also apply:
(3) If the conditions in d.(1) and d.(2) above
are not met, the value of tenants'
improvements and betterments will be
determined as a proportion of your
original cost, as set forth in the
Valuation Loss Condition of this
Coverage Form; and
(4) We will not pay for loss or damage to
tenants' improvements and betterments
if others pay for repairs or replacement.
e.
We will not pay more for loss or damage on
a replacement cost basis than the least of
(1), (2) or (3), subject to f. below:
(1) The Limit of Insurance applicable to the
lost or damaged property;
(2) The cost to replace the lost or damaged
property with other property:
(a) Of comparable material and quality;
and
(b) Used for the same purpose; or
(3) The amount actually spent that is
necessary to repair or replace the lost or
damaged property.
If a building is rebuilt at a new premises, the
cost described in e.(2) above is limited to
the cost which would have been incurred if
the building had been rebuilt at the original
premises.
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f. The cost of repair or replacement does not
include the increased cost attributable to
enforcement of or compliance with any
ordinance or law regulating the
construction, use or repair of any property.
4. Extension Of Replacement Cost To
Personal Property Of Others
a. If the Replacement Cost Optional Coverage
is shown as applicable in the Declarations,
then this Extension may also be shown as
applicable. If the Declarations show this
Extension as applicable, then Paragraph
3.b.(1) of the Replacement Cost Optional
Coverage is deleted and all other provisions
of the Replacement Cost Optional
Coverage apply to replacement cost on
personal property of others.
b. With respect to replacement cost on the
personal property of others, the following
limitation applies:
If an item(s) of personal property of others
is subject to a written contract which
governs your liability fo r loss or damage to
that item(s), then val uation of that item(s)
will be based on the amount for which you
are liable under such contract, but not to
exceed the lesser of the replacement cost
of the property or the applicable Limit of
Insurance.
H. Definitions
1. "Fungus" means any type or form of fungus,
including mold or mildew, and any mycotoxins,
spores, scents or by-products produced or
released by fungi.
2. "Pollutants" means 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.
3. "Stock" means merchandise held in storage or
for sale, raw materials and in-process or
finished goods, including supplies used in their
packing or shipping.
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BUSINESS INCOME (AND EXTRA EXPENSE)
COVERAGE FORM
Various provisions in this policy restrict coverage. R ead 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. The words "we", "us" and "our" refer to the company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions.
A. Coverage
1. Business Income
Business Income means the:
a. Net Income (Net Profit or Loss before
income taxes) that would have been earned
or incurred; and
b. Continuing normal operating expenses
incurred, including payroll.
For manufacturing risks, Net Income includes
the net sales value of production.
Coverage is provided as described and limited
below for one or more of the following options
for which a Limit Of Insurance is shown in the
Declarations:
(1) Business Income Including "Rental
Value".
(2) Business Income Other Than "Rental
Value".
(3) "Rental Value".
If option (1) above is selected, the term
Business Income will in clude "Rental Value". If
option (3) above is selected, the term Business
Income will mean "Rental Value" only.
If Limits of Insurance are shown under more
than one of the above options, the provisions
of this Coverage Part apply separately to each.
We will pay for the actual loss of Business
Income you sustain due to the necessary
"suspension" of your "operations" during the
"period of restoration". The "suspension" must
be caused by direct physical loss of or damage
to property at premises which are described in
the Declarations and for which a Business
Income Limit Of Insurance is shown in the
Declarations. The loss or damage must be
caused by or result fr om a Covered Cause of
Loss. With respect to loss of or damage to
personal property in the open or personal
property in a vehicle, the described premises
include the area within 100 feet of such
premises.
With respect to the requirements set forth in
the preceding paragraph, if you occupy only
part of a building, your premises means:
(a) The portion of the building which you
rent, lease or occupy;
(b) The area within 100 feet of the
building or within 100 feet of the
premises described in the
Declarations, whichever distance is
greater (with respect to loss of or
damage to personal property in the
open or personal property in a
vehicle); and
(c) Any area within the building or at the
described premises, if that area
services, or is used to gain access
to, the portion of the building which
you rent, lease or occupy.
2. Extra Expense
a. Extra Expense Coverage is provided at the
premises described in the Declarations only
if the Declarations show that Business
Income Coverage applies at that premises.
b. Extra Expense means necessary expenses
you incur during the "per iod of restoration"
that you would not hav e incurred if there
had been no direct physical loss or damage
to property caused by or resulting from a
Covered Cause of Loss.
We will pay Extra Expense (other than the
expense to repair or replace property) to:
(1) Avoid or minimize the "suspension" of
business and to continue operations at
the described premises or at
replacement premises or temporary
locations, including relocation expenses
and costs to equip and operate the
replacement location or temporary
location.
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(2) Minimize the "suspension" of business if
you cannot continue "operations".
We will also pay Extra Expense to repair or
replace property, but only to the extent it
reduces the amount of loss that otherwise
would have been payable under this
Coverage Form.
3. Covered Causes Of Loss, Exclusions And
Limitations
See applicable Causes Of Loss form as shown
in the Declarations.
4. Additional Limitation – Interruption Of
Computer Operations
a. Coverage for Business Income does not
apply when a "suspension" of "operations"
is caused by destruction or corruption of
electronic data, or any loss or damage to
electronic data, except as provided under
the Additional Coverage, Interruption Of
Computer Operations.
b. Coverage for Extra Expense does not apply
when action is taken to avoid or minimize a
"suspension" of "operations" caused by
destruction or corruption of electronic data,
or any loss or damage to electronic data,
except as provided under the Additional
Coverage, Interruption Of Computer
Operations.
c. Electronic data means information, facts or
computer programs stored as or on,
created or used on, or transmitted to or
from computer software (including systems
and applications software), on hard or
floppy disks, CD-ROMs, tapes, drives, cells,
data processing devices or any other
repositories of computer software which are
used with electronically controlled
equipment. The term computer programs,
referred to in the foregoing description of
electronic data, means a set of related
electronic instructions which direct the
operations and functions of a computer or
device connected to it, which enable the
computer or device to receive, process,
store, retrieve or send data.
d. This Additional Limitation does not apply
when loss or damage to electronic data
involves only electronic data which is
integrated in and operates or controls a
building's elevator, lighting, heating,
ventilation, air conditioning or security
system.
5. Additional Coverages
a. Civil Authority
In this Additional Coverage, Civil Authority,
the described premises are premises to
which this Coverage Form applies, as
shown in the Declarations.
When a Covered Cause of Loss causes
damage to property other than property at
the described premises, we will pay for the
actual loss of Business Income you sustain
and necessary Extra Expense caused by
action of civil authority that prohibits access
to the described premises, provided that
both of the following apply:
(1) Access to the area immediately
surrounding the damaged property is
prohibited by civil authority as a result of
the damage, and the described
premises are within that area but are not
more than one mile from the damaged
property; and
(2) The action of civil authority is taken in
response to dangerous physical
conditions resulting from the damage or
continuation of the Covered Cause of
Loss that caused the damage, or the
action is taken to enable a civil authority
to have unimpeded access to the
damaged property.
Civil Authority Coverage for Business
Income will begin 72 hours after the time of
the first action of civil authority that prohibits
access to the described premises and will
apply for a period of up to four consecutive
weeks from the date on which such
coverage began.
Civil Authority Coverage for Extra Expense
will begin immediately after the time of the
first action of civil authority that prohibits
access to the described premises and will
end:
(1) Four consecutive weeks after the date
of that action; or
(2) When your Civil Authority Coverage for
Business Income ends;
whichever is later.
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b. Alterations And New Buildings
We will pay for the actual loss of Business
Income you sustain and necessary Extra
Expense you incur due to direct physical
loss or damage at the described premises
caused by or resulting from any Covered
Cause of Loss to:
(1) New buildings or structures, whether
complete or under construction;
(2) Alterations or additions to existing
buildings or structures; and
(3) Machinery, equipment, supplies or
building materials located on or within
100 feet of the described premises and:
(a) Used in the construction, alterations
or additions; or
(b) Incidental to the occupancy of new
buildings.
If such direct physical loss or damage
delays the start of "operations", the "period
of restoration" for Business Income
Coverage will begin on the date
"operations" would have begun if the direct
physical loss or damage had not occurred.
c. Extended Business Income
(1) Business Income Other Than "Rental
Value"
If the necessary "suspension" of your
"operations" produces a Business
Income loss payable under this policy,
we will pay for the actual loss of
Business Income you incur during the
period that:
(a) Begins on the date property (except
"finished stock") is actually repaired,
rebuilt or replaced and "operations"
are resumed; and
(b) Ends on the earlier of:
(i) The date you could restore your
"operations", with reasonable
speed, to the level which would
generate the business income
amount that would have existed if
no direct physical loss or damage
had occurred; or
(ii) 60 consecutive days after the
date determined in (1)(a) above.
However, Extended Business Income
does not apply to loss of Business
Income incurred as a result of
unfavorable business conditions caused
by the impact of the Covered Cause of
Loss in the area where the described
premises are located.
Loss of Business Income must be
caused by direct physical loss or
damage at the described premises
caused by or resulting from any Covered
Cause of Loss.
(2) "Rental Value"
If the necessary "suspension" of your
"operations" produces a "Rental Value"
loss payable under this policy, we will
pay for the actual loss of "Rental Value"
you incur during the period that:
(a) Begins on the date property is
actually repaired, rebuilt or replaced
and tenantability is restored; and
(b) Ends on the earlier of:
(i) The date you could restore tenant
occupancy, with reasonable
speed, to the level which would
generate the "Rental Value" that
would have existed if no direct
physical loss or damage had
occurred; or
(ii) 60 consecutive days after the
date determined in (2)(a) above.
However, Extended Business Income
does not apply to loss of "Rental Value"
incurred as a result of unfavorable
business conditions caused by the
impact of the Covered Cause of Loss in
the area where the described premises
are located.
Loss of "Rental Value" must be caused
by direct physical loss or damage at the
described premises caused by or
resulting from any Covered Cause of
Loss.
d. Interruption Of Computer Operations
(1) Under this Additional Coverage,
electronic data has the meaning
described under Additional Limitation –
Interruption Of Computer Operations.
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(2) Subject to all provisions of this
Additional Coverage, you may extend
the insurance that applies to Business
Income and Extra Expense to apply to a
"suspension" of "operations" caused by
an interruption in computer operations
due to destruction or corruption of
electronic data due to a Covered Cause
of Loss. However, we will not provide
coverage under this Additional
Coverage when the Additional Limitation
– Interruption Of Computer Operations
does not apply based on Paragraph
A.4.d. therein.
(3) With respect to the coverage provided
under this Additional Coverage, the
Covered Causes of Loss are subject to
the following:
(a) If the Causes Of Loss – Special
Form applies, coverage under this
Additional Coverage, Interruption Of
Computer Operations, is limited to
the "specified causes of loss" as
defined in that form and Collapse as
set forth in that form.
(b) If the Causes Of Loss – Broad Form
applies, coverage under this
Additional Coverage, Interruption Of
Computer Operations, includes
Collapse as set forth in that form.
(c) If the Causes Of Loss form is
endorsed to add a Covered Cause of
Loss, the additional Covered Cause
of Loss does not apply to the
coverage provided under this
Additional Coverage, Interruption Of
Computer Operations.
(d) The Covered Causes of Loss include
a virus, harmful code or similar
instruction introduced into or enacted
on a computer system (including
electronic data) or a network to
which it is connected, designed to
damage or destroy any part of the
system or disrupt its normal
operation. But there is no coverage
for an interruption related to
manipulation of a computer system
(including electronic data) by any
employee, including a temporary or
leased employee, or by an entity
retained by you or for you to inspect,
design, install, maintain, repair or
replace that system.
(4) The most we will pay under this
Additional Coverage, Interruption Of
Computer Operations, is $2,500 (unless
a higher limit is shown in the
Declarations) for all loss sustained and
expense incurred in any one policy year,
regardless of the number of
interruptions or the number of premises,
locations or computer systems involved.
If loss payment relating to the first
interruption does not exhaust this
amount, then the balance is available for
loss or expense sustained or incurred as
a result of subsequent interruptions in
that policy year. A balance remaining at
the end of a policy year does not
increase the amount of insurance in the
next policy year. With respect to any
interruption which begins in one policy
year and continues or results in
additional loss or expense in a
subsequent policy year(s), all loss and
expense is deemed to be sustained or
incurred in the policy year in which the
interruption began.
(5) This Additional Coverage, Interruption
Of Computer Operations, does not apply
to loss sustained or expense incurred
after the end of the "period of
restoration", even if the amount of
insurance stated in (4) above has not
been exhausted.
6. Coverage Extension
If a Coinsurance percentage of 50% or more is
shown in the Declarations, you may extend the
insurance provided by this Coverage Part as
follows:
Newly Acquired Locations
a. You may extend your Business Income and
Extra Expense Coverages to apply to
property at any location you acquire other
than fairs or exhibitions.
b. The most we will pay under this Extension,
for the sum of Business Income loss and
Extra Expense incurred, is $100,000 at
each location, unless a higher limit is shown
in the Declarations.
c. Insurance under this Extension for each
newly acquired location will end when any
of the following first occurs:
(1) This policy expires;
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(2) 30 days expire after you acquire or
begin to construct the property; or
(3) You report values to us.
We will charge you additional premium for
values reported from the date you acquire
the property.
The Additional Condition, Coinsurance, does
not apply to this Extension.
B. Limits Of Insurance
The most we will pay for loss in any one
occurrence is the applicable Limit Of Insurance
shown in the Declarations.
Payments under the follo wing coverages will not
increase the applicable Limit of Insurance:
1. Alterations And New Buildings;
2. Civil Authority;
3. Extra Expense; or
4. Extended Business Income.
The amounts of insurance stated in the
Interruption Of Computer Operations Additional
Coverage and the Newly Acquired Locations
Coverage Extension apply in accordance with the
terms of those coverages and are separate from
the Limit(s) Of Insurance shown in the
Declarations for any other coverage.
C. Loss Conditions
The following conditions apply in addition to the
Common Policy Conditions and the Commercial
Property Conditions:
1. Appraisal
If we and you disagree on the amount of Net
Income and operating expense or the amount
of loss, either may make written demand for an
appraisal of the loss. In this event, each party
will select a competent and impartial appraiser.
The two appraisers will select an umpire. If
they cannot agree, either may request that
selection be made by a judge of a court having
jurisdiction. The appraisers will state separately
the amount of Net Income and operating
expense or amount of loss. If they fail to agree,
they will submit their differences to the umpire.
A decision agreed to by any two will be
binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
If there is an appraisal, we will still retain our
right to deny the claim.
2. Duties In The Event Of Loss
a. You must see that the following are done in
the event of loss:
(1) Notify the police if a law may have been
broken.
(2) Give us prompt notice of the direct
physical loss or damage. Include a
description of the property involved.
(3) As soon as possible, give us a
description of how, when and where the
direct physical loss or damage occurred.
(4) Take all reasonable steps to protect the
Covered Property from further damage,
and keep a record of your expenses
necessary to protect the Covered
Property, for consideration in the
settlement of the claim. This will not
increase the Limit of Insurance.
However, we will not pay for any
subsequent loss or damage resulting
from a cause of loss that is not a
Covered Cause of Loss. Also, if
feasible, set the damaged property
aside and in the best possible order for
examination.
(5) As often as may be reasonably required,
permit us to inspect the property proving
the loss or damage and examine your
books and records.
Also permit us to take samples of
damaged and undamaged property for
inspection, testing and analysis, and
permit us to make copies from your
books and records.
(6) Send us a signed, sworn proof of loss
containing the information we request to
investigate the claim. You must do this
within 60 days after our request. We will
supply you with the necessary forms.
(7) Cooperate with us in the investigation or
settlement of the claim.
(8) If you intend to continue your business,
you must resume all or part of your
"operations" as quickly as possible.
b. We may examine any insured under oath,
while not in the presence of any other
insured and at such times as may be
reasonably required, about any matter
relating to this insurance or the claim,
including an insured's books and records. In
the event of an examination, an insured's
answers must be signed.
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3. Loss Determination
a. The amount of Business Income loss will be
determined based on:
(1) The Net Income of the business before
the direct physical loss or damage
occurred;
(2) The likely Net Income of the business if
no physical loss or damage had
occurred, but not including any Net
Income that would likely have been
earned as a result of an increase in the
volume of business due to favorable
business conditions caused by the
impact of the Covered Cause of Loss on
customers or on other businesses;
(3) The operating expenses, including
payroll expenses, necessary to resume
"operations" with the same quality of
service that existed just before the direct
physical loss or damage; and
(4) Other relevant sources of information,
including:
(a) Your financial records and
accounting procedures;
(b) Bills, invoices an d other vouchers;
and
(c) Deeds, liens or contracts.
b. The amount of Extra Expense will be
determined based on:
(1) All expenses that exceed the normal
operating expenses that would have
been incurred by "operations" during the
"period of restoration" if no direct
physical loss or damage had occurred.
We will deduct from the total of such
expenses:
(a) The salvage value that remains of
any property bought for temporary
use during the "period of restoration",
once "operations" are resumed; and
(b) Any Extra Expense that is paid for by
other insurance, except for insurance
that is written subject to the same
plan, terms, conditions and
provisions as this insurance; and
(2) Necessary expenses that reduce the
Business Income loss that otherwise
would have been incurred.
c. Resumption Of Operations
We will reduce the amount of your:
(1) Business Income loss, other than Extra
Expense, to the extent you can resume
your "operations", in whole or in part, by
using damaged or undamaged property
(including merchandise or stock) at the
described premises or elsewhere.
(2) Extra Expense loss to the extent you
can return "operations" to normal and
discontinue such Extra Expense.
d. If you do not resume "operations", or do not
resume "operations" as quickly as possible,
we will pay based on the length of time it
would have taken to resume "operations" as
quickly as possible.
4. Loss Payment
We will pay for covered loss within 30 days
after we receive the swor n proof of loss, if you
have complied with all of the terms of this
Coverage Part, and:
a. We have reached agreement with you on
the amount of loss; or
b. An appraisal award has been made.
D. Additional Condition
COINSURANCE
If a Coinsurance percentage is shown in the
Declarations, the following condition applies in
addition to the Common Policy Conditions and the
Commercial Property Conditions.
We will not pay the full amount of any Business
Income loss if the Limit of Insurance for Business
Income is less than:
1. The Coinsurance percentage shown for
Business Income in the Declarations; times
2. The sum of:
a. The Net Income (Net Profit or Loss before
income taxes), and
b. Operating expenses, including payroll
expenses,
that would have been earned or incurred (had
no loss occurred) by your "operations" at the
described premises for the 12 months following
the inception, or last previous anniversary date,
of this policy (whichever is later).
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Instead, we will determine the most we will pay
using the following steps:
Step (1): Multiply the Net Income and operating
expense for the 12 months following the
inception, or last previous anniversary
date, of this policy by the Coinsurance
percentage;
Step (2): Divide the Limit of Insurance for the
described premises by the figure
determined in Step (1); and
Step (3): Multiply the total amount of loss by the
figure determined in Step (2).
We will pay the amount determined in Step (3) or
the limit of insurance, wh ichever is less. For the
remainder, you will either have to rely on other
insurance or absorb the loss yourself.
In determining operating expenses for the purpose
of applying the Coinsurance condition, the
following expenses, if applicable, shall be
deducted from the total of all operating expenses:
(1) Prepaid freight – outgoing;
(2) Returns and allowances;
(3) Discounts;
(4) Bad debts;
(5) Collection expenses;
(6) Cost of raw stock and factory supplies
consumed (including transportation
charges);
(7) Cost of merchandise sold (including
transportation charges);
(8) Cost of other supplies consumed
(including transportation charges);
(9) Cost of services purchased from
outsiders (not employees) to resell, that
do not continue under contract;
(10) Power, heat and refrigeration expenses
that do not continue under contract (if
Form CP 15 11 is attached);
(11) All payroll expenses or the amount of
payroll expense excluded (if Form CP
15 10 is attached); and
(12) Special deductions for mining properties
(royalties unless specifically included in
coverage; actual depletion commonly
known as unit or cost depletion – not
percentage depletion; welfare and
retirement fund charges based on
tonnage; hired trucks).
Example 1 (Underinsurance)
When: The Net Income and operating
expenses for the 12 months
following the inception, or last
previous anniversary date, of
this policy at the described
premises would have been: $ 400,000
The Coinsurance percentage is: 50%
The Limit of Insurance is: $ 150,000
The amount of loss is: $ 80,000
Step (1): $400,000 x 50% = $200,000
(the minimum amount of insurance to
meet your Coinsurance requirements)
Step (2): $150,000 ÷ $200,000 = .75
Step (3): $80,000 x .75 = $60,000
We will pay no more than $60,000. The remaining
$20,000 is not covered.
Example 2 (Adequate Insurance)
When: The Net Income and operating
expenses for the 12 months
following the inception, or last
previous anniversary date, of
this policy at the described
premises would have been: $ 400,000
The Coinsurance percentage is: 50%
The Limit of Insurance is: $ 200,000
The amount of loss is: $ 80,000
The minimum amount of insurance to meet your
Coinsurance requirement is $200,000 ($400,000 x
50%). Therefore, the Limit of Insurance in this
example is adequate and no penalty applies. We will
pay no more than $80,000 (amount of loss).
This condition does not apply to Extra Expense
Coverage.
E. Optional Coverages
If shown as applicable in the Declarations, the
following Optional Coverages apply separately to
each item.
1. Maximum Period Of Indemnity
a. The Additional Condition, Coinsurance,
does not apply to this Coverage Form at the
described premises to which this Optional
Coverage applies.
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b. The most we will pay for the total of
Business Income loss and Extra Expense is
the lesser of:
(1) The amount of loss sustained and
expenses incurred during the 120 days
immediately following the beginning of
the "period of restoration"; or
(2) The Limit Of Insurance shown in the
Declarations.
2. Monthly Limit Of Indemnity
a. The Additional Condition, Coinsurance,
does not apply to this Coverage Form at the
described premises to which this Optional
Coverage applies.
b. The most we will pay for loss of Business
Income in each period of 30 consecutive
days after the beginning of the "period of
restoration" is:
(1) The Limit of Insurance, multiplied by
(2) The fraction shown in the Declarations
for this Optional Coverage.
Example
When: The Limit of Insurance is: $ 120,000
The fraction shown in the
Declarations for this Optional
Coverage is: 1/4
The most we will pay for loss in
each period of 30 consecutive
days is: $ 30,000
($120,000 x 1/4 = $30,000)
If, in this example, the actual
amount of loss is:
Days 1
–30: $ 40,000
Days 31–60: $ 20,000
Days 61 –90: $ 30,000
$ 90,000
We will pay:
Days 1 –30: $ 30,000
Days 31–60: $ 20,000
Days 61 –90: $ 30,000
$ 80,000
The remaining $10,000 is not covered.
3. Business Income Agreed Value
a. To activate this Optional Coverage:
(1) A Business Income Report/Work Sheet
must be submitted to us and must show
financial data for your "operations":
(a) During the 12 months prior to the
date of the Work Sheet; and
(b) Estimated for the 12 months
immediately following the inception
of this Optional Coverage.
(2) The Declarations must indicate that the
Business Income Agreed Value Optional
Coverage applies, and an Agreed Value
must be shown in the Declarations. The
Agreed Value should be at least equal
to:
(a) The Coinsurance percentage shown
in the Declarations; multiplied by
(b) The amount of Net Income and
operating expenses for the following
12 months you report on the Work
Sheet.
b. The Additional Condition, Coinsurance, is
suspended until:
(1) 12 months after the effective date of this
Optional Coverage; or
(2) The expiration date of this policy;
whichever occurs first.
c. We will reinstate the Additional Condition,
Coinsurance, automatically if you do not
submit a new Work Sheet and Agreed
Value:
(1) Within 12 months of the effective date of
this Optional Coverage; or
(2) When you request a change in your
Business Income Limit of Insurance.
d. If the Business Income Limit of Insurance is
less than the Agreed Value, we will not pay
more of any loss than the amount of loss
multiplied by:
(1) The Business Income Limit of
Insurance; divided by
(2) The Agreed Value.
Example
When: The Limit of Insurance is: $ 100,000
The Agreed Value is: $ 200,000
The amount of loss is: $ 80,000
Step (1): $100,000 ÷ $200,000 = .50
Step (2): .50 x $80,000 = $40,000
We will pay $40,000. The remaining $40,000 is not
covered.
4. Extended Period Of Indemnity
Under Paragraph A.5.c., Extended Business
Income, the number 60 in Subparagraphs
(1)(b) and (2)(b) is replaced by the number
shown in the Declarations for this Optional
Coverage.
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F. Definitions
1. "Finished stock" means stock you have
manufactured.
"Finished stock" also includes whiskey and
alcoholic products being aged, unless there is
a Coinsurance percentage shown for Business
Income in the Declarations.
"Finished stock" does not include stock you
have manufactured that is held for sale on the
premises of any retail outlet insured under this
Coverage Part.
2. "Operations" means:
a. Your business activities occurring at the
described premises; and
b. The tenantability of the described premises,
if coverage for Business Income Including
"Rental Value" or "Rental Value" applies.
3. "Period of restoration" means the period of time
that:
a. Begins:
(1) 72 hours after the time of direct physical
loss or damage for Business Income
Coverage; or
(2) Immediately after the time of direct
physical loss or damage for Extra
Expense Coverage;
caused by or resulting from any Covered
Cause of Loss at the described premises;
and
b. Ends on the earlier of:
(1) The date when the property at the
described premises should be repaired,
rebuilt or replaced with reasonable
speed and similar quality; or
(2) The date when business is resumed at a
new permanent location.
"Period of restoration" does not include any
increased period required due to the
enforcement of or compliance with any
ordinance or law that:
(1) Regulates the construction, use or
repair, or requires the tearing down, of
any property; or
(2) Requires any insured or others to test
for, monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects of
"pollutants".
The expiration date of this policy will not cut
short the "period of restoration".
4. "Pollutants" means 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.
5. "Rental Value" means Business Income that
consists of:
a. Net Income (Net Profit or Loss before
income taxes) that would have been earned
or incurred as rental income from tenant
occupancy of the premises described in the
Declarations as furnished and equipped by
you, including fair rental value of any
portion of the described premises which is
occupied by you; and
b. Continuing normal operating expenses
incurred in connection with that premises,
including:
(1) Payroll; and
(2) The amount of charges which are the
legal obligation of the tenant(s) but
would otherwise be your obligations.
6. "Suspension" means:
a. The slowdown or cessation of your
business activities; or
b. That a part or all of the described premises
is rendered untenantable, if coverage for
Business Income Including "Rental Value"
or "Rental Value" applies.
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COMMERCIAL PROPERTY
CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2
COMMERCIAL PROPERTY CONDITIONS
This Coverage Part is subject to the following c onditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms.
A. CONCEALMENT, MISREPRESENTATION OR
FRAUD
This Coverage Part is void in any case of fraud by
you as it relates to this Coverage Part at any time.
It is also void if you or any other insured, at any
time, intentionally conceal or misrepresent a mate-
rial fact concerning:
1. This Coverage Part;
2. The Covered Property;
3. Your interest in the Covered Property; or
4. A claim under this Coverage Part.
B. CONTROL OF PROPERTY
Any act or neglect of any person other than you
beyond your direction or control will not affect this
insurance.
The breach of any condition of this Coverage Part
at any one or more locations will not affect cover-
age at any location where, at the time of loss or
damage, the breach of condition does not exist.
C. INSURANCE UNDER TWO OR MORE COVER-
AGES
If two or more of this policy's coverages apply to
the same loss or damage, we will not pay more
than the actual amount of the loss or damage.
D. LEGAL ACTION AGAINST US
No one may bring a legal action against us under
this Coverage Part unless:
1. There has been full compliance with all of the
terms of this Coverage Part; and
2. The action is brought within 2 years after the
date on which the direct physical loss or dam-
age occurred.
E. LIBERALIZATION
If we adopt any revision that would broaden the
coverage under this Coverage Part without addi-
tional premium within 45 days prior to or during
the policy period, the broadened coverage will
immediately apply to this Coverage Part.
F. NO BENEFIT TO BAILEE
No person or organization, other than you, having
custody of Covered Property will benefit from this
insurance.
G. OTHER INSURANCE
1. You may have other insurance subject to the
same plan, terms, conditions and provisions as
the insurance under this Coverage Part. If you
do, we will pay our share of the covered loss or
damage. Our share is the proportion that the
applicable Limit of Insurance under this Cover-
age Part bears to the Limits of Insurance of all
insurance covering on the same basis.
2. If there is other insurance covering the same
loss or damage, other than that described in 1.
above, we will pay only for the amount of cov-
ered loss or damage in excess of the amount
due from that other insurance, whether you can
collect on it or not. But we will not pay more
than the applicable Limit of Insurance.
H. POLICY PERIOD, COVERAGE TERRITORY
Under this Coverage Part:
1. We cover loss or damage commencing:
a. During the policy period shown in the Dec-
larations; and
b. Within the coverage territory.
2. The coverage territory is:
a. The United States of America (including its
territories and possessions);
b. Puerto Rico; and
c. Canada.
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I. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
If any person or organization to or for whom we
make payment under this Coverage Part has
rights to recover damages from another, those
rights are transferred to us to the extent of our
payment. That person or organization must do
everything necessary to secure our rights and
must do nothing after loss to impair them. But you
may waive your rights against another party in
writing:
1. Prior to a loss to your Covered Property or
Covered Income.
2. After a loss to your Covered Property or Cov-
ered Income only if, at time of loss, that party is
one of the following:
a. Someone insured by this insurance;
b. A business firm:
(1) Owned or controlled by you; or
(2) That owns or controls you; or
c. Your tenant.
This will not restrict your insurance.
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COMMERCIAL PROPERTY
CP 01 40 07 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CP 01 40 07 06 © ISO Properties, Inc., 2006 Page 1 of 1
EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
STANDARD PROPERTY POLICY
A. The exclusion set forth in Paragraph B. applies to
all coverage under all forms and endorsements
that comprise this Coverage Part or Policy, includ-
ing but not limited to fo rms or endorsements that
cover property damage to buildings or personal
property and forms or endorsements that cover
business income, extra expense or action of civil
authority.
B. We will not pay for loss or damage caused by or
resulting from any virus, bacterium or other micro-
organism that induces or is capable of inducing
physical distress, illness or disease.
However, this exclusion does not apply to loss or
damage caused by or resulting from "fungus", wet
rot or dry rot. Such loss or damage is addressed in
a separate exclusion in this Coverage Part or Pol-
icy.
C. With respect to any loss or damage subject to the
exclusion in Paragraph B., such exclusion super-
sedes any exclusion relating to "pollutants".
D. The following provisions in this Coverage Part or
Policy are hereby amended to remove reference
to bacteria:
1. Exclusion of "Fungus", Wet Rot, Dry Rot And
Bacteria; and
2. Additional Coverage – Limited Coverage for
"Fungus", Wet Rot, Dry Rot And Bacteria, in-
cluding any endorsement increasing the scope
or amount of coverage.
E. The terms of the exclusion in Paragraph B., or the
inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that
would otherwise be excluded under this Coverage
Part or Policy.
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COMMERCIAL PROPERTY
CP 02 99 06 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CP 02 99 06 07 © ISO Properties, Inc., 2007 Page 1 of 1
CANCELLATION CHANGES
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
STANDARD PROPERTY POLICY
The following is added to the Cancellation Common
Policy Condition:
If any one of the following conditions exists at any
building that is Covered Property in this policy, we
may cancel this Coverage Part by mailing or deliver-
ing to the first Named Insured written notice of cancel- lation at least five days before the effective date of
cancellation.
A. The building has been vacant or unoccupied 60 or
more consecutive days. This does not apply to:
1. Seasonal unoccupancy;
2. Buildings in the course of construction, renova-
tion or addition; or
3. Buildings to which the Vacancy Permit en-
dorsement applies.
Buildings with 65% or more of the rental units or
floor area vacant or unoccupied are considered
unoccupied under this provision.
B. After damage by a covered cause of loss, perma-
nent repairs to the building:
1. Have not started; and
2. Have not been contracted for,
within 30 days of initial payment of loss.
C. The building has:
1. An outstanding order to vacate;
2. An outstanding demolition order;
3. Been declared unsafe by governmental author-
ity.
D. Fixed and salvageable items have been or are
being removed from the building and are not being
replaced. This does not apply to such removal that
is necessary or incidental to any renovation or re-
modeling.
E. Failure to:
1. Furnish necessary heat, water, sewer service
or electricity for 30 consecutive days or more,
except during a period of seasonal unoccu-
pancy; or
2. Pay property taxes that are owing and have
been outstanding for more than one year fol-
lowing the date due, except that this provision
will not apply where you are in a bona fide dis-
pute with the taxing authority regarding pay-
ment of such taxes.
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CP 04 49 12 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CP 04 49 12 05 © ISO Properties, Inc., 2005 Page 1 of 2
CALIFORNIA CHANGES – REPLACEMENT COST
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
A. An "open policy" is a policy under which the value
of Covered Property is not fixed at policy incep-
tion, but is determined at the time of loss in ac-
cordance with policy provisions on valuation. The
term "open policy" does not apply to Covered
Property that is subject to an Agreed Value clause
or similar clause that establishes an agreed value
prior to loss, unless such clause has expired.
B. Under an "open policy", when the Replacement
Cost Optional Coverage (Replacement Cost) is
shown as applicable in the Declarations, that Cov-
erage is replaced by the following:
Replacement Cost
1. Replacement Cost (without deduction for de-
preciation) replaces Actual Cash Value in the
Loss Condition, Valuation, of the applicable
Coverage Form.
2. This Optional Coverage does not apply to:
a. Personal property of others;
b. Contents of a residence;
c. Works of art, antiques or rare articles, in-
cluding etchings, pictures, statuary, mar-
bles, bronzes, porcelains and bric-a-brac;
or
d. "Stock", unless the Including "Stock" option
is shown in the Declarations.
Under the terms of this Replacement Cost Op-
tional Coverage, tenants' improvements and
betterments are not considered to be the per-
sonal property of others.
3. We will not pay on a replacement cost basis for
any loss or damage until the lost or damaged
property is actually repaired or replaced. Prior
to such repair or replacement, and in accord-
ance with the terms of the applicable Loss
Payment conditions in this policy, we will pay
the actual cash value of the lost or damaged
property as described in Paragraph 4. below. If
the actual cash value does not exhaust the ap-
plicable Limit of Insurance, we will then pay the
difference between the actual cash value and
the replacement cost, pr ovided that the repair
or replacement is completed:
a. Within 12 months after our payment of the
actual cash value; or
b. Within 24 months after our payment of the
actual cash value if the loss or damage re-
lates to a state of emergency as described
in Section 8558 of the Government Code;
unless we extend the time period for good
cause.
The foregoing provisions do not constitute a
waiver of our right to deny the claim for any
valid reason or to restrict payment in cases of
suspected fraud.
4. Actual cash value is determined as follows:
a. In the event of a total loss to a building or
structure, actual cash value is calculated as
the Limit of Insurance applicable to that
building or structure or the fair market value
of the building or structure, whichever is
less.
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b. In the event of a partial loss to a building or
structure, actual cash value is calculated as
b.1. or b.2., whichever is less:
1. The amount it would cost to repair,
rebuild or replace the property less a fair
and reasonable deduction for physical
depreciation of the components of the
building or structure that are normally
subject to repair or replacement during
its useful life. Physical depreciation is
based upon the condition of the property
at the time of the loss;
2. The Limit of Insurance applicable to the
property.
c. In the event of a partial or total loss to Cov-
ered Property other than a building or struc-
ture, actual cash value is calculated as c.1.
or c.2., whichever is less:
1. The amount it would cost to repair or
replace the property less a fair and rea-
sonable deduction for physical deprecia-
tion, based on the condition of the prop-
erty at the time of loss;
2. The Limit of Insurance applicable to the
property.
5. With respect to tenants' improvements and
betterments, the following also apply:
a. If the property is not repaired or replaced,
the value of tenants' improvements and bet-
terments will be determined as a proportion
of your original cost, as set forth in the Val-
uation Condition of the applicable Coverage
Form.
b. We will not pay for loss or damage to ten-
ants' improvements and betterments if oth-
ers pay for repair or replacement.
6. We will not pay more for loss or damage on a
replacement cost basis than the least of a., b.
or c., subject to 7. below:
a. The Limit of Insurance applicable to the lost
or damaged property;
b. The cost to replace the lost or damaged
property with other property:
1. Of comparable material and quality; and
2. Used for the same purpose; or
c. The amount actually spent that is neces-
sary to repair or replace the lost or dam-
aged property.
If a building is rebuilt at a new premises, the
cost described in 6.b. above is limited to the
cost which would have been incurred if the
building had been rebuilt at the original prem-
ises.
7. The cost of repair or replacement does not
include the increased cost attributable to en-
forcement of any ordinance or law regulating
the construction, use or repair of any property.
C. Extension Of Replacement Cost To Personal
Property Of Others
1. Under an "open policy", when the Replacement
Cost Optional Coverage is shown as applica-
ble in the Declarations, then this Extension
may also be shown as applicable. If the Decla-
rations show this Extension as applicable, then
Paragraph B.2.a. of the Replacement Cost Op-
tional Coverage is deleted and all other provi-
sions of the Replacement Cost Optional Cov-
erage apply to replacement cost on personal
property of others.
2. With respect to replacement cost on the per-
sonal property of others, the following limitation
applies:
If an item(s) of personal property of others is
subject to a written contract which governs
your liability for loss or damage to that item(s),
then valuation of that item(s) will be based on
the amount for which you are liable under such
contract, but not to exceed the lesser of the re-
placement cost of the property or the applica-
ble Limit of Insurance.
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CAUSES OF LOSS – SPECIAL FORM
Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions.
A. Covered Causes Of Loss
When Special is shown in the Declarations,
Covered Causes of Loss means direct physical
loss unless the loss is excluded or limited in this
policy.
B. Exclusions
1. We will not pay for loss or damage caused
directly or indirectly by any of the following.
Such loss or damage is excluded regardless of
any other cause or ev ent that contributes
concurrently or in any sequence to the loss.
a. Ordinance Or Law
The enforcement of or compliance with any
ordinance or law:
(1) Regulating the construction, use or
repair of any property; or
(2) Requiring the tearing down of any
property, including the cost of removing
its debris.
This exclusion, Ordinance Or Law, applies
whether the loss results from:
(a) An ordinance or law that is enforced
even if the property has not been
damaged; or
(b) The increased costs incurred to
comply with an ordinance or law in
the course of construction, repair,
renovation, remodeling or demolition
of property, or removal of its debris,
following a physical loss to that
property.
b. Earth Movement
(1) Earthquake, including tremors and
aftershocks and any earth sinking, rising
or shifting related to such event;
(2) Landslide, including any earth sinking,
rising or shifting related to such event;
(3) Mine subsidence, meaning subsidence
of a man-made mine, whether or not
mining activity has ceased;
(4) Earth sinking (other than sinkhole
collapse), rising or shifting including soil
conditions which cause settling,
cracking or other disarrangement of
foundations or other parts of realty. Soil
conditions include contraction,
expansion, freezing, thawing, erosion,
improperly compacted soil and the
action of water under the ground
surface.
But if Earth Movement, as described in
b.(1) through (4) above, results in fire or
explosion, we will pay for the loss or
damage caused by that fire or explosion.
(5) Volcanic eruption, explosion or effusion.
But if volcanic eruption, explosion or
effusion results in fire, building glass
breakage or Volcanic Action, we will pay
for the loss or damage caused by that
fire, building glass breakage or Volcanic
Action.
Volcanic Action means direct loss or
damage resulting from the eruption of a
volcano when the loss or damage is
caused by:
(a) Airborne volcanic blast or airborne
shock waves;
(b) Ash, dust or particulate matter; or
(c) Lava flow.
With respect to coverage for Volcanic
Action as set forth in (5)(a), (5)(b) and
(5)(c), all volcanic eruptions that occur
within any 168-hour period will constitute
a single occurrence.
Volcanic Action does not include the
cost to remove ash, dust or particulate
matter that does not cause direct
physical loss or damage to the
described property.
This exclusion applies regardless of
whether any of the above, in Paragraphs
(1) through (5), is caused by an act of
nature or is otherwise caused.
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c. Governmental Action
Seizure or destruction of property by order
of governmental authority.
But we will pay for lo ss or damage caused
by or resulting from acts of destruction
ordered by governmental authority and
taken at the time of a fire to prevent its
spread, if the fire would be covered under
this Coverage Part.
d. Nuclear Hazard
Nuclear reaction or radi ation, or radioactive
contamination, however caused.
But if nuclear reaction or radiation, or
radioactive contamination, results in fire, we
will pay for the loss or damage caused by
that fire.
e. Utility Services
The failure of power, communication, water
or other utility service supplied to the
described premises, however caused, if the
failure:
(1) Originates away from the described
premises; or
(2) Originates at the described premises,
but only if such failure involves
equipment used to supply the utility
service to the described premises from
a source away from the described
premises.
Failure of any utility service includes lack of
sufficient capacity and reduction in supply.
Loss or damage caused by a surge of
power is also excluded, if the surge would
not have occurred but for an event causing
a failure of power.
But if the failure or surge of power, or the
failure of communication, water or other
utility service, results in a Covered Cause of
Loss, we will pay for the loss or damage
caused by that Covered Cause of Loss.
Communication services include but are not
limited to service relating to Internet access
or access to any electronic, cellular or
satellite network.
f. War And Military Action
(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 usin g 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.
g. Water
(1) Flood, surface water, waves (including
tidal wave and tsunami), tides, tidal
water, overflow of any body of water, or
spray from any of these, all whether or
not driven by wind (including storm
surge);
(2) Mudslide or mudflow;
(3) Water that backs up or overflows or is
otherwise discharged from a sewer,
drain, sump, sump pump or related
equipment;
(4) Water under the ground surface
pressing on, or flowing or seeping
through:
(a) Foundations, walls, floors or paved
surfaces;
(b) Basements, whether paved or not; or
(c) Doors, windows or other openings;
or
(5) Waterborne material carried or
otherwise moved by any of the water
referred to in Paragraph (1), (3) or (4),
or material carried or otherwise moved
by mudslide or mudflow.
This exclusion applies regardless of
whether any of the above, in Paragraphs
(1) through (5), is caused by an act of
nature or is otherwise caused. An example
of a situation to which this exclusion applies
is the situation where a dam, levee, seawall
or other boundary or containment system
fails in whole or in part, for any reason, to
contain the water.
But if any of the above, in Paragraphs (1)
through (5), results in fire, explosion or
sprinkler leakage, we will pay for the loss or
damage caused by that fire, explosion or
sprinkler leakage (if sprinkler leakage is a
Covered Cause of Loss).
h. "Fungus", Wet Rot, Dry Rot And
Bacteria
Presence, growth, pro liferation, spread or
any activity of "fungus", wet or dry rot or
bacteria.
But if "fungus", wet or dry rot or bacteria
result in a "specified ca use of loss", we will
pay for the loss or damage caused by that
"specified cause of loss".
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This exclusion does not apply:
(1) When "fungus", wet or dry rot or bacteria
result from fire or lightning; or
(2) To the extent that coverage is provided
in the Additional Coverage, Limited
Coverage For "Fungus", Wet Rot, Dry
Rot And Bacteria, with respect to loss or
damage by a cause of loss other than
fire or lightning.
Exclusions B.1.a. through B.1.h. apply whether
or not the loss event results in widespread
damage or affects a substantial area.
2. We will not pay for loss or damage caused by
or resulting from any of the following:
a. Artificially generated electrical, magnetic or
electromagnetic energy that damages,
disturbs, disrupts or otherwise interferes
with any:
(1) Electrical or electronic wire, device,
appliance, system or network; or
(2) Device, appliance, system or network
utilizing cellular or satellite technology.
For the purpose of this exclusion, electrical,
magnetic or electromagnetic energy
includes but is not limited to:
(a) Electrical current, including arcing;
(b) Electrical charge produced or
conducted by a magnetic or
electromagnetic field;
(c) Pulse of electromagnetic energy; or
(d) Electromagnetic waves or
microwaves.
But if fire results, we will pay for the loss or
damage caused by that fire.
b. Delay, loss of use or loss of market.
c. Smoke, vapor or gas from agricultural
smudging or industrial operations.
d.(1) Wear and tear;
(2) Rust or other corrosion, decay,
deterioration, hidden or latent defect or
any quality in property that causes it to
damage or destroy itself;
(3) Smog;
(4) Settling, cracking, shrinking or
expansion;
(5) Nesting or infestati on, or discharge or
release of waste products or secretions,
by insects, birds, rodents or other
animals.
(6) Mechanical breakdown, including
rupture or bursting caused by centrifugal
force. But if mechanical breakdown
results in elevator collision, we will pay
for the loss or damage caused by that
elevator collision.
(7) The following causes of loss to personal
property:
(a) Dampness or dryness of
atmosphere;
(b) Changes in or extremes of
temperature; or
(c) Marring or scratching.
But if an excluded cause of loss that is
listed in 2.d.(1) through (7) results in a
"specified cause of loss" or building glass
breakage, we will pay for the loss or
damage caused by that "specified cause of
loss" or building glass breakage.
e. Explosion of steam boilers, steam pipes,
steam engines or steam turbines owned or
leased by you, or operated under your
control. But if explosion of steam boilers,
steam pipes, steam engines or steam
turbines results in fire or combustion
explosion, we will pay for the loss or
damage caused by that fire or combustion
explosion. We will also pay for loss or
damage caused by or resulting from the
explosion of gases or fuel within the furnace
of any fired vessel or within the flues or
passages through which the gases of
combustion pass.
f. Continuous or repeated seepage or
leakage of water, or the presence or
condensation of humidity, moisture or
vapor, that occurs over a period of 14 days
or more.
g. Water, other liquids, powder or molten
material that leaks or flows from plumbing,
heating, air conditioning or other equipment
(except fire protective systems) caused by
or resulting from freezing, unless:
(1) You do your best to maintain heat in the
building or structure; or
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(2) You drain the equipment and shut off
the supply if the heat is not maintained.
h. Dishonest or criminal act (including theft) by
you, any of your partners, members,
officers, managers, employees (including
temporary employees and leased workers),
directors, trustees or authorized
representatives, whether acting alone or in
collusion with each other or with any other
party; or theft by any person to whom you
entrust the property for any purpose,
whether acting alone or in collusion with
any other party.
This exclusion:
(1) Applies whether or not an act occurs
during your normal hours of operation;
(2) Does not apply to acts of destruction by
your employees (including temporary
employees and leased workers) or
authorized representatives; but theft by
your employees (including temporary
employees and leased workers) or
authorized representatives is not
covered.
i. Voluntary parting with any property by you
or anyone else to whom you have entrusted
the property if induced to do so by any
fraudulent scheme, trick, device or false
pretense.
j. Rain, snow, ice or sleet to personal
property in the open.
k. Collapse, including any of the following
conditions of property or any part of the
property:
(1) An abrupt falling down or caving in;
(2) Loss of structural integrity, including
separation of parts of the property or
property in danger of falling down or
caving in; or
(3) Any cracking, bulging, sagging, bending,
leaning, settling, shrinkage or expansion
as such condition relates to (1) or (2)
above.
But if collapse result s in a Covered Cause
of Loss at the described premises, we will
pay for the loss or damage caused by that
Covered Cause of Loss.
This exclusion, k., does not apply:
(a) To the extent that coverage is
provided under the Additional
Coverage, Collapse; or
(b) To collapse caused by one or more
of the following:
(i) The "specified causes of loss";
(ii) Breakage of building glass;
(iii) Weight of rain that collects on a
roof; or
(iv) Weight of people or personal
property.
l. Discharge, dispersal, seepage, migration,
release or escape of "pollutants" unless the
discharge, dispersal, seepage, migration,
release or escape is itself caused by any of
the "specified causes of loss". But if the
discharge, dispersal, seepage, migration,
release or escape of "pollutants" results in a
"specified cause of loss", we will pay for the
loss or damage caused by that "specified
cause of loss".
This exclusion, I., does not apply to
damage to glass caused by chemicals
applied to the glass.
m. Neglect of an insured to use all reasonable
means to save and preserve property from
further damage at and after the time of loss.
3. We will not pay for loss or damage caused by
or resulting from any of the following, 3.a.
through 3.c. But if an excluded cause of loss
that is listed in 3.a. through 3.c. results in a
Covered Cause of Loss, we will pay for the
loss or damage caused by that Covered Cause
of Loss.
a. Weather conditions. But this exclusion only
applies if weather conditions contribute in
any way with a cause or event excluded in
Paragraph 1. above to produce the loss or
damage.
b. Acts or decisions, including the failure to act
or decide, of any person, group,
organization or governmental body.
c. Faulty, inadequate or defective:
(1) Planning, zoning, development,
surveying, siting;
(2) Design, specifications, workmanship,
repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction,
renovation or remodeling; or
(4) Maintenance;
of part or all of any property on or off the
described premises.
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4. Special Exclusions
The following provisions apply only to the
specified Coverage Forms:
a. Business Income (And Extra Expense)
Coverage Form, Business Income
(Without Extra Expense) Coverage Form,
Or Extra Expense Coverage Form
We will not pay for:
(1) Any loss caused by or resulting from:
(a) Damage or destruction of "finished
stock"; or
(b) The time required to reproduce
"finished stock".
This exclusion does not apply to Extra
Expense.
(2) Any loss caused by or resulting from
direct physical loss or damage to radio
or television antennas (including satellite
dishes) and their lead-in wiring, masts or
towers.
(3) Any increase of loss caused by or
resulting from:
(a) Delay in rebuilding, repairing or
replacing the property or resuming
"operations", due to interference at
the location of the rebuilding, repair
or replacement by strikers or other
persons; or
(b) Suspension, lapse or cancellation of
any license, lease or contract. But if
the suspension, lapse or cancellation
is directly caused by the
"suspension" of "operations", we will
cover such loss that affects your
Business Income during the "period
of restoration" and any extension of
the "period of restoration" in
accordance with the terms of the
Extended Business Income
Additional Coverage and the
Extended Period Of Indemnity
Optional Coverage or any variation
of these.
(4) Any Extra Expense caused by or
resulting from suspension, lapse or
cancellation of any license, lease or
contract beyond the "period of
restoration".
(5) Any other consequential loss.
b. Leasehold Interest Coverage Form
(1) Paragraph B.1.a., Ordinance Or Law,
does not apply to insurance under this
Coverage Form.
(2) We will not pay for any loss caused by:
(a) Your cancelling the lease;
(b) The suspension, lapse or
cancellation of any license; or
(c) Any other consequential loss.
c. Legal Liability Coverage Form
(1) The following exclusions do not apply to
insurance under this Coverage Form:
(a) Paragraph B.1.a. Ordinance Or Law;
(b) Paragraph B.1.c. Governmental
Action;
(c) Paragraph B.1.d. Nuclear Hazard;
(d) Paragraph B.1.e. Utility Services;
and
(e) Paragraph B.1.f. War And Military
Action.
(2) The following additional exclusions
apply to insurance under this Coverage
Form:
(a) Contractual Liability
We will not defend any claim or
"suit", or pay damages that you are
legally liable to pay, solely by reason
of your assumption of liability in a
contract or agreement. But this
exclusion does not apply to a written
lease agreement in which you have
assumed liability for building damage
resulting from an actual or attempted
burglary or robbery, provided that:
(i) Your assumption of liability was
executed prior to the accident;
and
(ii) The building is Covered Property
under this Coverage Form.
(b) Nuclear Hazard
We will not defend any claim or
"suit", or pay any damages, loss,
expense or obligation, resulting from
nuclear reaction or radiation, or
radioactive contam ination, however
caused.
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5. Additional Exclusion
The following provisions apply only to the
specified property:
Loss Or Damage To Products
We will not pay for loss or damage to any
merchandise, goods or other product caused
by or resulting from error or omission by any
person or entity (including those having
possession under an arrangement where work
or a portion of the work is outsourced) in any
stage of the development, production or use of
the product, including planning, testing,
processing, packaging, installation,
maintenance or repair. This exclusion applies
to any effect that compromises the form,
substance or quality of the product. But if such
error or omission results in a Covered Cause of
Loss, we will pay for the loss or damage
caused by that Covered Cause of Loss.
C. Limitations
The following limitations apply to all policy forms
and endorsements, unless otherwise stated:
1. We will not pay for loss of or damage to
property, as described and limited in this
section. In addition, we will not pay for any loss
that is a consequence of loss or damage as
described and limited in this section.
a. Steam boilers, steam pipes, steam engines
or steam turbines caused by or resulting
from any condition or event inside such
equipment. But we will pay for loss of or
damage to such equipment caused by or
resulting from an explosion of gases or fuel
within the furnace of any fired vessel or
within the flues or passages through which
the gases of combustion pass.
b. Hot water boilers or other water heating
equipment caused by or resulting from any
condition or event inside such boilers or
equipment, other than an explosion.
c. The interior of any building or structure, or
to personal property in the building or
structure, caused by or resulting from rain,
snow, sleet, ice, sand or dust, whether
driven by wind or not, unless:
(1) The building or structure first sustains
damage by a Covered Cause of Loss to
its roof or walls through which the rain,
snow, sleet, ice, sand or dust enters; or
(2) The loss or damage is caused by or
results from thawing of snow, sleet or
ice on the building or structure.
d. Building materials and supplies not
attached as part of the building or structure,
caused by or resulting from theft.
However, this limitation does not apply to:
(1) Building materials and supplies held for
sale by you, unless they are insured
under the Builders Risk Coverage Form;
or
(2) Business Income Coverage or Extra
Expense Coverage.
e. Property that is missing, where the only
evidence of the loss or damage is a
shortage disclosed on taking inventory, or
other instances where there is no physical
evidence to show what happened to the
property.
f. Property that has been transferred to a
person or to a place outside the described
premises on the basis of unauthorized
instructions.
g. Lawns, trees, shrubs or plants which are
part of a vegetated roof, caused by or
resulting from:
(1) Dampness or dryness of atmosphere or
of soil supporting the vegetation;
(2) Changes in or extremes of temperature;
(3) Disease;
(4) Frost or hail; or
(5) Rain, snow, ice or sleet.
2. We will not pay for loss of or damage to the
following types of property unless caused by
the "specified causes of loss" or building glass
breakage:
a. Animals, and then only if they are killed or
their destruction is made necessary.
b. Fragile articles such as statuary, marbles,
chinaware and porcelains, if broken. This
restriction does not apply to:
(1) Glass; or
(2) Containers of property held for sale.
c. Builders' machinery, tools and equipment
owned by you or entrusted to you, provided
such property is Covered Property.
However, this limitation does not apply:
(1) If the property is located on or within
100 feet of the described premises,
unless the premises is insured under the
Builders Risk Coverage Form; or
(2) To Business Income Coverage or to
Extra Expense Coverage.
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3. The special limit shown for each category, a.
through d., is the total limit for loss of or
damage to all property in that category. The
special limit applies to any one occurrence of
theft, regardless of the types or number of
articles that are lost or damaged in that
occurrence. The special limits are (unless a
higher limit is shown in the Declarations):
a. $2,500 for furs, fur garments and garments
trimmed with fur.
b. $2,500 for jewelry, watches, watch
movements, jewels, pearls, precious and
semiprecious stones, bullion, gold, silver,
platinum and other precious alloys or
metals. This limit does not apply to jewelry
and watches worth $100 or less per item.
c. $2,500 for patterns, dies, molds and forms.
d. $250 for stamps, tickets, including lottery
tickets held for sale, and letters of credit.
These special limits are part of, not in addition
to, the Limit of Insurance applicable to the
Covered Property.
This limitation, C.3., does not apply to
Business Income Coverage or to Extra
Expense Coverage.
4. We will not pay the cost to repair any defect to
a system or appliance from which water, other
liquid, powder or molten material escapes. But
we will pay the cost to repair or replace
damaged parts of fire-extinguishing equipment
if the damage:
a. Results in discharge of any substance from
an automatic fire protection system; or
b. Is directly caused by freezing.
However, this limitation does not apply to
Business Income Coverage or to Extra
Expense Coverage.
D. Additional Coverage – Collapse
The coverage provided under this Additional
Coverage, Collapse, applies only to an abrupt
collapse as described and limited in D.1. through
D.7.
1. For the purpose of this Additional Coverage,
Collapse, abrupt collapse means an abrupt
falling down or caving in of a building or any
part of a building with the result that the
building or part of the building cannot be
occupied for its intended purpose.
2. We will pay for direct physical loss or damage
to Covered Property, caused by abrupt
collapse of a building or any part of a building
that is insured under this Coverage Form or
that contains Covered Property insured under
this Coverage Form, if such collapse is caused
by one or more of the following:
a. Building decay that is hidden from view,
unless the presence of such decay is
known to an insured prior to collapse;
b. Insect or vermin damage that is hidden
from view, unless the presence of such
damage is known to an insured prior to
collapse;
c. Use of defective material or methods in
construction, remodeling or renovation if the
abrupt collapse occurs during the course of
the construction, remodeling or renovation.
d. Use of defective material or methods in
construction, remodeling or renovation if the
abrupt collapse occurs after the
construction, remodeling or renovation is
complete, but only if the collapse is caused
in part by:
(1) A cause of loss listed in 2.a. or 2.b.;
(2) One or more of the "specified causes of
loss";
(3) Breakage of building glass;
(4) Weight of people or personal property;
or
(5) Weight of rain that collects on a roof.
3. This Additional Coverage – Collapse does
not apply to:
a. A building or any part of a building that is in
danger of falling down or caving in;
b. A part of a building that is standing, even if
it has separated from another part of the
building; or
c. A building that is standing or any part of a
building that is standing, even if it shows
evidence of cracking, bulging, sagging,
bending, leaning, settling, shrinkage or
expansion.
4. With respect to the following property:
a. Outdoor radio or television antennas
(including satellite dishes) and their lead-in
wiring, masts or towers;
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b. Awnings, gutters and downspouts;
c. Yard fixtures;
d. Outdoor swimming pools;
e. Fences;
f. Piers, wharves and docks;
g. Beach or diving platforms or
appurtenances;
h. Retaining walls; and
i. Walks, roadways and other paved surfaces;
if an abrupt collapse is caused by a cause of
loss listed in 2.a. through 2.d., we will pay for
loss or damage to that property only if:
(1) Such loss or damage is a direct result of
the abrupt collapse of a building insured
under this Coverage Form; and
(2) The property is Covered Property under
this Coverage Form.
5. If personal property abruptly falls down or
caves in and such collapse is not the result of
abrupt collapse of a building, we will pay for
loss or damage to Covered Property caused by
such collapse of personal property only if:
a. The collapse of personal property was
caused by a cause of loss listed in 2.a.
through 2.d.;
b. The personal property which collapses is
inside a building; and
c. The property which collapses is not of a
kind listed in 4., regardless of whether that
kind of property is considered to be
personal property or real property.
The coverage stated in this Paragraph 5. does
not apply to personal property if marring and/or
scratching is the only damage to that personal
property caused by the collapse.
6. This Additional Coverage, Collapse, does not
apply to personal property that has not abruptly
fallen down or caved in, even if the personal
property shows evidence of cracking, bulging,
sagging, bending, leaning, settling, shrinkage
or expansion.
7. This Additional Coverage, Collapse, will not
increase the Limits of Insurance provided in
this Coverage Part.
8. The term Covered Cause of Loss includes the
Additional Coverage, Collapse, as described
and limited in D.1. through D.7.
E. Additional Coverage – Limited Coverage For
"Fungus", Wet Rot, Dry Rot And Bacteria
1. The coverage described in E.2. and E.6. only
applies when the "fungus", wet or dry rot or
bacteria are the result of one or more of the
following causes that occur during the policy
period and only if all reasonable means were
used to save and preserve the property from
further damage at the time of and after that
occurrence:
a. A "specified cause of loss" other than fire or
lightning; or
b. Flood, if the Flood Coverage Endorsement
applies to the affected premises.
This Additional Coverage does not apply to
lawns, trees, shrubs or plants which are part of
a vegetated roof.
2. We will pay for loss or damage by "fungus",
wet or dry rot or bacter ia. As used in this
Limited Coverage, the term loss or damage
means:
a. Direct physical loss or damage to Covered
Property caused by "fungus", wet or dry rot
or bacteria, including the cost of removal of
the "fungus", wet or dry rot or bacteria;
b. The cost to tear out and replace any part of
the building or other property as needed to
gain access to the "fungus", wet or dry rot
or bacteria; and
c. The cost of testing performed after removal,
repair, replacement or restoration of the
damaged property is completed, provided
there is a reason to believe that "fungus",
wet or dry rot or bacteria are present.
3. The coverage described under E.2. of this
Limited Coverage is limited to $15,000.
Regardless of the number of claims, this limit is
the most we will pay for the total of all loss or
damage arising out of all occurrences of
"specified causes of loss" (other than fire or
lightning) and Flood which take place in a 12-
month period (starting with the beginning of the
present annual policy period). With respect to a
particular occurrence of loss which results in
"fungus", wet or dry rot or bacteria, we will not
pay more than a total of $15,000 even if the
"fungus", wet or dry rot or bacteria continue to
be present or active, or recur, in a later policy
period.
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4. The coverage provided under this Limited
Coverage does not increase the applicable
Limit of Insurance on any Covered Property. If
a particular occurrence results in loss or
damage by "fungus", wet or dry rot or bacteria,
and other loss or damage, we will not pay
more, for the total of all loss or damage, than
the applicable Limit of Insurance on the
affected Covered Property.
If there is covered loss or damage to Covered
Property, not caused by "fungus", wet or dry rot
or bacteria, loss payment will not be limited by
the terms of this Limited Coverage, except to
the extent that "fungus", wet or dry rot or
bacteria cause an increase in the loss. Any
such increase in the lo ss will be subject to the
terms of this Limited Coverage.
5. The terms of this Limited Coverage do not
increase or reduce the coverage provided
under Paragraph F.2. (Water Damage, Other
Liquids, Powder Or Molten Material Damage)
of this Causes Of Loss form or under the
Additional Coverage, Collapse.
6. The following, 6.a. or 6.b., applies only if
Business Income and/or Extra Expense
Coverage applies to the described premises
and only if the "suspension" of "operations"
satisfies all terms and conditions of the
applicable Business Income and/or Extra
Expense Coverage Form:
a. If the loss which resulted in "fungus", wet or
dry rot or bacteria does not in itself
necessitate a "suspension" of "operations",
but such "suspension" is necessary due to
loss or damage to property caused by
"fungus", wet or dry rot or bacteria, then our
payment under Business Income and/or
Extra Expense is limited to the amount of
loss and/or expense sustained in a period
of not more than 30 days. The days need
not be consecutive.
b. If a covered "suspension" of "operations"
was caused by loss or damage other than
"fungus", wet or dry rot or bacteria but
remediation of "fungus", wet or dry rot or
bacteria prolongs the "period of restoration",
we will pay for loss and/or expense
sustained during the delay (regardless of
when such a delay occurs during the
"period of restoration"), but such coverage
is limited to 30 days. The days need not be
consecutive.
F. Additional Coverage Extensions
1. Property In Transit
This Extension applies only to your personal
property to which this form applies.
a. You may extend the insurance provided by
this Coverage Part to apply to your
personal property (other than property in
the care, custody or control of your
salespersons) in transit more than 100 feet
from the described premises. Property must
be in or on a motor vehicle you own, lease
or operate while between points in the
coverage territory.
b. Loss or damage must be caused by or
result from one of the following causes of
loss:
(1) Fire, lightning, explosion, windstorm or
hail, riot or civil commotion, or
vandalism.
(2) Vehicle collision, upset or overturn.
Collision means accidental contact of
your vehicle with another vehicle or
object. It does not mean your vehicle's
contact with the roadbed.
(3) Theft of an entire bale, case or package
by forced entry into a securely locked
body or compartment of the vehicle.
There must be visible marks of the
forced entry.
c. The most we will pay for loss or damage
under this Extension is $5,000.
This Coverage Extension is additional
insurance. The Additional Condition,
Coinsurance, does not apply to this Extension.
2. Water Damage, Other Liquids, Powder Or
Molten Material Damage
If loss or damage caused by or resulting from
covered water or other liquid, powder or molten
material damage loss occurs, we will also pay
the cost to tear out and replace any part of the
building or structure to repair damage to the
system or appliance from which the water or
other substance escapes. This Coverage
Extension does not increase the Limit of
Insurance.
3. Glass
a. We will pay for expens es incurred to put up
temporary plates or board up openings if
repair or replacement of damaged glass is
delayed.
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b. We will pay for ex penses incurred to
remove or replace obstructions when
repairing or replacing gl ass that is part of a
building. This does not include removing or
replacing window displays.
This Coverage Extension F.3. does not
increase the Limit of Insurance.
G. Definitions
1. "Fungus" means any type or form of fungus,
including mold or mildew, and any mycotoxins,
spores, scents or by-products produced or
released by fungi.
2. "Specified causes of loss" means the following:
fire; lightning; explosion; windstorm or hail;
smoke; aircraft or vehicles; riot or civil
commotion; vandalism; leakage from fire-
extinguishing equipment; sinkhole collapse;
volcanic action; falling objects; weight of snow,
ice or sleet; water damage.
a. Sinkhole collapse means the sudden
sinking or collapse of land into underground
empty spaces created by the action of
water on limestone or dolomite. This cause
of loss does not include:
(1) The cost of filling sinkholes; or
(2) Sinking or collapse of land into man-
made underground cavities.
b. Falling objects does not include loss or
damage to:
(1) Personal property in the open; or
(2) The interior of a building or structure, or
property inside a building or structure,
unless the roof or an outside wall of the
building or structure is first damaged by
a falling object.
c. Water damage means:
(1) Accidental discharge or leakage of
water or steam as the direct result of the
breaking apart or cracking of a
plumbing, heating, air conditioning or
other system or appliance (other than a
sump system including its related
equipment and parts), that is located on
the described premises and contains
water or steam; and
(2) Accidental discharge or leakage of
water or waterborne material as the
direct result of the breaking apart or
cracking of a water or sewer pipe that is
located off the described premises and
is part of a municipal potable water
supply system or municipal sanitary
sewer system, if the breakage or
cracking is caused by wear and tear.
But water damage does not include loss or
damage otherwise excluded under the
terms of the Water Exclusion. Therefore, for
example, there is no coverage under this
policy in the situation in which discharge or
leakage of water results from the breaking
apart or cracking of a pipe which was
caused by or related to weather-induced
flooding, even if wear and tear
contributed to the breakage or cracking. As
another example, and also in accordance
with the terms of the Water Exclusion, there
is no coverage for loss or damage caused
by or related to weather-induced flooding
which follows or is exacerbated by pipe
breakage or cracking attributable to wear
and tear.
To the extent that a ccidental discharge or
leakage of water falls within the criteria set
forth in c.(1) or c.(2) of this definition of
"specified causes of loss," such water is not
subject to the provisions of the Water
Exclusion which preclude coverage for
surface water or water under the surface of
the ground.
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CP 12 18 10 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CP 12 18 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3
LOSS PAYABLE PROVISIONS
This endorsement modifies insurance provided under the following:
BUILDERS' RISK COVERAGE FORM
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
CONDOMINIUM ASSOCIATION COVERAGE FORM
CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM
STANDARD PROPERTY POLICY
SCHEDULE
Location Number: Building Number: Applicable Clause
(Enter C.1., C.2., C.3. or C.4.):
Description Of Property:
Loss Payee Name:
Loss Payee Address:
Location Number: Building Number: Applicable Clause
(Enter C.1., C.2., C.3. or C.4.):
Description Of Property:
Loss Payee Name:
Loss Payee Address:
Location Number: Building Number: Applicable Clause
(Enter C.1., C.2., C.3. or C.4.):
Description Of Property:
Loss Payee Name:
Loss Payee Address:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
PHPK2221777
00001
00001
00001
00001
48834 Kato Rd Ste 110A
48834 Kato Rd Ste 110A
Fremont, CA 94538-7368
Fremont, CA 94538-7368
Plumas Bank
Plumas Bank
C/O Seattle Specialty Insurance Services
PO Box 398004
PO Box 89
Minneapolis, MN 55439-8004
Everett, WA 98206-0089
C.2.
C.1.
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A. When this endorsement is attached to the
Standard Property Policy CP 00 99, the term
Coverage Part in this endorsement is replaced by
the term Policy.
B. Nothing in this endorsement increases the
applicable Limit of Insurance. We will not pay any
Loss Payee more than their financial interest in the
Covered Property, and we will not pay more than
the applicable Limit of Insurance on the Covered
Property.
C. The following is added to the Loss Payment Loss
Condition, as indicated in the Declarations or in
the Schedule:
1. Loss Payable Clause
For Covered Property in which both you and a
Loss Payee shown in the Schedule or in the
Declarations have an insurable interest, we
will:
a. Adjust losses with you; and
b. Pay any claim for loss or damage jointly to
you and the Loss Payee, as interests may
appear
2. Lender's Loss Payable Clause
a. The Loss Payee shown in the Schedule or
in the Declarations is a creditor, including a
mortgageholder or trustee, whose interest
in Covered Property is established by such
written instruments as:
(1) Warehouse receipts;
(2) A contract for deed;
(3) Bills of lading;
(4) Financing statements; or
(5) Mortgages, deeds of trust, or security
agreements.
b. For Covered Property in which both you
and a Loss Payee have an insurable
interest:
(1) We will pay for covered loss or damage
to each Loss Payee in their order of
precedence, as interests may appear.
(2) The Loss Payee has the right to receive
loss payment even if the Loss Payee
has started foreclosure or similar action
on the Covered Property.
(3) If we deny your claim because of your
acts or because you have failed to
comply with the terms of the Coverage
Part, the Loss Payee will still have the
right to receive loss payment if the Loss
Payee:
(a) Pays any premium due under this
Coverage Part at our request if you
have failed to do so;
(b) Submits a signed, sworn proof of
loss within 60 days after receiving
notice from us of your failure to do
so; and
(c) Has notified us of any change in
ownership, occupancy or substantial
change in risk known to the Loss
Payee.
All of the terms of this Coverage Part will
then apply directly to the Loss Payee.
(4) If we pay the Loss Payee for any loss or
damage and deny payment to you
because of your acts or because you
have failed to comply with the terms of
this Coverage Part:
(a) The Loss Payee's rights will be
transfe
rred to us to the extent of the
amount we pay; and
(b) The Loss Payee's rights to recover
the full amount of the Loss Payee's
claim will not be impaired.
At our option, we may pay to the Loss
Payee the whole principal on the debt
plus any accrued interest. In this event,
you will pay your remaining debt to us.
c. If we cancel this policy, we will give written
notice to the Loss Payee at least:
(1) 10 days before the effective date of
cancellation if we cancel for your
nonpayment of premium; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
d. If we elect not to renew this policy, we will
give written notice to the Loss Payee at
least 10 days before the expiration date of
this policy.
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3. Contract Of Sale Clause
a. The Loss Payee shown in the Schedule or
in the Declarations is a person or
organization you have entered into a
contract with for the sale of Covered
Property.
b. For Covered Property in which both you
and the Loss Payee have an insurable
interest, we will:
(1) Adjust losses with you; and
(2) Pay any claim for loss or damage jointly
to you and the Loss Payee, as interests
may appear.
c. The following is added to the Other
Insurance Condition:
For Covered Property that is the subject of
a contract of sale, the word "you" includes
the Loss Payee.
4. Building Owner Loss Payable Clause
a. The Loss Payee shown in the Schedule or
in the Declarations is the owner of the
described building in which you are a
tenant.
b. We will adjust losses to the described
building with the Loss Payee. Any loss
payment made to the Loss Payee will
satisfy your claims against us for the
owner's property.
c. We will adjust losses to tenants'
improvements and betterments with you,
unless the lease provides otherwise.
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© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
EQUIPMENT BREAKDOWN PROTECTION ENDORSEMENT
This endorsement modifies insurance provided under the following:
PROPERTY COVERAGE PART
EQUIPMENT BREAKDOWN PROTECTION SCHEDULE
Premises: This endorsement applies to all Covered Premises specified elsewhere in this Policy.
Coverages, Limits of Insurance and Options: Insurance under this Endorsement applies only to coverages as set forth below.
COVERAGE LIMIT OF INSURANCE
Limit per One Breakdown The sum of Building, Business Personal Property, Business Income and Extra Expense Limit of Insurance at Covered Locations as per the Property Coverage Part
Declarations.
Property Damage The sum of Building and Business Personal Property Limit of Insurance at Covered Locations as per the Property
Coverage Part Declarations
Business Income The Business Income Limit of Insurance at Covered Locations as per the Property Coverage Part Declarations.
Business Income "Period of Restoration" Per the Business Income Coverage Form Extra Expense The Extra Expense Limit of Insurance at Covered Locations as per the Property Coverage Part Declarations.
Spoilage Damage (including Utility
Interruption-Spoilage Damage
• Coverage for Utility Interruption-Spoilage
Damage applies only if interruption lasts
at least:
$100,000
8 hours
Utility Services – Time Element
• Coverage applies only if interruption lasts
at least:
Included in the Business Income Limit of Insurance per
the Property Coverage Part Declarations.
8 hours
Civil Authority 4 weeks
"Data" or "Media" $100,000
“Diagnostic Equipment” $250,000 maximum Limit of Insurance for any single piece of equipment
Expediting Expense $250,000
Extended “Period of Restoration” Included in Business Income “Period of Restoration” “Fungus”, Wet Rot, Dry Rot and Bacteria
• Property Damage
• Business Income and Extra Expense
As per the Covered Causes of Loss Form
30 Days
Newly Acquired or Constructed Property
• Buildings
• Business Personal Property
As per the Building and Business Personal Property
Coverage Form and any additional form that modifies this coverage Limit of Insurance.
Ordinance or Law (Including Demolition
and Increased Cost of Construction)
As per the Building and Business Personal Property
Coverage Form and any additional form that modifies this coverage Limit of Insurance
Pollutant Clean Up and Removal $100,000
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© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Refrigerant Contamination $100,000
Time Element from Dependent Properties $250,000
Water Damage $100,000
OPTIONAL EQUIPMENT COVERAGE
Power Generating Equipment Included subject to a maximum of:
• $1,000,000 Building and Personal Property;
and
• $500,000 Business Income and Extra
Expense
Limit of Insurance
Excluded
COVERAGE DEDUCTIBLES
Property Damage Per the Property Coverage Part Declarations Business Income Per the Property Coverage Part Declarations Extra Expense Per the Property Coverage Part Declarations Spoilage Damage (including Utility
Interruption-Spoilage Damage
Included in the Building and Business Personal Property Deductible
Utility Interruption-Time Element 24 hours
Refrigerant Contamination: Included in the Building and Business Personal Property Deductible
Time Element from Dependent Properties Included in the Business Income Deductible Other:
• Civil Authority and “Fungus”, Wet
Rot, Dry Rot Business Income and
Extra Expense
• “Data” or “Media”; “Diagnostic
Equipment”; Expediting Expense;
“Fungus”, Wet Rot, Dry Rot and
Bacteria Property Damage; Newly
Acquired or Constructed Property;
Ordinance or Law (including
Demolition and Increased Cost of
Construction); Pollutant Clean Up
and Removal; and Water Damage
• Included in the Business Income Deductible
• Included in Property Damage (Building and
Business Personal Property) Deductible
ADDITIONAL COVERAGE EXTENSION, RESTRICTIONS, SPECIAL PROVISIONS:
The following definition is added to section F. DEFINITIONS:
"Perishable Goods" means any "Covered Property" that is maintained under controlled conditions for its preservation and that is susceptible to loss or damage if the controlled conditions change.
X
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
A. COVERAGE
As respects coverage provided under this Policy, the following coverage is added:
1. Equipment Breakdown Protection
Property Damage
We will pay for direct physical damage to “Cover ed Property” located at the Covered Premises described in the Equipment Breakdown Protecti on Schedule resulting from a “Breakdown” to “Covered Equipment”.
The most we will pay is the Limit of Insuranc e for Property Damage indicated in the Equipment Breakdown Protection Schedule.
2. Coverage Extensions. As respects coverage provided under this Equipment Breakdown Protection Endorsement only, the following is added:
You may extend the insurance provided by this Equipment Breakdown Protection Endorsement as follows. If coverage is selected on the Equi pment Breakdown Protection Schedule, the most we will pay under these Coverage Extensions are the Limits of Insurance in such Schedule.
These limits are a part of and not in addition to the total “Limit per One Breakdown".
These coverages apply only to that portion of t he loss or damage that is a direct result of a "Breakdown" to "Covered Equipment" that is not excluded elsewhere in this Policy or this Equipment Breakdown Protection Endorsement.
If any of the following Coverage Extensions are se lected, the Limit of Insurance identified for the applicable coverage extension shown in the Equipment Breakdown Protection Endorsement shall replace any limit as may be found elsewhere in th is Policy with regard to coverage provided under this Endorsement only.
a. Business Income
If Business Income is selected in the Equipm ent Breakdown Protection Schedule, coverage for Business Income as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”.
b. Extra Expense
If Extra Expense is selected in the Equipment Breakdown Protection Schedule, coverage for Extra Expense as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”.
c. Spoilage Damage
We will pay for:
(1) Spoilage damage to "Perishable Goods".
(2) Utility Interruption – Spoilage
Spoilage damage to "Perishable Goods" that is caused by or results from an interruption in utility services that is the direct result of a "Bre akdown" to "Covered Equipment" owned, operated or controlled by a private or public utility, landlord or other supplier with whom you have a contract to provide y ou with any of the following services: air conditioning, communication services, electric power, gas, heating, refrigeration, steam, water or waste treatment.
The interruption of such utility service to your Covered Premis es must last at least the consecutive period of time shown in the Equipment Breakdown Protection Schedule for Utility Interruption – Spoilage. Once this waiting period is met, coverage will commence at the initial time of the interruption and will then be subject to the applicable deductible.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
(3) Any necessary expenses you incur to reduce or avert the amount of loss under this Coverage Extension. We will pay such expens es to the extent they do not exceed the amount of loss that otherwise would have been payable under this Coverage Extension.
As respects spoilage damage caused by a “Breakdown” to “Covered Equipment” only, coverage provided under this Coverage Ext ension supersedes any other Spoilage coverage provided elsewhere in this policy.
d. Utility Services – Time Element
If Utility Services – Time Element coverage is included under this Equipment Breakdown Protection Endorsement and Business Income and/or Extra Expense is also covered under this Endorsement, the selected coverage(s) are extended to include loss resulting from the interruption of utility services provided all of the following conditions are met:
(1) The interruption is the direct result of a “Breakdown” to “Covered Equipment” owned, operated or controlled by the loca l private or public utility or distributor that directly generates, transmits, distributes or provides utility services which you receive; and (2) The “Covered Equipment” is used to s upply air conditioning, communication services, electric power, gas, heating, refrigeration, steam, water or waste treatment to your Premises; and
(3) The interruption of utility service to your Co vered Premises lasts at least the consecutive period of time shown in the Equipment Breakdown Protection Schedule.
e. Civil Authority
If Civil Authority is selected in the Equipm ent Breakdown Protection Schedule, coverage for Civil Authority as provided elsewhere in th is Policy is extended to include loss and expense resulting from a “Breakdown to “Covered Equipment”.
f. “Electronic Data” Or “Media” Coverage
If:
(1) you purchase “Data” or “Media” coverage under this Equipment Breakdown Protection Endorsement; and
(2) you have selected coverage for Busines s Income and/or Extra Expense under this Endorsement; and
(3) “Media” is damaged or “Data” is lost or corrupted as a direct result of a “Breakdown” to “Covered Equipment”;
we will pay your actual loss of “Business In come” and/or your “Extra Expenses” during the time necessary to:
(i) Research, recreate, replace or restore the damaged “Media” or lost or corrupted “Data”; and
(ii) Reprogram instructions used in any covered “Computer Equipment”.
There shall be no coverage for any “Data” or “Media” that cannot be replaced, recreated, or restored.
The most we will pay under this Coverage Extension for “Business Income” and/or your “Extra Expense” incurred is the Limit of Insurance indicated for "Data" or "Media" coverage in the Equipment Breakdown Protection Schedule.
g. Expediting Expense
With respect to your damaged "Covered Property", we will pay the reasonable extra cost to:
(1) Make temporary repairs; and
(2) Expedite permanent repairs or permanent replacement.
h. Extended “Period of Restoration”
The “Period of Restoration is extended by the number of consecutive days indicated in the Equipment Breakdown Protection Schedule.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
i. “Fungus”, Wet Rot, Dry Rot and Bacteria – Limited Coverage Coverage for Limited Coverage – “Fungus” Wet Rot, Dry Rot and Bacteria as provided elsewhere in this policy is extended to include loss or expense resulting from a “Breakdown” to “Covered Equipment”.
j. Newly Acquired or Constructed Property
If Newly Acquired or Constructed Property is selected in the Equipment Breakdown Protection Schedule, coverage for Newly Ac quired or Constructed Property as provided elsewhere in this Policy is extended to loss and expense resulting from a “Breakdown” to “Covered Equipment”.
k. Ordinance or Law (Including Demolition and Increased Cost of Construction) If Ordinance or Law (Including Demolition and Incr eased Cost of Construction is selected in the Equipment Breakdown Protection Schedule, coverage for Ordinance or Law (Including Demolition and Increased Cost of Construction as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”.
l. Pollutant Clean Up and Removal
If "Covered Property", including land or water owned by you at a described premises, is damaged, contaminated or polluted by a "Hazardo us Substance" as a direct result of a "Breakdown" to "Covered Equipment", we w ill pay for any additional expenses incurred by you for clean-up, repair, replacement or disposal of the affected “Covered Property”.
As used here, additional expenses means the ad ditional cost incurred over and above the amount that we would have paid had no "Hazardous Substance" been involved with the loss.
Ammonia is not considered to be a "Hazardous Substance" as respects this limitation.
If you have selected "Business Income" and/or "Extra Expense" coverages under this Equipment Breakdown Protection Endorsement, we will also pay for any loss of "Business Income" or "Extra Expense" caused by such damage, contamination or pollution.
The maximum we will pay for damage to "Cov ered Property", "Bus iness Income" and/or "Extra Expense" under this Coverage Extension shall be the Limit of Insurance indicated in the Equipment Breakdown Protection Schedule for Pollutant Clean Up and Removal.
m. Refrigerant Contamination
If “Covered Property” is contaminated by a refrigerant, including ammonia, as a direct result of a “Breakdown” to ‘’Covered Equipment”, we will pay for this kind of damage, including salvage expense and any additional expenses incurred by you for clean-up, repair, replacement or disposal of that property.
n. Time Element from Dependent Property
If Time Element from Dependent Property is selected in the Equipment Breakdown Protection Schedule, coverage for Time Element from Depe ndent Property as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”.
o. Water Damage
If “Covered Property" is damaged by water as a direct result of a “B reakdown” to “Covered Equipment” we will pay for this kind of damage, including salvage expense.
B. EXCLUSIONS
1. As respects coverage provided under this E quipment Breakdown Protection Endorsement only, Exclusions B.2.a; B.2.d.(6); B.2.e. and Limitations C.1.a. and C.1.b. of the Causes Of Loss Form attached to this policy are deleted.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
2. The following exclusions are added as resp ects coverage provided under this Equipment Breakdown Protection Endorsement only.
We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that c ontributes concurrently or in any sequence to the loss.
a. “Breakdown” resulting from or caused by capsiz ing, collapse, collision, upset or overturning of any mobile “Covered Equipment”, the vehicle or floating vessel by which the mobile “Covered Equipment” is transported or the platform or other base on which the mobile “Covered Equipment” is positioned.
b. Depletion, deterioration, corrosion, eros ion, wear and tear, and rust. However, if a "Breakdown" ensues, we will pay the ensuing loss or damage not otherwise excluded.
c. Earth Movement including, but not limited to , earthquake; landslide; land subsidence; mine subsidence; sinkhole collapse; or volcanic action; or other rising or shifting of earth that results from, contributes to, or is aggravat ed by any of the above, all whether naturally occurring or due to man-made or other artificial causes.
d. An explosion. However, we will pay for di rect loss or damage caused by an explosion of "Covered Equipment" of the following kind:
(1) Steam boiler; electric steam generator; st eam piping; steam turbine; steam engine; or (2) Gas turbine or any other moving or rotating machinery, when such explosion is caused by centrifugal force or mechanical breakdown.
e. Fire, including smoke, and water or other means used to extinguish a fire even when the attempt is unsuccessful.
f. “Fungus”, wet rot and dry rot, and bacteria exc ept as provided under Coverage Extensions, i. “Fungus”, Wet Rot, Dry Rot and Bacteria – Limited Coverage
g. Specified Perils
Loss caused by or resulting from: aircraft; civ il commotion; collapse; combustion explosion; freezing caused by cold weather; hail; impact of aircraft, missile or vehicle; lightning; molten material; objects falling from aircraft or missiles; riot; smoke; vandalism; vehicles; weight of snow, ice or sleet; or windstorm.
However, we will pay for a “Breakdown” to “Cov ered Equipment” if one of the perils listed above occurs away from the Covered Premis es described in the Equipment Breakdown Protection Schedule, and causes an electrical surge or other electrical disturbance that comes through utility transmission lines, if such electrical surge or disturbance is not covered elsewhere in this Policy.
h. Testing
Any “Breakdown” to “Covered Equipment” that takes place while the “Covered Equipment” is undergoing a test which subjects the “Covered Equipment” to greater than maximum allowable operating conditions as identified by the manufacturer of the “Covered Equipment”.
i. Water
(1) Flood, surface water, waves, tides, tidal wave s, tsunami, overflow of any body of water, or their spray, all whether driven by wind or not;
(2) Mudflow or mudslides; or
(3) Water damage caused by backup of sewers, drains, or drainage piping. all whether naturally occurring or due to manmade or other artificial causes.
However, we will pay the expenses you incur to dry out electrical “Covered Equipment” resulting from such causes of loss. We will not pay for any other resulting loss or expense.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
j. Water damage caused by the discharge or leakage of a sprinkler system, sewer piping or domestic water piping, unless such discharge or leakage is the direct result of a “Breakdown” to “Covered Equipment”. The most we will pay for such water damage is the Limit of Insurance shown in the Equipment Breakdown Protection Schedule for Water Damage.
k. With respect to Business Income, Extra Ex pense or Utility Services-Time Element coverages, the following additional exclusions will apply:
(1) The business that would not or could not have been carried on if the "Breakdown" had not occurred; or
(2) Your failure to use due diligence and dispatch to operate your business on as nearly normal a basis as practicable at the Covered Premises shown in the Equipment Breakdown Protection Schedule; or
(3) The suspension, lapse or cancellation of a contract following a "Breakdown" to “Covered Equipment” extending beyond the time business could have resumed if the contract had not lapsed, been suspended or cancelled.
l. With respect to Utility Services–Spoilage and Utility Services-Time Element coverages, the following additional exclusions will apply:
(1) Acts of sabotage;
(2) Deliberate act(s) of load shedding by the supplying or distributing utility.
C. LIMITS OF INSURANCE
As respects coverage provided under this Endorsement only, the following is added:
1. The most we will pay for loss and expense arising from any “One Breakdown” is the amount shown as the "Limit per One Breakdown" in the Equipment Breakdown Protection Schedule. This limit applies to all coverages under Section A – Coverage, including Coverage Extensions.
2. The Limit of Insurance under each of the Cove rage Extensions for loss or expense arising from any "One Breakdown" is the amount shown in the Equipment Breakdown Protection Schedule for the applicable Coverage Extension. If two or more limits apply to the same portion of a loss the most we will pay is the smallest applicable Limit of Insurance.
3. The most we will pay for physic al damage caused by a “Breakdown” to “Diagnostic Equipment” is $250,000 for any single piece of equipment, unles s another Limit is shown in the Equipment Breakdown Protection Schedule. This limit is part of, not in addition to, the Property Damage Limit shown in the Equipment Breakdown Protection Schedule.
D. DEDUCTIBLES
As respects coverage provided under this Endorsement only, the following shall apply:
1. Application of Deductibles
We will not pay for loss or damage resulting from any “One Breakdown” until the amount of covered loss or damage exceeds the deductible shown in the Equipment Breakdown Protection Schedule. We will then pay the amount of cover ed loss or damage in excess of the deductible, up to the applicable Limit of Insurance.
Deductibles apply separately for each applicable coverage except if:
a. A deductible is shown as Combined for any of the coverages in the Equipment Breakdown Protection Schedule, then we will first subtra ct the combined deductible amount from the aggregate amount of any loss to which the combined deductible applies; or
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
b. More than one “Covered Equipment” is in volved in “One Breakdown”, then only one deductible, the highest, shall apply to each of the applicable coverages.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
2. Determination of Deductibles
a. Dollar Deductible
If a dollar deductible is shown in the Equipment Breakdown Protection Schedule, we will first subtract the deductible amount from a loss we would otherwise pay.
b. Multiple per Unit Deductible
If a multiple of units is shown in the Equipment Breakdown Protection Schedule, the deductible will be calculated as the sum of the mu ltiplier times the number of units specified. (For example: if the deductible is specified as $25/hp for air conditioning units, and a covered 500 hp air conditioning unit suffered a "Breakdown", the deductible will be $25 times 500 hp which equals $12,500.)
c. Time Deductible
If a time deductible is shown in the Equipm ent Breakdown Protection Schedule, we will not be liable for any loss under that coverage that occurs during the specified time period immediately following a “Breakdown”. If a time deductible is shown in days, each day shall mean twenty-four consecutive hours.
d. Multiple of Daily Value Deductible
If a multiple of daily value is shown in the Equipment Breakdown Protection Schedule, this deductible will be calculated as follows:
(1) For the entire Covered Premises where t he loss occurred, determine the total amount of “Business Income” that would have been earned during the “P eriod of Restoration” had no “Breakdown” taken place.
(2) Divide the result in Paragraph (1) by the number of days the business would have been open during the “Period of Restoration”. The result is the daily value. (3) Multiply the daily value in Paragraph (2) by the number of daily value multiples shown in the Equipment Breakdown Protection Schedule. We will first subtract this deductible amount from any loss we would otherwise pay . We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance.
e. Percentage of Loss Deductible
If a deductible is expressed as a percentage of loss in the Equipment Breakdown Protection Schedule, we will not be liable for the indica ted percentage of the gr oss amount of loss or damage (prior to the applicable deductible or coinsurance) insured under the applicable coverage.
f. Minimum Or Maximum Deductible
(1) If a minimum dollar amount deductible is shown in the Equipment Breakdown Protection Schedule; and the dollar amount of the Multiple per Unit, Multiple of Daily Value or the Percentage of Loss Deductible is less than the Minimum Deductible, then the Minimum Deductible amount shown in the Equipment Breakdown Protection Schedule will be the applicable deductible.
(2) If a maximum dollar amount deductible is shown in the Equipment Breakdown Protection Schedule; and the dollar amount of the Multiple per Unit, Multiple of Daily Value or the Percentage of Loss Deductible is greater than the Maximum Deductible; then the Maximum Deductible amount shown in the Equipment Breakdown Protection Schedule will be the applicable deductible.
E. CONDITIONS
As respects coverage provided under this Equipm ent Breakdown Protection Endorsement only, the following shall apply:
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
1. Jurisdictional Inspection
At your option, we will provide certificate-of-operation inspection services for boilers and other pressure vessels where:
(1) You have notified us of equipment that is in sured under this Coverage Part and that requires a certificate-of-operation;
(2) The certificate-of-operation is required by state, city or provincial law; and (3) The state, city or provincial law permits inspections by insurance company employees.
Certificate-of-operation inspection services shall be provided only in the United States of America, Puerto Rico and Canada as allowed by state, city or provincial law.
2. Suspension:
Whenever “Covered Equipment” is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend the coverage provided by this Equipment Breakdown Protection E ndorsement. We will deliver or mail a written notice of suspension to your last known address or the address where the “Covered Equipment” is located.
Once suspended in this way, your coverage c an be reinstated only by an endorsement for that “Covered Equipment”.
If we suspend your coverage, you will get a pro rata refund of premium for that “Covered Equipment”. But the suspension will be effective even if we have not yet made or offered a refund.
3. Valuation
a. We will pay the amount you spend to repair or replace “Covered Property” with other property of like kind, quality and capacity if such “Covered Property” is directly damaged by a “Breakdown” to “Covered Equipment”. Our payment will be the smallest of:
(1) The cost to repair the damaged property; or
(2) The cost to replace the damaged property; or
(3) The amount you actually spend that is necessary to repair or replace the damaged property.
But we will not pay for such damaged property that is obsolete or useless to you.
b. New Generation
If “Covered Equipment” cannot be repaired or the cost to repair is more than the cost to replace, and the damage to the “Covered Equipm ent” equals or exceeds 100% of the actual cash value of the “Covered Equipment”, you may choose to apply the following provision.
New Generation Coverage – If you want to re place damaged “Covered Equipment” with a newer generation “Covered Equipment” of the same capacity, we will pay up to 25% more than “Covered Equipment” of like kind, quality and capacity would have cost at the time of the “Breakdown”.
c. Except for New Generation Coverage, you must pay the extra cost of replacing damaged property with property of a better kind or quality or of a larger capacity.
d. Brands and Labels
(1) If branded or labeled merchandise that is "C overed Property" is damaged by a "Covered Cause of Loss", we may take all or any part of the property at an agreed or appraised value. If we take such property, you may:
(a) Stamp the word SALVAGE on the merchandise or its containers if the stamp will not physically damage the merchandise; or
(b) Remove the brands or labels if doing so will not physically damage the merchandise.
You must re-label the merchandise or its containers to comply with any law. (2) We will pay the reasonable cost you incu r to perform the activities described in paragraphs E.3.d.(1) (a) and (b) above.
However, if costs identified in paragraphs E.3.d.(1)(a) and (b) above are incurred as a result of damage as covered under the Hazardous Subs tance, Refrigerant Contamination or Water DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Damage coverage extensions, such costs will be a part of, not in addition to, the respective limits shown in the Equipment Breakdown Pr otection Schedule for the applicable coverage extension.
e. Pair, Sets or Parts
As otherwise provided in this Policy.
f. Spoilage Damage
We will determine the value of “Covered Property” under Spoilage Damage Coverage as follows:
(1) For raw materials, the replacement cost;
(2) For goods in process, the replacement cost of the raw materials, the labor extended and the proper proportion of overhead charges; and
(3) For finished goods, the selling price, as if no loss or damage had occurred, less any discounts you offered and expenses you otherwise would have had.
g. Selling Price
Selling price valuation as otherwise provided in th is Policy shall apply, except as specified in E.3.f. above.
h. Warranty and Service Contract
If any damaged “Covered Property”, that is in tended for your use, is protected by an extended warranty, or maintenanc e or service contract; and that warranty or contract becomes void or unusable due to a “Breakdown ”; we will reimburse you for the prorated amount of the unused costs of non-refundable, non-transferable warranties or contracts.
F. DEFINITIONS
As respects coverage provided under this Endorsement only, the following are added:
1. “Breakdown”
a. “Breakdown” means the following direct phy sical loss that causes physical damage to "Covered Equipment" and necessitates its repair or replacement:
(1) Electrical failure including arcing;
(2) Failure of pressure or vacuum equipment; or
(3) Mechanical failure including rupture or bursting caused by centrifugal force; unless such loss or damage is otherwise excluded within this Policy or any Endorsement forming a part of this Policy.
b. "Breakdown” does not mean or include:
(1) Cracking of any part on an internal combus tion gas turbine exposed to the products of combustion;
(2) Damage to any structure or foundation suppor ting the “Covered Equipment” or any of its parts;
(3) Damage to any vacuum tube, gas tube, or brush;
(4) Defects, erasures, errors, limitations or vi ruses in “Computer Equipment”, "Data", "Media" and/or programs including the inability to re cognize and process any date or time or provide instructions to “Covered Equipment”. However, if a "Breakdown" ensues, we will pay the ensuing loss or damage not otherwise excluded;
(5) Functioning of any safety or protective device;
(6) Leakage at any valve, fitting, shaft seal , gland packing, joint or connection; or (7) Malfunction including but not limited to adjustment, alignment, calibration, cleaning or modification.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
2. "Computer Equipment" means your programmable electronic eq uipment that is used to store, retrieve and process data; and associated periph eral equipment that provides communication including input and output functions such as pr inting or auxiliary functions such as data transmission. It does not include "Data" or "Media".
3. “Computer Programs” means a set of related elec tronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data.
4. “Covered Equipment”
a. “Covered Equipment” means any:
(1) Equipment designed and built to operate unde r internal pressure or vacuum other than weight of contents;
For any boiler or fired vessel, the furnace of the “Covered Equipment” and the gas passages from there to the atmosphere will be considered as outside the “Covered Equipment”;
(2) Communication equipment and “Computer Equipment”;
(3) Fiber optic cable; or
(4) Any other electrical or mechanical equipment that is used in the generation, transmission or utilization of energy.
b. “Covered Equipment” does not mean or include any:
(1) Astronomical telescope, cyclotron used for other than medical purposes, nuclear reactor, particle accelerator used for other than medical purpos es, satellites and/or spacecraft (including satellite or spacecraft contents and/or their launch sites); (2) Catalyst;
(3) Dragline, power shovel, excavation or construction equipment including any “Covered Equipment” mounted on or used solely with any dragline, power shovel, excavation or construction equipment;
(4) Equipment or any part of equipment manufactured by you for sale. (5) Felt, wire, screen, mold, form, pattern, die, extrusion plate, swing hammer, grinding disc, cutting blade, non-electrical cable, chain, belt, rope, clutch plate, brake pad, non-metal part or any part or tool subject to periodic replacement; (6) Insulating or refractory material;
(7) “Media”;
(8) Non-metallic pressure or vacuum equipment, unless it is constructed and used in accordance with the American Society of Mechanical Engineers (A.S.M.E.) code or a Code that has been accepted by the Nati onal Board of Boiler and Pressure Vessel Inspectors;
(9) Part of pressure or vacuum equipment that is not under internal pressure of its contents or internal vacuum;
(10) “Power Generating Equipment”, unless sh own as Included in the Equipment Breakdown Protection Schedule;
(11) Pressure vessels and piping that are buried below ground and require the excavation of materials to inspect, remove, repair or replace;
(12) Structure, foundation, cabinet or compar tment supporting or containing the “Covered Equipment” or part of the “Covered Equipment” including penstock, draft tube or well casing;
(13) Vehicle, aircraft, self-propelled equipm ent or floating vessel, including any “Covered Equipment” mounted on or used solely with any vehicle, aircraft, self-propelled equipment or floating vessel.
5. "Covered Property”, as used in this Endorsement only, means any property that you own, or is in your care, custody or control and for which you are legally liable, while located at the Covered Premises described in the Equipment Breakdown Protection Schedule.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-BM-001 (03/13)
© 2013 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
“Covered Property” does not mean live mammals, fish, birds, reptiles or insects. It also does not mean eggs intended to become live mammals, fish, birds, reptiles or insects.
6. "Diagnostic Equipment" means any machine or apparatus (other than astronomical telescopes, cyclotron, nuclear reactor or particle accelerato r) used solely for research, diagnosis, medical, surgical, therapeutic, dental or pathological purposes.
7. “Electronic Data” means information, facts or “Computer Programs” stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment.
8. “Hazardous Substance” means any substance, other than ammonia, that has been declared to be hazardous to health by a governmental agency.
9. “Media” means electronic data processing or stor age material such as films, tapes, discs, drums or cells. However, “Media” does not include any hard disk drive that is an internal component of “Computer Equipment”.
10. "One Breakdown” means if an initial “Breakdown” causes ot her “Breakdowns”, all will be considered “One Breakdown”.
All “Breakdowns” at any one location that manife st themselves at the same time and are the result of the same cause will be considered “One Breakdown”. If an initial “Breakdown” causes other “Breakdowns”, all will be considered “One Breakdown”.
11. "Period of Restoration" means the period of time that:
(a) Begins at the time of the "Breakdown"; and
(b) Ends when the damaged property at the Covere d Premises described in the Schedule above could have been repaired or replaced with reasonable speed and similar quality.
12. ”Power Generating Equipment” means any pr essure, mechanical or electrical equipment, machinery, apparatus used in, or associated with, the generation of electric power; but it does not include emergency power generating equipment less than or equal to 1000kw in capacity.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MOLD EXCLUSION
This endorsement modifies insurance provided under the following:
CAUSES OF LOSS - SPECIAL FORM
CAUSES OF LOSS FORM
A. The following is added to the EXCLUSIONS section and is therefore not a Covered Cause of Loss:
Mold
Mold or other fungi, wet or dry rot, dampness of atmosphere, or extremes of temperature, however caused.
But if Mold is the result of a Covered Cause of Loss, we will pay for the loss or damage caused by Mold.
The most we will pay for such loss or damage is $10,000.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-CP-002 (02/2004)
Includes copyright material of the Insurance Services Office, Inc. used with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGES – ELECTRONIC DATA
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
STANDARD PROPERTY POLICY
A. Under this endorsement, electronic data means
information, facts or co mputer programs stored as
or on, created or used on, or transmitted to or from
computer software (including systems and appli-
cations software), on hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing de-
vices or any other repositories of computer soft-
ware which are used with electronically controlled
equipment. The term computer programs, re-
ferred to in the foregoing description of electronic
data, means a set of related electronic instructions
which direct the operations and functions of a
computer or device connected to it, which enable
the computer or device to receive, process, store,
retrieve or send data. For the purpose of this en-
dorsement, the term electronic data does not in-
clude your "stock" of prepackaged software.
B. This section, B., and the following sections C. and
D., apply to the Building And Personal Property
Coverage Form, Condominium Association Cov-
erage Form, Condominium Unit-Owners Coverage
Form, the Causes of Loss Forms and the Stan-
dard Property Policy. Paragraphs B.1. and B.2.
supersede any provisions relating to electronic
data, electronic media or valuable papers or re-
cords, including any such provisions under Prop-
erty Not Covered, Coverage Extensions, Valuation
Conditions or Limitations in the aforementioned
forms.
1. Covered Property does not include electronic
data, except as provided below in C., Limited
Coverage – Electronic Data.
2. Covered Property does not include the cost to
replace or restore the information on valuable
papers and records, including those which ex-
ist as electronic data. Valuable papers and re-
cords include but are not limited to proprietary
information, books of account, deeds, manu-
scripts, abstracts, drawings and card index
systems. However, limited coverage for valu-
able papers and records, other than those
which exist as electronic data, is provided be-
low in D., Limited Coverage – Valuable Papers
And Records (Other Than Electronic Data).
C. Limited Coverage – Electronic Data
1. Subject to the provisions of this Limited Cover-
age, we will pay for the cost to replace or re-
store electronic data which has been destroyed
or corrupted by a Covered Cause of Loss. To
the extent that electr onic data is not replaced
or restored, the loss will be valued at the cost
of replacement of the media on which the elec-
tronic data was stored, with blank media of
substantially identical type.
2. The Covered Causes of Loss applicable to
Your Business Personal Property apply to this
Limited Coverage – Electronic Data, subject to
the following:
a. If the Causes of Loss – Special Form ap-
plies, coverage under this Limited Cover-
age – Electronic Data is limited to the
"specified causes of loss" as defined in that
Form, and Collapse as set forth in that
Form.
b. If the Causes of Loss - Broad Form applies,
coverage under this Limited Coverage –
Electronic Data includes Collapse as set
forth in that Form.
c. If the Causes of Loss Form is endorsed to
add a Covered Cause of Loss, the addi-
tional Covered Cause of Loss does not ap-
ply to the coverage provided under this Lim-
ited Coverage – Electronic Data.
d. The Covered Causes of Loss include a
virus, harmful code or similar instruction in-
troduced into or enacted on a computer
system (including electronic data) or a net-
work to which it is connected, designed to
damage or destroy any part of the system
or disrupt its normal operation. But there is
no coverage for loss or damage caused by
or resulting from manipulation of a com-
puter system (includi ng electronic data) by
any employee, including a temporary or
leased employee, or by an entity retained
by you or for you to inspect, design, install,
modify, maintain, repair or replace that sys-
tem.
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3. The most we will pay under this Limited Cover-
age – Electronic Data is $2,500 for all loss or
damage sustained in any one policy year, re-
gardless of the number of occurrences of loss
or damage or the number of premises, loca-
tions or computer systems involved. If loss
payment on the first occurrence does not ex-
haust this amount, then the balance is avail-
able for subsequent loss or damage sustained
in but not after that policy year. With respect to
an occurrence which begins in one policy year
and continues or results in additional loss or
damage in a subsequent policy year(s), all loss
or damage is deemed to be sustained in the
policy year in which the occurrence began.
D. Limited Coverage – Valuable Papers And Re-
cords (Other Than Electronic Data)
1. You may extend the insurance that applies to
Your Business Personal Property to apply to
the cost to replace or restore the lost informa-
tion on valuable papers and records for which
duplicates do not exist. But this Limited Cov-
erage does not apply to valuable papers and
records which exist as electronic data.
2. If the Causes of Loss – Special Form applies,
coverage under this Limited Coverage is lim-
ited to the "specified causes of loss" as defined
in that Form, and Collapse as set forth in that
Form.
3. If the Causes of Loss – Broad Form applies,
coverage under this Limited Coverage includes
Collapse as set forth in that Form.
4. Under this Limited Coverage, the most we will
pay to replace or restore the lost information is
$2,500 at each described premises. We will
also pay for the cost of blank material for re-
producing the records (whether or not dupli-
cates exist), and (when there is a duplicate) for
the cost of labor to transcribe or copy the re-
cords. The costs of blank material and labor
are subject to the applicable Limit of Insurance
on Your Business Personal Property and
therefore coverage of such costs is not addi-
tional insurance.
E. With respect to the Business Income and/or Extra
Expense Coverage Forms, the Loss Condition ti-
tled Limitation – Electronic Media And Records is
deleted and the following exclusion is added:
Exclusion – Interruption Of Computer Operations
1. Coverage for Business Income does not apply
when a "suspension" of "operations" is caused
by destruction or corruption of electronic data,
or any loss or damage to electronic data, ex-
cept as provided below in F., Limited Coverage
– Interruption Of Computer Operations.
2. Coverage for Extra Expense does not apply
when action is taken to avoid or minimize a
"suspension" of "operations" caused by de-
struction or corruption of electronic data, or any
loss or damage to electronic data, except as
provided below in F., Limited Coverage – Inter-
ruption Of Computer Operations.
F.Limited Coverage – Interruption Of Computer
Operations
This Limited Coverage applies only to the Busi-
ness Income and/or Extra Expense Coverage
Forms.
1. Subject to all provisions of this Limited Cover-
age, you may extend the insurance that applies
to Business Income and/or Extra Expense to
apply to a "suspension" of "operations" caused
by an interruption in computer operations due
to destruction or corruption of electronic data
due to a Covered Cause of Loss.
2. With respect to the coverage provided under
this Limited Coverage, the Covered Causes of
Loss are subject to the following:
a. If the Causes of Loss - Special Form ap-
plies, coverage under this Limited Cover-
age – Interruption Of Computer Operations
is limited to the "specified causes of loss"
as defined in that Form, and Collapse as
set forth in that Form.
b. If the Causes of Loss - Broad Form applies,
coverage under this Limited Coverage - In-
terruption Of Computer Operations includes
Collapse as set forth in that Form.
c. If the Causes of Loss Form is endorsed to
add a Covered Cause of Loss, the addi-
tional Covered Cause of Loss does not ap-
ply to the coverage provided under this
Limited Coverage – Interruption Of Com-
puter Operations.
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Includes copyright material of the Insurance Services Office, Inc. used with its permission d. The Covered Causes of Loss include a
virus, harmful code or similar instruction in-
troduced into or enacted on a computer
system (including electronic data) or a net-
work to which it is connected, designed to
damage or destroy any part of the system
or disrupt its normal operation. But there is
no coverage for an interruption related to
manipulation of a com puter system (includ-
ing electronic data) by any employee, in-
cluding a temporary or leased employee,
or by an entity retained by you or for you to
inspect, design, install, maintain, repair or
replace that system.
3. The most we will pay under this Limited Cover-
age -Interruption Of Com puter Operations is
$2,500 for the total of all loss sustained and/or
expense incurred in any one policy year, re-
gardless of the number of interruptions or the
number of premises, locations or computer
systems involved. If loss payment relating to
the first interruption does not exhaust this
amount, then the balance is available for loss
or expense sustained or incurred as a result of
subsequent interruptions in that policy year. A
balance remaining at the end of a policy year
does not increase the amount of insurance in
the next policy year. With respect to any inter-
ruption which begins in one policy year and
continues or results in additional loss or ex-
pense in a subsequent policy year(s), all loss
and expense is deemed to be sustained or in-
curred in the policy year in which the interrup-
tion began.
4. This Limited Coverage – Interruption Of Com-
puter Operations does not apply to loss sus-
tained or expense incurred after the end of the
"period of restoration" , even if the amount of
insurance stated in 3. above has not been ex-
hausted.
G. Under the Legal Liability Coverage Form and the
Mortgageholders Errors And Omissions Coverage
Form, Covered Property does not include elec-
tronic data.
H. If this policy is endorsed to cover damage to Cov-
ered Property or Business Income loss or Extra
Expense caused by or related to interruption in
utility service, such coverage does not apply to
destruction or corruption of (or any loss or damage
to) electronic data.
I. If this policy is endorsed to cover Business Income loss or Extra Expense related to "suspension" of
"operations" due to loss or damage to a "depend-
ent property", such coverage does not apply when
the only loss to "dependent property" is destruc-
tion or corruption of (or any loss or damage to)
electronic data. If the "dependent property" sus-
tains loss or damage to electronic data and other
property, coverage under the "dependent prop-
erty" endorsement will not continue once the other
property is repaired, rebuilt or replaced.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT Philadelphia Indemnity Insurance Company
PI-CP-114 (07/17)
PI-CP-114 (07/17)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL PROPERTY NOT COVERED –
INFLATABLE STRUCTURES
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
PROPERTY COVERAGE FORM
The following is added to PROPERTY NOT COVERED:
Inflatable, fabric or air supported structures such as, but not limited to, bubbles or domes, including related equipment.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT PI-EPE-VS (01/07)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELITE PROPERTY ENHANCEMENT: SCHOOLS
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
BUSINESS INCOME COVERAGE FORM
CAUSES OF LOSS – SPECIAL FORM
I. Schedule of Additional Elite Enhancement Endorsement Coverages and Limits - The following is a summary of increased Limits of Insurance and/or additional coverages provided by this endorsement.
This endorsement is subject to the provisions of your policy.
Coverage Applicable Limit of Insurance Page #
Waiver of Multiple Deductibles Included 2
Waiver of Coinsurance on Losses $25,000 or less Included 2 Business Personal Property Within 1250 feet 2
Pollutant Clean Up and Removal $50,000 3
Fire Department Service Charge $25,000 3
Newly Acquired or Constructed Property 90 days 3
Personal Effects $5,000/$25,000 3
Property of Others $10,000 3
Valuable Papers and Records $100,000 3
Property Off-Premises, Including Stock $500,000 4
Property at Conventions, Fairs, Exhibitions or Special Events $25,000 4 Outdoor Property/Debris Removal $25,000 4
Emergency Vacating Expense $15,000 4
Automated External Defibrillators (AED’s) $5,000 5
Lease Cancellation Moving Expenses $2,500 5
Foundations Included 5
Glass Showcases $5,000 5
Arson Reward $25,000 5
Garages/Storage Sheds $10,000 5
Retaining Walls $5,000 5
Accounts Receivable $100,000 5
Business Income and Extra Expense (including Contingent and Tuition/Fees) $300,000 7 Fire Extinguisher Recharge $1,000 8
Lock Replacement $1,000 8
Reward Reimbursement $5,000 8
Inventory and Appraisals of Loss $5,000 9
Ordinance or Law-Undamaged Portion of the Building Ordinance or Law- Demolition Cost
Ordinance or Law-Increased Cost of Construction
Building Limit
$300,000
$300,000
9 Spoilage $50,000 11
Pair, Sets or Parts Adjustment included 11
Fine Arts $25,000 11
EDP Equipment and Media, including Laptops. $50,000/$2,500 12 Water $30,000 15
Utility Services (Business Income [and extra expense] Coverage) Extension 15 Furs $5,000 16
Precious Metals $5,000 16
Property in Transit $100,000 16
Off Premises Power Failure $25,000 16
Dampness/Extremes of Temperature Deletions Excluded 17
Earthquake Sprinkler Leakage $10,000 17
Extended Business Income 120 days 17
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
II. Elite Enhancement Endorsement Conditions
A. Applicability of Coverage
Coverage provided in forms attached to your policy is amended by this endorsement where applicable.
B. Limits of Insurance
1. When coverage is provided by this form and another coverage form attached to this policy, the greater Limits of Insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy.
2. Limits of Insurance identified herein are not excess of, nor applicable in addition to, Limits of Insurance provided by the coverage or Cause of Loss forms applicable to this endorsement, unless otherwise stated.
3. Coverage is considered to be on an occurrence basis (not on a per location basis).
C. Adjusters’ Fees
Coverages provided herein are not applicable to the generation of fees you may incur by retaining a public adjuster or appraiser.
D. Applicability of Exclusions
Specific exclusionary endorsements attached to the policy supercede coverage provisions contained in this coverage enhancement.
E. Requirement for Covered Cause of Loss
Except where a specific Covered Cause of Loss is identified in this coverage enhancement, coverage for the losses described herein are applicable only for Covered Causes of Loss as designated in the Cause of Loss form attached to the policy.
F. Waiver of Multiple Deductibles
In the event of a single occurrence causing loss under more than one coverage form attached to this policy, only the highest deductible will apply.
G. Waiver of Coinsurance on losses $25,000 or less
The Coinsurance Condition applies only when the total loss or damage to all Covered Property in any one occurrence is greater than $25,000.
III. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM is amended as follows under:
Coverage applies for your Business Personal Property located in or on the building described in the Declarations or in the open (or in a vehicle) within 1250 feet of the described premises.
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
IV. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM is amended as follows under Additional Coverages:
A. Pollutant Clean Up and Removal
The Limit of Insurance for this Additional Coverage is increased to $50,000.
B. Fire Department Service Charge
The Limit of Insurance for this Additional Coverage is increased to $25,000.
V. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM is amended as follows under Coverage Extensions:
A. Newly Acquired or Constructed Property
Period Of Coverage is amended as follows:
With respect to insurance on or at each newly acquired or constructed property, coverage will end when any of the following first occurs:
1. This policy expires;
2. 90 days expire after you acquire the property or begin construction of that part of the building that would qualify as Covered Property; or
3. You report values to us.
We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the bui lding that would qualify as Covered Property.
B. Personal Effects and Property of Others
1. Coverage for personal effects owned by you, your officers, your partners or your employees is amended as follows: The most we will pay for loss or damage under this extension is $5,000 per person. The amount we will pay for loss or damage under this Extension will also not exceed $25,000 per occurrence.
2. Coverage for Personal Property of others in y our care, custody or control is amended as follows:
The most we will pay for loss or damage under this Extension is $10,000 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. No deductible shall apply to this extension.
C. Valuable Papers And Records
Coverage for Your Business Personal Property is extended to apply to your costs to research, replace or restore the lost information on lost or damaged valuable papers and records, including those which exist on electronic or magnetic media, for which duplicates do not exist. The most we will pay under this Extension is $100,000 at each described premises.
D. Property Off-Premises, Including Stock
Coverage for Your Business Personal Property is extended to apply to your Covered Property that is temporarily at a location you do not own, lease, or operate. This Extension applies only if loss or damage is caused by a Covered Cause of Loss. This Extension does not apply to Covered Property:
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1. in or on a vehicle; or
2. in the care, custody or control of your salespersons.
The most we will pay for loss or damage under this Extension is $500,000. The most we will pay for loss or damage under this Extension is $25,000 for losses occurring at a convention, fair, exhibition or special event.
E. Outdoor Property/Debris Removal
You may extend the insurance provided by this Coverage Form to apply to your outdoor fences and netting, outdoor lighting, outdoor pools, court surfaces, radio and television antennas (including satellite dishes), signs, trees, shrubs, plants, lawns, and playground equipment (greater than 1250 feet from the premises described in the Declarations), including the cost of debris removal, caused by or resulting from any of the following Causes of Loss:
1 . F i r e ;
2. Lightning;
3. Explosion;
4. Riot or Civil Commotion;
5. Aircraft or Vehicles;
6. Vandalism and Malicious Mischief; or
7. Theft.
The most we will pay for loss or damage under this Extension is $25,000. The most we will pay for any one tree, shrub, plant or acre of lawn, including the cost of debris removal, is $1,000.
VI. The following is added to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM under Section A. Coverage, Subsection 4. Additional Coverages:
A. Emergency Vacating Expense
1. The coverage provided by this policy is extended to apply to the reasonable expenses that you incur in the “emergency” vacating of the premises of your facility described in the Declarations, provided that vacating is necessary due to an “emergency” situation resulting from a Covered Cause of Loss.
2. “Emergency” will mean imminent danger arising from an external event or a condition in the facility which would cause loss of life or harm to occupants.
3. We will not pay for any expenses under this Extension arising out of:
a. a strike, bomb threat or false fire alarm, unless vacating is ordered by a civil authority; or
b. a planned vacating drill.
4. The most we will pay for Emergency Vacating Expenses in any one occurrence under this Extension is $15,000. The deductible for Emergency Vacating Expenses is $250 per occurrence.
No other exclusions in your policy apply to this Extension. However, specific exclusionary endorsements attached to the policy supercede coverage provisions contained in this coverage enhancement.
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
B. Automated External Defibrillators
Automated External Defibrillators (AED’s) are considered Covered Property. Coverage for Automated External Defibrillators is limited to $5,000 per occurrence, which is in addition to the Business Personal Property Limit stated on the Declarations.
C. Lease Cancellation Moving Expenses
The Company will reimburse the Insured any moving expenses necessitated by the Insured’s need to relocate due to the cancellation of the lease at the insured’s premises listed on the Declarations page during the policy period, provided that the leas e cancellation occurs as a result of a Covered Cause of Loss. The limit for this coverage will be $2,500 per policy period for all Insureds combined. No deductible applies to this coverage.
D. Foundations
Covered Property includes foundations of buildings, structures, machinery or boilers if their foundations are below the lowest basement floor or the surface of the ground, if there is no basement.
E. Glass Showcases
We will pay for loss of or damage to glass showcases or glass wallcases, including the frames encasing the damaged glass, resulting from any covered Cause of Loss while at the premises described in the Declarations. The most we will pay for this coverage is $5,000 per policy period.
F. Arson Reward
We will pay on behalf of the insured up to $25,000 for information which leads to an arson conviction in connection with a fire loss covered under this Coverage Form. Regardless of the number of persons involved, our liability under this Coverage Extension will not be increased.
VII. The following is added to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM under Coverage Extensions:
A. Garages or Storage Sheds
Coverage for your building is extended to apply to any garages or storage sheds located at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss.
Coverage for all garages or storage sheds is subject to a $10,000 Limit of Insurance per location.
B. Retaining Walls
Coverage for your building is extended to apply to any retaining walls, which are not part of the Building, located at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. Coverage for all retaining walls is subject to a $5,000 Limit of Insurance per location.
C. Accounts Receivable
1. Coverage for Your Business Personal Property is extended to apply to your records of accounts receivable:
a. At a described premises or in or on a vehicle in transit between described premises; or
b. If the records must be removed from a described premises to protect them from the threat of DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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a Covered Cause of Loss. We will pay for a loss while they are:
(1) At a safe place away from your described premises; or (2) Being taken to and returned from that place.
2. Coverage for Your Business Personal Property is extended to apply to the amounts due from your customers that you are unable to collect due to a Covered Cause of Loss, including:
a. Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts;
b. Collection expenses in excess of your normal collection expenses that are made necessary by the loss; and
c. Other reasonable expenses that you incur to reestablish your records of accounts receivable that result from direct physical loss or damage by any Covered Causes of Loss to your records of accounts receivable, including credit or charge card slips.
3. Accounts receivable loss payment will be determined as follows:
a. Determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss occurs; and
The total above will be adjusted for any normal fluctuations in the amount of accounts receivable for the month in which the loss occurred or for any demonstrated variance from the average for that month.
b. The following will be deducted from the total amount of accounts receivable:
(1) The amount of the accounts for which there is no loss; and
(2) The amount of the accounts that you are able to reestablish or collect; and
(3) An amount to allow for probable bad debts that your are normally unable to collect; and
c. You will pay us the amount of all recoveries you receive for a loss paid by us. But any recoveries in excess of the amount we have paid belong to you.
4. Exclusions
a. We will not pay for a loss caused by or resulting from any of the following:
(1) Alteration, falsification, concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking or withholding of money, securities or other property.
This exclusion applies only to the extent of the wrongful giving, taking or withholding.
(2) Bookkeeping, accounting or billing errors or omissions.
b. We will not pay for loss that requires any audit of records or any inventory computation to prove its factual existence.
The most we will pay under this Coverage Extension is $100,000.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
D. Business Income and Extra Expense
1. Coverage is extended to cover “Business Income”/”Extra Expense” incurred when your covered building or business personal property listed on the Declarations is damaged by a Covered Cause of Loss.
We will also
pay any “Extra Expense” to continue your normal operations:
a. at the described premises; or
b. at replacement premises or temporary locations; including:
(1) relocation expenses; and
(2) costs to equip or operate the replacement or temporary locations; and
We will also pay for any corresponding “Extra Expense” to minimize the suspension of your normal operation if you cannot continue them.
2. We will pay for the actual loss of “Business Income” you sustain and necessary “Extra Expense” caused by action of civil authority that prohibi ts access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. The coverage for “Business Income” will begin 72 hours after the time of that action and will appl y for a period of up to three consecutive weeks after coverage begins. The coverage for “Extra Expense” will begin immediately after the time of that action and will end: (1) 3 consecutive weeks after the time of that action; or (2) When your “Business Income” coverage ends; whichever comes first.
3. Coverage is extended, subject to all provisions herein, to cover “Business Income”/”Extra Expense” incurred when “Contingent Business Property” is damaged by a Covered Cause of Loss. We will reduce the amount of your “Business Income” loss, other than “Extra Expense”, to the extent you can resume operations, in whole or in part, by using any other available:
a. Source of materials; or
b. Outlet for your products.
4. The following, when used in this section, are defined as follows:
a. "Extra Expense" means necessary expenses you incur during the "Period of Restoration" that you would not have incurred if there had been no direct physical loss or damage to property caused by or resulting from a Covered Cause of Loss.
b. “Business Income” means Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred during the “Period of Restoration;” and continuing normal operating expenses incurred, including payroll, bookstores, athletic events, research grants, tuition and fees from students. Fees include revenue generated from room, board, laboratories and other similar sources.
c. "Contingent Business Property" means pr operty operated by others on whom you depend to:
(1) Deliver materials or services to you or to others for your account (Contributing Locations);
(2) Accept your products or services (Recipient Locations);
(3) Manufacture products for delivery to your customers under contract of sale (Manufacturing Locations); or
(4) Attract customers to your business (Leader Locations).
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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d. "Period of Restoration” means the period of time that:
(1) Begins with the date of physical loss or damage caused by or resulting from any Covered Cause of Loss; and
(2) Ends on the date when the property should be repaired, rebuilt or replaced with reasonable speed and similar quality.
(3) "Period of Restoration" does not include any increased period required due to the enforcement of any ordinance or law that:
(a) Regulates the construction, use or r epair, or requires the tearing down of any property; o r
(b) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants.
(4) The expiration date of this policy will not cut short the "Period of Restoration."
The most we will pay under this section is $300,000 for any one occurrence. No deductible shall apply to this coverage.
E. Fire Extinguisher Recharge
Coverage is extended to cover expenses you incur to recharge portable fire extinguishers, dry chemical, carbon dioxide, or liquid automatic fi re extinguishing systems and the cost of resetting automatic fuel shut-off connections, if any of the above are discharged to fight a fire or are discharged due to a mechanical malfunction.
The most we will pay for loss or damage under this extension is $1,000.
No deductible shall apply to this coverage.
F. Lock Replacement
Coverage is extended to cover necessary expense to repair or replace exterior or interior door locks of a covered building:
1. If your door keys are stolen in a covered theft loss; or
2. When your property is damaged and your door keys are stolen by the burglars.
The most we will pay under this extension is $1,000 for any one occurrence.
No deductible shall apply to this coverage.
G. Reward Reimbursement
Coverage is extended to provide a reward for information that leads to a criminal conviction in connection with loss or damage to Covered Property by a Covered Cause of Loss; provided that the reward is pre-approved by the Company. The most we will pay for loss or damage under this extension is $5,000 regardless of the number of persons involved providing information.
No deductible shall apply to this coverage.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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H. Inventory and Appraisals
Coverage is extended to cover your expenses, excluding those for public adjusters and appraisers, to record information, compile inventories, or obtain appraisals we require to comply with the loss conditions of this Coverage Form.
The most we will pay for loss or damage under this extension is $5,000 for any one loss to covered property caused by a Covered Cause of Loss.
No deductible shall apply to this coverage.
I. Ordinance or Law
Under this Additional Coverage, we will not pay any costs due to an ordinance or law that you were required to comply with before the loss, even when the building was damaged, and with which you failed to comply.
1. Coverage A – Coverage For Loss to the Undamaged Portion of the Building
If a Covered Cause of Loss occurs to covered Building property shown in the Declarations, we will pay for loss of value to the undamaged portion of the building caused by enforcement of any ordinance or law that:
a. Requires the demolition of parts of the same property not damaged by a Covered Cause of L o s s ;
b. Regulates the construction or repair of buildings, or establishes zoning or land use requirements at the described premises; and
c. Is in force at the time of loss.
Coverage A is included within the Limit of Insurance applicable to the covered Building property shown in the Declarations. This is not additional insurance.
2. Coverage B – Demolition Cost Coverage
If a Covered Cause of Loss occurs to covered Building property, we will pay the cost to demolish and clear the site of undamaged parts of the property caused by enforcement of building, zoning or land use ordinance or law.
The Limit of Insurance for Demolition Cost Coverage is $300,000 (in addition to the Building Limit).
3. Coverage C – Increased Cost of Construction Coverage
If a Covered Cause of Loss occurs to cover ed Building property, we will pay for the increased cost to repair, rebuild or construct the property caused by enforcement of building, zoning or land use ordinance or law. If the property is repaired or rebuilt, it must be intended for similar occupancy as the current property, unless other wise required by zoning or land use ordinance or l a w .
The Limit of Insurance for Increased Cost of Construction is $300,000 (in addition to the Building Limit).
4. Under Coverage A – Coverage for Loss to the Undamaged Portion of the Building:
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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a. If the Replacement Cost coverage option applies and the property is repaired or replaced, on the same or another premises, we will not pay more for loss of value to Covered Property, including loss caused by enforcement of an ordinance or law, than the lesser of:
(1) The amount you actually spend to repair, rebuild or reconstruct the building, but not for more than the amount it would cost to restore the building on the same premises and to the same height, floor area, style and comparable quality of the original property insured; o r
(2) The Limit of Insurance applicable to the covered Building property.
b. If the Replacement Cost coverage option applies and the property is not repaired or replaced; or if the Replacement Cost coverage option does not apply; we will not pay more for loss of value to Covered Property, including loss caused by enforcement of an ordinance or law, than the lesser of:
(1) The actual cash value of the building at the time of loss; or (2) The Limit of Insurance applicable to the covered Building property.
5. We will not pay more under Coverage B – Demolition Cost Coverage than the lesser of the f o l l o w i n g :
a. The amount you actually spend to demolish and clear the site of the described premises; or b. The applicable Demolition Cost Limit of Insurance shown in the Schedule above.
6. We will not pay Under Coverage C – Increased Cost of Construction Coverage:
a. Until the property is actually repaired or replaced, at the same or another premises; and
b. Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years.
c. If the building is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay under Coverage C is the lesser of:
(1) The increased cost of construction at the same premises; or
(2) The applicable Increased Cost of Constr uction Limit of Insurance shown in the Schedule above.
d. If the ordinance or law requires relocation to another premises, the most we will pay under Coverage C is the lesser of:
(1) The increased cost of construction at the new premises (not to exceed the increased cost of construction at the same premises); or
(2) The applicable Increased Cost of Constr uction Limit of Insurance shown in the Schedule above.
7. The terms of this endorsement apply separately to each building to which this endorsement applies.
J. Spoilage
1. We will pay for direct physical loss or damage to your perishable Business Personal Property, DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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and perishable personal property of your students while at or within 1000 feet of the described premises caused by spoilage due to changes in temperature or humidity resulting from:
a. Complete or partial interruption of electrical power to the described premises due to conditions beyond your control; or
b. Mechanical breakdown or failure of heating, cooling or humidity control equipment or apparatus at the described premises.
2. Coverage does not apply to:
a. the disconnection of any heating, cooling or humidity control equipment or apparatus from the source of power; or
b. the deactivation of electrical power or current caused by the manipulation of any switch or other device used to control the flow of electrical power or current; or
c. the inability of an electric utility company or other power source to provide sufficient power due to:
(1) lack of fuel; or
(2) governmental order; or
d. the inability of a power source at the descr ibed premises to provide sufficient power due to lack of generating capacity to meet demand; or
e. breaking of any glass that is a permanent part of any refrigerating, cooling or humidity control unit.
The most we will pay for loss or damage in any one occurrence is $50,000.
K. Pair, Sets or Parts
1. Pair or Set: In case of loss to any part of a pair or set we may:
a. Repair or replace any part to restore the pair or set to its value before the loss; or b. Pay the difference between the value of the pair or set before and after the loss.
2. Parts: In case of a loss to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part.
L. Fine Arts
1. Coverage applies to “Fine Arts”. Covered Causes of Loss are extended to include risks of direct physical loss or damage except:
a. Any repairing, restoration or retouching process.
b. Breakage of fragile “Fine Arts” articles, including art glass windows, statuary, marbles, glassware, bric-a-brac, porcelains and similar fragile articles, unless caused by:
(1) The “Specified Causes of Loss”;
(2) Building glass breakage;
(3) Earthquakes; or
(4) Floods.
c. Dishonest or criminal acts by you, any of your partners, employees, directors, trustees, DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
authorized representatives or anyone to whom you entrust the property for any purpose (other than a bailee for hire or carrier):
(1) Acting alone or in collusion with others; or
(2) Whether or not occurring during the hours of employment.
This exclusion does not apply to acts of destruction by your employees; but theft by employees is not covered.
d. Voluntary parting with any property by y ou or anyone else to whom you have entrusted the property, if induced to do so by any fraudulent scheme, trick, device or false pretense.
e. Any of the following:
(1) Wear and tear;
(2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in the property that causes it to damage or destroy itself;
(3) Nesting or infestation, or discharge or release of waste products or secretions by insects or rodents; or
(4) Dampness or dryness of atmosphere or changes in or extremes in temperature.
2. The most we will pay in any one occurrence for loss or damage to “Fine Arts” caused by or resulting from any Covered Cause of Loss is:
a. The Limit of Insurance that applies to the lost or damaged “Fine Arts”; or b. $25,000;
whichever is less.
3. The following, when used in this section, means:
a. “Antique” means an object at least 100 years old.
b. “Fine Arts” means paintings, etchings, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, “antique” furniture, “antique” jewelry, bric-a- brac, porcelains and similar property of rarity, historical value or artistic merit.
M. EDP Equipment and Media
1. Coverage
a. Covered Property, as used in this Coverage Form means Electronic Data Processing devices operated by you at the premises listed on the Declarations or laptops/portable computers and accessories that are designed to function with it, that can easily be carried and is designed to be used at more than one location. The Covered Property must be either your property or property belonging to others, which is in your care and used by you in your business or profession.
b. Covered Property, as used in this section of this enhancement, means “Data” and “Media” owned proprietarily by you. The Covered Pr operty must be either your property or property belonging to others, which is in your care and used by you in your business or profession.
(1) “Data” means information stored electronically and includes facts, instructions, concepts and programs converted to a form useable in electronic data processing operations.
(2) “Media” means devices which store information which is accessible to computers.
c. Property Not Covered
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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(1) Accounts, records, documents and other valuable papers, except as they may be converted to “Data” and stored on “Media”, and then only in that converted form; or
(2) Property of yours that you have rented, leased or loaned to someone else; or
(3) Electronic Alarm Systems.
d. Coverage Extensions
(1) Provided you store duplicate “Data” at a separate premises and provided such “Data” is not insured elsewhere under this or any other insurance policy, we will cover that “Data” at each such storage location.
(2) We will also pay for loss to Covered Pr operty while temporarily located away from your premises and while in transit within:
(a) The United States of America;
(b) Puerto Rico; and
(c) Canada.
The most we will pay under this Coverage Extension is $10,000 for any single ocurrence.
The most we will pay for laptops or portable computers is $2,500 per item, subject to a $5,000 policy aggregate.
(3) We will continue to cover your Covered Property while being transferred to and while at a temporary safe storage location, whenever utilized to avoid imminent loss. You are required, however, to provide us with written notice within 10 days following such move.
(4) We will also pay for expenses you incur for the removal of debris provided:
(a) The debris is Covered Property;
(b) The Cause of Loss is not excluded by any part of this policy; and (c) The debris is located at a location scheduled in this policy.
The most we will pay under this Coverage Extension is $50,000 in any one loss, but not to exceed a total of $50,000 under this EDP coverage enhancement section.
(5) We will also pay 80% of the actual rental cost for replacement electronic equipment, beginning forty-eight (48) hours after a covered loss has occurred to Covered Property under the EDP coverage listed in the preceding paragraphs, provided such equipment will assist in continuing operations at no less than 80% of normal capacity.
This Coverage Extension will end when the covered loss has been settled or when the amount of coverage provided under this Coverage Part is exhausted, whichever occurs f i r s t .
The most we will pay under the terms of this Coverage Extension is $10,000 in any one l o s s .
(6) We will also pay you for the expense y ou incur in recharging or refilling fire protection devices which are designed specifically to protect the Covered Property under this EDP coverage section, when these devices have been used in protecting such property from a covered loss.
The most we will pay under the terms of this Coverage Extension is $25,000 in any one l o s s .
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
e. Covered Causes of Loss
Covered Causes of Loss means risk of direct physical loss to Covered Property except those Causes of Loss listed in the Exclusions.
2. Exclusions
We will not pay for a loss caused directly or indirectly by any of Items a. through i. listed below.
Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
a. Governmental Action
Seizure or destruction of property by order of governmental authority. This exclusion will not apply to acts or destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire falls within a Covered Cause of Loss under the terms of this policy.
b. Nuclear Hazard
(1) any weapon employing atomic fission or fusion; or
(2) Nuclear reaction or radiation, or radioac tive contamination from any other cause. But we will pay for direct loss caused by resulting fire if the fire would be covered under the terms o f t h i s p o l i c y .
c. War and Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by military forces, 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 powers or action taken by governmental authority in hindering or defending against any of these.
d. Delay, loss of market, loss of income, loss of use or any other cause of consequential loss.
e. Wear and tear, any quality in the Covered Property that causes it to damage or destroy itself, gradual deterioration, depreciation or damage done by insects, vermin or rodents. We will pay for direct loss caused by resulting fire or explosion if the fire or explosion would be covered under the terms of this Coverage Part.
f. Dishonest acts committed by you, anyone else with an interest in the Covered Property, or your or their employees, whether or not such an act occurs during the hours of employment; nor will we pay for a loss caused by di shonest acts by anyone entrusted with the Covered Property, except a common carrier for hire.
g. Dryness, dampness, changes in temperature, corrosion or rust. But, if the air conditioning system that services the Covered Property is damaged by a Covered Cause of Loss we will pay for any direct resulting damage to Covered Property.
h. Breakage of tubes, bulbs, lamps or articles made of glass. But we will pay for such loss caused directly by fire, lightning, explos ion, windstorm, earthquake, flood, vandalism, aircraft, rioters, strikers, theft or attempted theft, or by accident to vehicles carrying the Covered DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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Property.
i. Processing or work performed upon the Cove red Property. But we will pay for direct loss caused by resulting fire or explosion if t he fire or explosion would be covered under this Coverage Form.
3. Limits and Deductibles
a. Limit of Insurance - The most we will pay for any loss under the EDP section is $50,000.
b. Deductible - We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the contents Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible, up to the applicable Limit of Insurance.
c. Valuation - The value of the Covered Property will be determined as of the time and place of loss using the actual replacement cost of property similar to the Covered Property In no event will our liability above exceed the cost to repair or replace the property with similar property of equal value.
VIII. The following is added and supersedes any wording to the contrary under the CAUSES OF LOSS – SPECIAL FORM:
A. Water - “Water” is included as a Covered Cause of Loss. We will not pay more than $30,000 in any one occurrence.
1. “Water” means:
a. Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not;
b. Mudslide or mudflow;
c. Water that backs up or overflows from a sewer, drain or sump; or
d. Water under the ground surface pressing on, or flowing or seeping through:
(1) foundations, walls, floors or paved surfaces;
(2) basements, whether paved or not; or
(3) doors, windows or other openings.
This extension applies to all claim expenses incl uding, but not limited to building, business personal property, personal property of others, business income and extra expense and debris removal.
However, this extension does not apply to roof drainage systems, gutters or downspouts.
B. Utility Services (Applicable to Business Income (and Extra Expense) Coverage)
1. Coverage for your Business Income and Extra Expense, if included in the policy, is extended to include loss or damage that you incur due to the interruption, caused by a Covered Cause of Loss, of “Water Supply Services”, “Communication Supply Services”, or “Power Supply Services” to the premises described on the declarations.
a. “Water Supply Services” means the follow ing types of property supplying water to the described premises:
(1) Pumping stations; and
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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(2) Water mains.
b. “Communication Supply Services” means property supplying communication services, including telephone, radio, microwave or tele vision services to the described premises, such a s :
(1) Communication transmission lines including optic fiber transmission lines; and (2) Coaxial cables; and
(3) Microwave radio relays except satellites; and
(4) Overhead communication lines on or within 1000 feet of the described premises.
c. “Power Supply Services” means the following types of property supplying electricity, steam, or gas to the described premises:
(1) Utility generating plants; and
(2) Switching stations; and
(3) Substations; and
(4) Transformers; and
(5) Transmission lines; and
(6) Overhead transmission lines on or within 1000 feet of the described premises.
We will only pay for loss you sustain after the first 12 hours following the direct physical loss or damage to the off-premises property to which this enhancement applies. This Coverage Extension does not apply to direct physical damage to Covered Property.
C. Furs
The Limit of Insurance for furs is increased to $5,000.
D. Precious Metals
The Limit of Insurance applicable to trophies, medals, jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals is increased to $5,000.
E. Property in Transit
The Limit of Insurance for Property in Transit is increased to $100,000.
F. Off-Premises Power Failure
We will pay for loss of or damage to Covered Property, caused by the interruption of service to the described premises. The interruption must result from direct physical loss or damage by a Covered Cause of Loss to a “Water Supply Services”, “Communication Supply Services”, or “Power Supply Services”, not on the described premises.
1. “Water Supply Services” means the followi ng types of property supplying water to the described premises:
a. Pumping stations; and
b . W a t e r m a i n s .
2. “Communication Supply Services” means pr operty supplying communication services, including telephone, radio, microwave or television services to the described premises, such as:
a. Communication transmission lines in cluding optic fiber transmission lines; and DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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b. Coaxial cables; and
c. Microwave radio relays except satellites; and
d. Overhead communication lines on or within 1000 feet of the described premises.
3. “Power Supply Services” means the following types of property supplying electricity, steam, or gas to the described premises:
a. Utility generating plants; and
b. Switching stations; and
c. Substations; and
d. Transformers; and
e. Transmission lines; and
f. Overhead transmission lines on or within 1000 feet of the described premises.
This coverage extension does not apply to loss of Business Income or Extra Expense. The most we will pay for loss or damage under this extension is $25,000.
G. Dampness/Extremes of Temperature
We will cover the following Causes of Loss to personal property:
1. Dampness or dryness of atmosphere;
2. Changes in extremes of temperature.
H. Earthquake Sprinkler Leakage
We will pay up to $10,000 for damages resulting from Sprinkler Leakage which is caused by Earth Movement.
IX. BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM
A. Section A. COVERAGE, Subsection 5. Additional Coverages is amended as follows:
1. Part (1)(b)(ii) of Paragraph c. Extended Business Income is deleted and replaced by the following:
(ii) 120 consecutive days after the date determined in (1)(a) above.
2. Part (2)(b)(ii) of Paragraph c. Extended Business Income is deleted and replaced by the following:
(ii) 120 consecutive days after the date determined in (2)(a) above.
X. Other Insurance
If there is other insurance under a separate policy covering the same loss or damage as provided for in this coverage enhancement, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, regardless of whether you are able to collect. However, we will not pay more than the applicable Limit of Insurance.
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS OF INCOME DUE TO WORKPLACE VIOLENCE
This endorsement modifies and is subject to the insurance provided under the following:
BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM
The following is added to Section A. Coverage, 3. Additional Coverages:
e. Workplace Violence
(1) Coverage:
Loss of Business Income
:
We will pay for the actual loss of Business Income you sustain due to the suspension of your “operations” caused by any intentional use, or threat to use, deadly force by any person.
The most we will pay under this coverage is $100,000.
Extra Expense:
Coverage is extended to include the cost of public relations consultants or other specialists to restore the insured’s reputation following an incident of workplace violence. Additionally, coverage includes mental health counseling for employees.
The most we will pay under this coverage is $5,000.
(2) Loss Determination:
Determination of the Business Income loss under this additional coverage will be calculated only for the location where the workplace violence occurred. Coverage will only be for the “period of restoration”.
Extra expense will apply even though operations have resumed. However, they will not apply after 60 days following the incident.
All other terms and conditions remain the same.
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COMMERCIAL GENERAL LIABILITY
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COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words "we",
"us" and "our" refer to the company providing this
insurance.
The word "insured" means any person or organization
qualifying as such under Section II – Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.
SECTION I – COVERAGES
COVERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under
Paragraph 1. of Section II – Who Is An Insured
or any "employee" authorized by you to give or
receive notice of an "occ urrence" 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 recei v
e notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other
insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
e. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
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2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contract",
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorneys' fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are
alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you are
in the business of manufa cturing, distributing,
selling, serving or furnishing alcoholic
beverages. For the purposes of this exclusion,
permitting a person to bring alcoholic
beverages on your premises, for consumption
on your premises, whether or not a fee is
charged or a license is required for such
activity, is not by itself considered the business
of selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This ex clu
sion 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 be cause of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a
governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage"
involved the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft that is owned or operated by or
rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance or
use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising
out of:
(a) The operation of machinery or
equipment that is attached to, or part of,
a land vehicle that would qualify under
the definition of "mobile equipment" if it
were not subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law where it is
licensed or principally garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2) or
f.(3) of the definition of "mobile
equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expecte d
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;
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(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the "property damage" arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products-
completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "products-
completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.
However, this exclusion does not apply to
liability for damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs stored as
or on, created or used on, or transmitted to or
from computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used
with electronically controlled equipment.
q.
Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
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(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or
temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III – Limits Of
Insurance.
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury" to
which this insurance applies. We will have the
right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for
"personal and advertising injury" to which this
insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense arising
out of your business but only if the offense was
committed in the "coverage territory" during the
policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by or
at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal and
advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the
insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material whose first publication took place
before the beginning of the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liab ility in a contract or
agreement. This exclusion does not apply to
liability for damages th at 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 an
d advertising injury" arising out of
the wrong description of the price of goods,
products or services stated in your
"advertisement".
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i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
"Personal and advertising injury" arising out of
the infringement of copyright, patent,
trademark, trade secret or other intellectual
property rights. Under this exclusion, such
other intellectual property rights do not include
the use of another's advertising idea in your
"advertisement".
However, this exclusion does not apply to
infringement, in your "advertisement", of
copyright, trade dress or slogan.
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions
section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to, or assessing the effects of,
"pollutants".
o. War
"Personal and advertisi ng injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amend
ment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.
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COVERAGE C – MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the
"coverage territory" and during the policy
period;
(b) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a
workers' compensation or disability benefits
law or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies. We
do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $250 a
day because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
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g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessa ry litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I – Coverage A – Bodily Injury
And Property Damage Liability, such payments will
not be deemed to be damages for "bodily injury"
and "property damage" and will not reduce the
limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when we have used up the applicable limit of
insurance in the payment of judgments or
settlements or the conditions set forth above, or
the terms of the agreement described in
Paragraph f. above, are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organizati
on other than a partnership, joint
venture or limited liab ility 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.
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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. Ho wever, none of these
"employees" or "volunteer workers" are
insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co-"employee"
while in the course of his or her
employment or performing duties related
to the conduct of your business, or to
your other "volunteer workers" while
performing duties related to the conduct
of your business;
(b) To the spouse, child, parent, brother or
sister of that co-"employee" or
"volunteer worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or
control of, or over which physical control
is being exercised for any purpose by;
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
No person or organization is an insured with respect
to the conduct of any curren t or past partnership, joint venture or limited liability company that is not shown
as a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insura
nce shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard"; and
c. Damages under Coverage B.
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3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products-completed
operations hazard".
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because of
"bodily injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as
soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant's legal representative.
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4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other
insurance by the method described in
Paragraph c. below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily
occupied by you with permission of
the owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily
occupied by you with permission of
the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the extent not
subject to Exclusion g. of Section I –
Coverage A – Bodily Injury And
Property Damage Liability.
(b) Any other primary insurance available to
you covering liability for damages
arising out of the premises or
operations, or the products and
completed operations, for which you
have been added as an additional
insured.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer
defends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self-
insured 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 equ al
shares, we will follow this method
also. Under this approach each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and audit
premiums paid for the policy period is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
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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 insur ed will bring "suit" or
transfer those rights to us and help us enforce
them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V – DEFINITIONS
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific
market segments about your goods, products or
services for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web
site that is about your goods, products or
services for the purposes of attracting
customers or supporters is considered an
advertisement.
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
3. "Bodily injury" means bod ily injury, sickness or
disease sustained by a per son, 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
busine
ss; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication;
provided the insured's responsibility to pay
damages is determined in a "suit" on the
merits, in the territory described in Paragraph
a. above or in a settlement we agree to.
5. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
6. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.
7. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your wo rk" or your fulfilling the
terms of the contract or agreement.
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9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of
construction or demolition operations, within
50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, road-beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (2) above and supervisory, inspection,
architectural or engineering activities.
10. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
12. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permane
ntly mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
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However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial re sponsibility law or other
motor vehicle insurance law are considered
"autos".
13. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
14. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person
occupies, committed by or on behalf of its
owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person's right of
privacy;
f. The use of another's advertising idea in your
"advertisement"; or
g. Infringing upon another's copyright, trade dress
or slogan in your "advertisement".
15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
16. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product" or
"your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than one
job site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existe
nce 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 products-
completed operations are subject to the
General Aggregate Limit.
17. "Property damage" means:
a. Physical injury to tang ible 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.
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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 subs titute 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
(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 pe rformed 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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Attachment: Nanogan Science-dba Mad Science exp 12.31.23 (4727 : APPROVAL TO AMEND MAD SCIENCE AGREEMENT NO 21-0428 TO NOT POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contra ctor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
PHPK2221777
Moffett Towers II Association LLC
Paul Holdings Inc. dba Jay Paul Company
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